交通肇事财产保全保险条款

**第一条 定义**

本保险合同中，下列用语和术语具有特定含义，除上下文另有规定外，具有如下含义：

1.1 投保人：依法设立，具有民事权利能力和民事行为能力，并符合本保险合同约定的资格条件，向保险人提出保险申请，并交纳保险费的自然人、法人和其他组织。

1.2 被保险人：指经投保人同意，并在保险合同中载明的对保险事故发生时享有保险金请求权的人。被保险人可以是投保人本人，也可以是与投保人具有保险利益关系的其他人。

1.3 保险人：指经中国银行保险监督管理委员会批准设立，并依法登记注册的，经营财产保险业务的保险公司。

1.4 交通肇事：指使用 motor vehicles on roads that result in damage to the property of others, where the driver of the motor vehicle is at fault.

1.5 保险财产：指本保险合同项下承保的，因交通肇事导致损失的财产，包括但不限于车辆、道路、公共设施以及其他财产。

1.6 保险金额：指保险人承担保险赔偿责任的最高限额，也是计算保险费的依据。

1.7 保险期间：指本保险合同约定的起止日期，保险人仅对保险期间内发生的保险事故承担赔偿责任。

1.8 免赔额：指每次保险事故发生后，由被保险人自行承担的，不属于保险人赔偿范围的部分损失金额。

**第二条 保险责任**

2.1 In accordance with the provisions of this contract and upon payment of the premium, the insurer agrees to provide compensation for property damage arising from traffic accidents caused by the insured during the period of insurance and within the scope of insurance liability specified in the contract.

2.2 The insurer shall be liable for compensation for the following losses caused by traffic accidents:

(1) Direct loss of insured property;

(2) Reasonable expenses incurred to prevent the expansion of losses after the occurrence of an insured accident;

(3) Reasonable expenses incurred by the insured to determine the amount of the insured loss;

(4) Other losses covered by the insurance contract.

**第三条 免责条款**

发生保险事故，有下列情形之一的，保险人不承担赔偿责任：

3.1 Intentional acts or gross negligence of the insured or the insured's agent;

3.2 Losses caused by the inherent defects of the insured property;

3.3 Losses due to war, military action, riot, turmoil, or seizure, confiscation, requisition, or destruction by any government or public authority;

3.4 Losses caused by nuclear explosion, nuclear radiation, or radioactive contamination;

3.5 Losses caused by earthquakes, tsunamis, volcanic eruptions, or other natural disasters;

3.6 Losses that should be borne by other insurance policies taken out by the insured;

3.7 Other circumstances stipulated in the insurance contract for which the insurer is not liable.

**第四条 保险金额**

4.1 The insured amount for this insurance shall be determined through consultation between the insured and the insurer, based on the actual value of the insured property or the maximum amount of liability that may be assumed, and shall be specified in the insurance contract.

4.2 If the insured amount is lower than the actual value of the insured property, the insurer shall be liable for compensation in proportion to the insured amount to the actual value of the insured property when the insured property suffers a loss.

**第五条 保险费**

5.1 The insurance premium for this insurance shall be calculated by the insurer based on the insured amount and the corresponding premium rate, and shall be paid by the insured to the insurer in a lump sum.

5.2 The insurer has the right to adjust the premium rate. If the premium rate is adjusted, the insurer shall notify the insured in writing 30 days before the expiration of the insurance period. If the insured disagrees with the adjusted premium rate, they have the right to terminate the insurance contract.

**第六条 保险期限**

6.1 The insurance period for this insurance shall be agreed upon by the insured and the insurer, and shall be specified in the insurance contract.

6.2 If the insured needs to renew the insurance contract after the expiration of the insurance period, they shall go through the renewal procedures with the insurer within the agreed time limit and pay the insurance premium.

**第七条 保险索赔**

7.1 Upon the occurrence of an insured accident, the insured or the beneficiary shall immediately take necessary measures to prevent or reduce the loss, and promptly notify the insurer.

7.2 When making a claim, the insured or the beneficiary shall provide the insurer with the insurance contract, the loss identification materials, and other relevant documents.

7.3 The insurer shall, within a reasonable time after receiving sufficient documents from the insured or the beneficiary, determine the liability for compensation and fulfill the compensation obligation within the scope of its liability.

**第八条 争议处理**

8.1 Any dispute arising from or in connection with this insurance contract shall be settled amicably through consultation between the insured and the insurer.

8.2 If the dispute cannot be settled through consultation, the insured may choose to submit the dispute to an arbitration institution for arbitration in accordance with the relevant arbitration rules of the arbitration institution.

8.3 If the dispute is not settled through consultation or arbitration, the insured may file a lawsuit in the court where the defendant is domiciled.

**第九条 其他**

9.1 This Contract shall be governed by Chinese law.

9.2 This contract shall be made in two copies, each party holding one copy.

9.3 This contract shall come into force upon signing and sealing by both parties.

**Insurer (Official Seal):**

**Insured (Signature or Seal):**

**Date:**