Shanghai dida car rental

Insurance Regulatory Bureau uncovered unannounced visits: China and other car rental companies suspected of selling illegal insurance


In recent years, with the vigorous development of domestic Zijia You, China's short-term car rental market has entered a period of rapid development, the insurance demand associated with it surge. However, insurance companies in our country do not have insurance coverage for such businesses. Vehicle tenants can only choose to buy from car rental companies.

Insurance Regulatory Bureau uncovered unannounced visits: China and other car rental companies suspected of selling illegal insurance

But few people found that possession of "tricky." Shanghai Securities News reporter recently received a ** "on the rental car companies suspected of illegal business insurance business analysis and recommendations" (hereinafter referred to as "recommendations"), opened the fiery car rental market behind those unknown Insurance "shady."

This is actually a local Insurance Regulatory Bureau made a clear investigation of several major car rental companies such as Shenzhou car rental survey results. In the "Proposal", the CIRC directed the "four crimes" of the car rental company: charging the tenant directly with "insurance premiums" in connection with the suspected illegal business operation of the insurance business; charging basic insurance premiums that allegedly constituted an act of selling insurance insurance; Insurance contract information disclosure is not sufficient; the reasonableness of the insurance premiums to be discussed, may constitute unjust enrichment.

Non-sale insurance qualification suspected of illegal business

Currently, there are four large car rental companies in the domestic market: Shenzhou Car Rental, Hi Car Rental, Shouqi Car Rental and Rick Car Rental. According to the aforesaid CIRC, some insurance companies are aware that all four car rental companies insure the insured and the insured, uniformly insulate the operating vehicles to the insurance companies in the name of the company on a yearly basis, and then provide the lessee with short-term insurance service.

Insurance Regulatory Bureau uncovered unannounced visits: China and other car rental companies suspected of selling illegal insurance

The above-mentioned CIRC pointed out that the first problem existing in car rental companies is that neither the qualification of operating the insurance business nor the insurance provided collect the "insurance premiums" from the lessee directly without being audited or put on file, which are suspected of constituting an illegal operation Insurance business.

First, car rental companies are not qualified to sell insurance products. Article 6 of the Insurance Law revised in 2015 stipulates: "The insurance business shall be run by insurance companies established in accordance with this Law and other insurance organizations as prescribed by laws and administrative regulations, and no other entity or individual may operate any insurance business." Currently, agencies that can sell insurance products Mainly insurance companies, insurance agencies, insurance and industry agencies.

Upon inquiry by the CIRC, the above-mentioned four car rental companies under investigation did not qualify for insurance business nor had insurance for online sales, and their direct collection of insurance premiums from the lessee allegedly constituted an illegal Insurance business.

Second, short-term insurance products sold by car rental companies have not been approved for filing. According to the "Property Insurance Company Insurance Terms and Insurance Rates Management Measures" and other relevant provisions of the insurance products sold by insurance companies should be approved or filing. Up till now, neither the CIRC nor the China Insurance Association has reviewed and filed automobile insurance products marketed on a daily basis. The related products sold by car rental companies are illegal products, which constitute illegal insurance business.

In addition, car leasing companies do not count the deductible service is deductible, regardless of the deductible part, if the car leasing company to deductible part of the separate charge to the car hire, and the charges as the future accident compensation fund, not to the insurance company will Suspected of constituting illegal business insurance business.

Charge commercial vehicle insurance suspected of selling

Insurance Regulatory Bureau uncovered unannounced visits: China and other car rental companies suspected of selling illegal insurance

The second problem that car rental companies have is that they charge "basic insurance" fees and are suspected of constituting an insurance sale.

Currently, rental car rental companies are divided into online booking, telephone booking and store booking three kinds, including online mobile APP booking as the most important way, insurance services are also many channels for sale. Take Shenzhou Car Rental as an example, when the selected car clicks "Set Car Now", the total amount displayed is larger than the average daily car rental fee displayed on the home page. In addition, the car rental fee and store service fee also include the basic insurance fee and handling fee. The basic insurance premiums for the total insurance coverage, did not explain the price of various types of insurance, also did not fully reveal the insurance and excluding deductible service details.

However, Shenzhou car home page has a basic insurance premiums and excluding deductible service more detailed instructions. Basic insurance includes vehicle damage insurance, third party liability insurance, vehicle liability insurance (driver), car theft, glass explosion and spontaneous combustion loss insurance.

Article 11 of the Insurance Law stipulates: "The conclusion of insurance contracts shall be based on the principle of fairness and determination of the rights and obligations of all parties, except where insurance is required by laws and administrative regulations, and insurance contracts are voluntarily concluded."

The insurance provided by the car rental company to the lessee, except the third party liability insurance compulsory insurance law, the other types of insurance are commercial insurance, does not belong to the scope of compulsory insurance. In other words, car rental companies can not force the car lessee to buy.

"The four car leasing companies surveyed regarded these insurances as mandatory items, forced the tenants to buy, violated the principle of voluntariness in insurance contracts, infringed the consumers' right to choose, and allegedly constituted the sales insurance." The above insurance Supervisory Board pointed out in the "suggestion". In contrast, the insurance provided by the American car rental company, in addition to the compulsory third party liability insurance, the other insurance are independently optional, not mandatory to buy.

Insufficient disclosure of insurance contract information

Insurance Regulatory Bureau uncovered unannounced visits: China and other car rental companies suspected of selling illegal insurance

The third problem that car leasing companies have is that the information disclosure of insurance contracts is not sufficient.

According to Article 17 of the Insurance Law, "Where an insurance contract is concluded and the terms and conditions provided by the insurer are adopted, the policy of insurance policy provided by the insurer to the applicant shall be subject to the terms of the form. The insurer shall explain to the insurer the contents of the contract."

The above-mentioned CIRC pointed out that the insurance contracts involved in the provision of insurance services by the rental car companies to the lessee are contractual forms of contracts, but the obligation of explanation to the lessee has not been fully fulfilled.

On the one hand, when the lessee pays the insurance premium, only the rental fee of the car is displayed. Only after the payment is confirmed, will the insurance premium be displayed. The rental car company does not fully disclose the insurance coverage. On the other hand, some car rental companies even deliberately concealed coverage, resulting in the lessee found in the claim insurance content and car rental company's official website does not match.

Insurance premiums higher than the offer or constitutes unjust enrichment

The fourth crime the car rental company has pointed out is that the reasonableness of the car rental company's calculation of insurance costs remains to be discussed and may constitute unjust enrichment.

According to Paragraph 1 of Article 114 of the Insurance Law, "Insurance companies shall make insurance articles and premium rates fairly and reasonably in accordance with the provisions of the insurance regulatory authority under the State Council, and shall not damage the policyholders ', insureds and beneficiaries' Legitimate rights and interests. "

However, the over-pricing of insurance services by car rental companies and the fact that the rates have not been approved or filed have seriously infringed the interests of consumers.

The survey conducted by the above-mentioned CIRC found that on the one hand, the average premium collected by car rental companies accounted for about 15% of the rental income. According to Shenzhou car rental and a Hi car earnings, the insurance premiums paid to insurance companies in the rental income accounted for 4.1% and 5.4% respectively. Insurance expenses accounted for far less than the proportion of premium income, that car leasing companies receive premiums from the lessee far higher than their actual insurance costs.

On the other hand, the premiums charged by car rental companies are much higher than those charged by insurance companies for similar insurance services. For example, according to the utilization rate of 65.1% of the fleet disclosed by the 2016 annual report, the average annual premium income of the car is 21,385 yuan while that of the Ping An Insurance Insurance which is similar to that of 1,000 yuan excluding the deductible insurance is 6,356 yuan , PICC Property Insurance includes 2000 yuan excluding deductible insurance premiums for 8982 yuan. Shenzhou car rental insurance costs were taken out of Ping An Insurance and PICC Property 3.36 times and 2.38 times.

As for the four insurance management behaviors currently existing in automobile leasing companies, the above-mentioned CIRC pointed out in the "Proposal" that due to the ineffectiveness of the independent supervision by the local insurance regulatory bureau, it is necessary to strengthen supervision and rectification from the CIRC level, The Company conducts a special rectification on the illegal conduct of insurance business, strengthens the disclosure of relevant information and protects the consumers' right to information.

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