一、案件经过
快递员小L派件时避让行人摔倒,自感轻伤,因此未报案未拍照,继续工作。数日后因伤情加重,小L就医并产生费用,申请意外险理赔时因时隔多日、无现场证据,理赔受阻。
二、法律要点
根据《保险法》第二十一条,事故发生后应及时通知保险人;因故意或者因重大过失拖延导致事故性质、原因、损失程度等难以确定的,保险人可对无法确定部分拒赔。小L因未及时报案,导致承担举证不能的后果。
三、理赔风险提示
①伤轻也要立即报案,保留报案记录;
②现场拍照、保存派件轨迹及目击证人;
③拖延报案易致证据灭失,影响理赔甚至拒赔。
华泰财产保险有限公司深圳分公司
Case Study: Claims Tips for New Urban Residents
1.Case Summary
Courier Mr. L fell while avoiding a pedestrian during a delivery. Believing the injury to be minor, he did not report the incident to his insurer or take any photos. He continued working. Several days later, his injury worsened, and he incurred medical expenses. When he filed an accidental injury claim, due to the passage of time and lack of on-site evidence. As a result, his claim was hindered.
2. Legal Highlights
Under Article 21 of the Insurance Law of the People's Republic of China, the insured shall notify the insurer promptly after an incident occurs. If, due to the insured's intentional act or gross negligence, the delay causes difficulty in determining the nature, cause, or extent of loss of the accident, the insurer may deny compensation for the unascertainable portion. Since Mr. L failed to report in a timely manner, he must bear the consequences of being unable to provide sufficient proofs.
3. Claims Risk Warnings
① Even if injuries seem minor, please report the incident immediately and keep a record of your report.
②Take photos of the scene, preserve your delivery route records, and obtain witness statements.
③ Delaying the report increases the risk of losing critical evidence, which may negatively affect your claims or lead to denial. Acting promptly is the best way to protect your rights.
Huatai Property & Casualty Insurance Co., Ltd. Shenzhen Branch