Analysis of Insurance Claims after Air Crash

2022 03/22

In recent years, aircraft accidents have occurred frequently worldwide. Every plane crash touches the heartstrings of people. On March 21st, the news of the crash of a domestic China Eastern Airlines passenger plane is heartbreaking. According to reports, the accident has killed 132 people on board, including 123 passengers and 9 crew members. After the accident, dozens of insurance companies have launched emergency mechanisms for settling claims. Insurance compensation in air accidents has also increasingly aroused high public attention. What insurance claims will be involved in the air crash? This article briefly summarizes this.


1、 Aircraft fuselage insurance


Aircraft fuselage insurance belongs to the insurance explicitly required by the "Interim Provisions of the State Council on General Aviation Administration" that airlines should purchase. Aircraft fuselage insurance covers accidental loss or damage to the aircraft and its accessories, regardless of any reason (excluding exclusions), as well as the costs of aircraft disassembly, reassembly, transportation, and debris removal caused by accidents during flight, taxiing, and ground parking.


The foregoing exclusions generally include: aircraft hijacked or damaged by a third party due to war, hostilities, or armed conflict; The aircraft does not meet airworthiness conditions and flies; Intentional acts of the insured; Losses caused by natural wear and tear of any component of the aircraft, manufacturing and mechanical defects, as well as noise, pollution, and radioactive contamination. Therefore, as long as the insured accident falls within any of the exclusions, the insurance company has the right not to bear the liability for compensation for aircraft damage.


So, how does the insurance company determine the amount of compensation under the aircraft fuselage insurance? Generally, an aircraft with an age of not more than one year is considered a new aircraft, and its insurance amount is determined based on the replacement value (the total cost of re purchasing the subject matter of insurance); An aircraft with an aircraft age of more than one year is considered an old aircraft, and its insurance amount is generally determined based on the actual value (the current value of the subject matter of insurance agreed upon by the insurance company and the applicant).


2、 Third party liability insurance


Both the Civil Aviation Law of the People's Republic of China and the Provisional Regulations of the State Council on General Aviation Administration clearly stipulate that the operator of civil aircraft should purchase ground third party liability insurance. In fact, China's earliest legal form of compulsory third-party liability insurance is aircraft third-party liability insurance. The term "third parties" refers to third parties other than airlines, their employees, and passengers. The content of its insurance coverage is the economic compensation liability that should be borne by the airline according to law due to the personal injury, death, or property loss of a third party caused by an aircraft or a person or object falling from the aircraft. Therefore, in this accident, residents in the vicinity who suffered personal or property damage due to the aircraft crash have the right to directly file a claim with the insurance company.


3、 Passenger liability insurance


Passenger liability insurance covers the personal injury or death of passengers or the loss of luggage and articles carried and checked in due to accidents occurring during the boarding and disembarking of passengers. According to the "Provisions on the Limitation of Liability of Domestic Air Transport Carriers" issued by the Civil Aviation Administration of China on February 28, 2006, the liability limit for damages incurred in domestic air transport is 400000 yuan per passenger, and the liability limit for carry-on items per passenger is 3000 yuan; The liability limit for passengers' checked baggage and transported goods is 100 yuan per kilogram. In the event that the airline insures passengers with passenger liability insurance, each passenger can receive the above compensation amount from the insurance company.


4、 Aviation accident insurance


Aviation accident insurance belongs to personal insurance and is relatively familiar to everyone. When purchasing air tickets on third-party platforms, we often receive pop-up prompts to purchase such insurance. Due to the large market demand, the premium for aviation accident insurance is relatively low, typically between 20 yuan and 50 yuan, and the guaranteed amount is typically between 2 million yuan and 5 million yuan. Even, some aviation accident insurance coverage amounts to as much as 10 million yuan.


Aviation accident insurance covers the risk of death or disability caused by accidental injury to passengers from the time they enter the cabin door of an aircraft to the time they fly to their destination and exit the cabin door. Unlike the principle of loss compensation in property insurance, within the coverage of aviation accident insurance, as long as the insured dies or is disabled due to an accident, the insurance company will provide a fixed compensation. Of course, if a passenger does not purchase this insurance, he or she can fully obtain compensation under other insurance policies (such as passenger statutory liability insurance, annuity insurance, lifelong life insurance, term life insurance, etc.).


epilogue


At present, the rescue work for the China Eastern Airlines crash is under intense progress. Let's pray for every victim and look forward to a miracle together.