What to Do If an Accident Occurs with an Un-transferred Used Car Insurance?
2 Answers
The new Insurance Law (2009) stipulates that after the transfer of vehicle ownership, the new owner inherits the rights and obligations of the original insured. This means that as long as the vehicle has been transferred before the accident occurs, regardless of whether the insurance policy has been transferred, the actual insured is the current owner at the time of the accident. You can file an insurance claim with the insurance company. (Refer to the Insurance Law for details) More relevant information is as follows: Note 1: Insurance companies can only refuse to pay claims if the transfer results in a significant increase in the risk level of the subject (vehicle), such as changing from non-commercial to commercial use. (Refer to the insurance terms for details) Note 2: Currently, the China Insurance Regulatory Commission is addressing the issue of difficulties in auto insurance claims. Professional insurance company claims personnel will determine whether to pay based on the aforementioned circumstances, rather than directly refusing payment on the grounds that the policy has not been transferred. This reason is invalid, not recognized by the Insurance Regulatory Commission, and will not be upheld in court.
I'm an ordinary person who drives frequently and have encountered similar situations. If an accident happens before the insurance is transferred, first of all, don't panic. Stop the car immediately to ensure safety, set up warning signs, and take photos of the accident scene. Then report to the traffic police and contact the insurance company. They will check the insurance records and may deny the claim if they find the policyholder is not you. In this case, you need to find the original owner to handle the claim together, bringing documents like the car purchase contract to prove ownership. I've done this before, and although it was a bit troublesome, it eventually worked out. Afterward, make sure to transfer the insurance immediately to avoid recurrence. Remember, transferring all procedures when buying a car is a must, just in case. Stay calm and don't delay when handling accidents.
