I. Overview
1. Market Conditions
In this case, the respondents were non-life insurance companies1 that were liable for
damage to other person’s car in an accident which occurred in the process of owning, using
and managing a policyholder’s car. In particular, when the insured were legally liable to
compensate the victim for the damage in an accident, the person having a claim for damages
could directly file an insurance claim with the insurance company.
Under the insurance policy, non-life insurance companies had to pay to the damaged car’s
owner the cost of car rental if the owner had rented a car, or 20% of the cost if the owner had
not rented a car (compensation for non-operation)2 while the damaged car was repaired.
They also had to compensate the owner for being unable to use his or her commercial vehicle
during the repair. In most cases, the victims who rent a car during the period made a request
for the cost payment to the insurer. However, the victims who used public transportation,
instead of a rental car, mostly did not request for the payment since such amount was
relatively low compared to the rental cost, and the victims did not know well about the
insurance clauses.
In addition, if the repair cost of a damaged car (aged two years or less after delivery) had
exceeded 20% of its price prior to the accident, the insurance companies should have paid 15%
of the repair cost for the car aged one year or less and 10% for the car aged between one and
two years as an automobile depreciation insurance payout.
I. Overview1. Market ConditionsIn this case, the respondents were non-life insurance companies1 that were liable fordamage to other person’s car in an accident which occurred in the process of owning, usingand managing a policyholder’s car. In particular, when the insured were legally liable tocompensate the victim for the damage in an accident, the person having a claim for damagescould directly file an insurance claim with the insurance company.Under the insurance policy, non-life insurance companies had to pay to the damaged car’sowner the cost of car rental if the owner had rented a car, or 20% of the cost if the owner hadnot rented a car (compensation for non-operation)2 while the damaged car was repaired.They also had to compensate the owner for being unable to use his or her commercial vehicleduring the repair. In most cases, the victims who rent a car during the period made a requestfor the cost payment to the insurer. However, the victims who used public transportation,instead of a rental car, mostly did not request for the payment since such amount wasrelatively low compared to the rental cost, and the victims did not know well about theinsurance clauses.In addition, if the repair cost of a damaged car (aged two years or less after delivery) hadexceeded 20% of its price prior to the accident, the insurance companies should have paid 15%of the repair cost for the car aged one year or less and 10% for the car aged between one andtwo years as an automobile depreciation insurance payout.
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