Analysis on the claims of passengers in the air crash of China Eastern Airlines: Is there any chance to get insurance compensation if you don't buy aviation insurance?
After the air crash, many netizens expressed fear on public social platforms that they had not bought aviation accident insurance before. In fact, judging from the announcement, aviation accident insurance is indeed the main way for the families of air crash victims and injured passengers to get compensation.
According to public information, aviation accident insurance is a commercial insurance specially designed by insurance companies for air passengers. Aviation accident insurance includes single-trip aviation accident insurance, which often appears together with ticket purchase, and only guarantees a single flight. The premium varies from 20 yuan to 30 yuan, and the insured amount ranges from 200,000 yuan to 400,000 yuan. There is also aviation insurance sold on the internet platform, which can cover all flights from a few days to a year, with different prices, but the insured amount is as high as several million yuan or even tens of millions of yuan.
Sun Hongtao, an associate professor at the School of Law of East China University of Political Science and Law, pointed out that aviation accident insurance, as an accident insurance, is a kind of life insurance according to the classification of insurance law, and it is not a kind of loss compensation like property insurance, but a kind of insurance with fixed payment. "In other words, there is no limit to accident insurance, and the amount of compensation depends on how many policies the insured has purchased. The more policies that meet the claim requirements, the more compensation will be paid. It is indeed possible to get tens of millions of compensation. " He said.
According to historical data, in the air crash in China in 2009, one Frenchman bought PICC life insurance and received 9.6 million yuan in insurance compensation. However, Sun Hongtao also said that because the probability of plane crash is extremely low, most people often don't check the aviation insurance when purchasing flights, so the probability of purchasing multiple insurance policies is extremely low.
However, even if aviation insurance is not actively deployed, families of air crash victims and injured passengers still have the opportunity to passively deploy claims, that is, some bank credit cards will provide aviation insurance services to cardholders, and the aviation insurance deployed by them will take effect when paying for air tickets with this credit card.
Can the passengers of China Eastern Airlines still get compensation when it is confirmed that aviation accident insurance is not configured? Wang, director of the Insurance Research Center of Beijing Technology and Business University, said that even if the passengers did not buy commercial insurance, the airlines in the accident still had to bear the liability compensation.
For domestic routes, the Civil Aviation Administration of China issued the Provisions on the Limitation of Liability of Domestic Air Transport Carriers in 2006, which stipulated that the limitation of liability of domestic air transport carriers was: if personal injury or death was caused by an incident that occurred on a civil aircraft or passengers boarded or disembarked from a civil aircraft, each passenger would be compensated RMB 400,000; In addition, the liability limit of each passenger's carry-on articles is 3000 yuan; The liability limit of passengers for checked baggage and transported goods is RMB 0/00 per kilogram.
If it is an international route, most countries will deal with it according to the Montreal Convention of 1999. According to the provisions of the Convention, whether the carrier is at fault or not, the compensation limit reaches 65,438+one million special drawing rights (about135,000 USD), and the carrier's liability for compensation shall not be exempted or limited. When the passenger's casualties are caused by the carrier's responsibility, the passenger can also claim compensation of more than 654.38 million SDR.
At present, the crashed flight of China Eastern Airlines is a domestic route, so no matter whether the crashed passengers have purchased insurance, they can still get the liability compensation with the upper limit of 400,000 yuan.
Liu Bingrui, an insurance lawyer, pointed out that if airlines allocate the "passenger statutory liability insurance" to insurance companies, the subsequent airlines will not have to bear the liability for compensation, but will pass it on to insurance companies for compensation. But for passengers, it is the same whether airlines buy this "passenger statutory liability insurance", which is nothing more than airline compensation or insurance company compensation.
In addition to applying for aviation accident insurance and liability compensation, Liu Bingrui added that in addition to aviation accident insurance, if you buy ordinary accident insurance or public transportation accident insurance after your death, you can also get death compensation; In addition, if you buy annuity insurance, whole life insurance, term life insurance and old-age security, you can also get death compensation.
He also reminded that in recent years, insurance institutions will give short-term accident insurance in various ways, generally electronic insurance policies, and family members may not know. You can check all the insurance policies in his name through the China Insurance Association.
To sum up, for passengers, the final amount of insurance compensation will depend on the liability compensation of airlines, aviation insurance compensation (such as insurance) and the amount of life insurance and accident insurance insured by themselves.
It is understood that in the 20 10 air crash in Yichun, Heilongjiang, the upper limit of per capita compensation reached 950,000 yuan; In 20 14, China airlines MH370 air crash shocked the world, and each Malaysian passenger was compensated about 1.5 million RMB. 20 15 China transasia airways passenger plane crashed into the river, and the compensation scheme for each passenger killed was RMB 2.95 million.
There were *** 132 people on board in this air crash. If the average compensation per person is about 1 00-200 million yuan, the insurance company will pay more than100 million yuan for the people on board.