Will the insurance company pay for the loss caused by the car being locked by the property?

The insurance company needs to pay for the loss caused by the car being locked by the property. It can be analyzed according to the case of "whether the insurance company should compensate the damaged parking area of the car".

Liu Moumou, the owner of Cadillac off-road vehicle, was insured by XX Property Insurance Co., Ltd. Shanghai Branch on August 24th, 20 15. The insurance policy states that Liu is the insured; The insurance scope includes motor vehicle loss insurance, and the insurance amount (liability limit) is 43397 1 yuan, excluding deductible; The insurance period is from 0: 00 on August 25th, 20 15 to 24: 00 on August 24th, 20 16. Article 4 of the Family Car Loss Insurance Clause attached to the insurance policy stipulates that during the insurance period, if the insured or its authorized legal driver causes the loss of the insured motor vehicle for the following reasons, the insurer shall be responsible for compensation according to the provisions of this insurance contract: (3) Foreign objects fall or collapse.

20 161At about 7: 45 a.m. on October 23rd, Liu Faxian stopped atNo. XX, XX Lane, XX Road, XXX District, and was smashed by falling objects (the cement window eaves of a building in Room 602), so he immediately called110 to call the police and then contacted the insurance company. After receiving the report, the insurance company instructed Liu to park the vehicle involved in the case in the designated maintenance unit, Automobile Sales & Service Co., Ltd. to wait for the damage to be determined.

On April 2, 2006, Kloc-0/2065438, the insurance company issued the Confirmation of Vehicle Loss for Motor Vehicle Insurance, which recorded that the total amount of fixed loss was RMB one hundred and thirty-five thousand Yuan only (￥ 135000.0 Yuan). 2065438+April 23rd, 2006, Liu paid the maintenance fee of RMB135,000 to obtain the maintenance fee invoice. Later, Liu took the ticket to the insurance company to claim compensation, which was rejected. The reason is that Liu's vehicle was parked in the community and smashed by the window eaves dropped by the community owner's house, and the owner or the community property company should be liable for compensation. Helpless, Liu sued the insurance company to the court and demanded compensation for alimony135,000 yuan. This lawyer represents Liu Moumou.

In this case, Liu insured the insurance company and paid the premium, and an insurance contract relationship was established between the two parties. According to the relevant contents of the insurance contract, the vehicle being injured by falling objects belongs to the insurance company's compensation scope, so the insurance company should compensate Liu's vehicle maintenance expenses according to the insurance contract. Of course, Article 60 of the Insurance Law of People's Republic of China (PRC) stipulates that if an insured accident is caused by damage to the subject matter insured by a third party, the insurer shall subrogate the insured's right to claim compensation from the third party from the date of compensation to the insured. Therefore, after compensation for Liu, the insurance company has obtained the right to claim compensation on behalf of Liu, and can claim compensation from the owner of Room 602 or the residential property company.

To sum up, the insurance company needs to pay for the losses caused by the car being locked by the property.