Authors are natural: SMG broadcasting guidance and legal expert on consumer rights protection;
This article author provides advice to private car owners with his skillful accounting and legal knowledge.
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is contingent liabilities, is an accounting term.
Example: If the quality of goods and services is poor, and there are many returns and replacements, it will incur costs, and "possible" becomes "real"; if the quality of goods and services is good, there are few returns and replacements, and perhaps the costs incurred (possible) will be converted into profit.
Next, let’s talk about car insurance issues.
During the lockdown period, private cars cannot be put on the road and insurance claims will hardly occur. This means that the insurance company has not provided any services and earned all the claims made by the car owner in vain, and if there is a liability, it will become a debt without liability. This is obviously unfair!
Do car owners feel it is necessary to talk to the insurance company - the extension will be made after deducting the days of the lockdown during the insurance contract? Or extend it uniformly for two or three months!
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Recommendation:
1. Do not apply force majeure, but apply changes in circumstances - After the contract is established, the basic conditions of the contract have undergone major changes that the parties cannot foresee when concluding the contract and are not commercial risks. Continuing to perform the contract is obviously unfair to one party, and the adversely affected parties can renegotiate with the other party;
2. If negotiation cannot be reached within a reasonable period of time, the parties may request the court or arbitration institution to change or terminate the contract.
3. Car owners should not propose termination of the contract, just propose changes - the insurance company also knows what the situation is.
also has a legal and reasonable and correct relief method. The Consumer Protection Committee can make changes to the China Banking and Insurance Regulatory Commission on behalf of the majority of car friends. If rejected, you can file a public interest lawsuit with the court on behalf of all car friends, so as not to sue them one by one.
Remember the knowledge points: contingent liabilities, obvious unfairness, changes in circumstances, and public interest litigation.
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