But at that time, the development of insurance market paid more attention to the expansion of business, rather than the improvement and promotion of insurance services. Therefore, the insurance agent system and insurance broker system develop relatively fast, while the insurance assessor system develops slowly. Although in 1990, the first modern assessor in New China, the Insurance Claims Assessment Technical Service Center, was formally established in Inner Mongolia Autonomous Region, which played an exemplary role in the development of domestic insurance assessors. However, since then, insurance assessment organizations have been established only in sporadic areas of the country; It was not until June 5438+February 2000 that the qualification examination for insurance adjusters was held in Guangzhou for the first time.
After 2000, the domestic insurance assessment industry gradually began to receive attention, and the state issued relevant management regulations in time to guide and promote the development of the insurance assessment industry. However, due to the limitation of development time and degree, the role, position and function of insurance assessors in China, such as independence of position, neutrality of position and objectivity of conclusion, are all affected by the limitations of system development and cannot be fully exerted.
1, the role of insurance adjusters.
An insurance assessor refers to a company established with the approval of the China Insurance Regulatory Commission in accordance with the Insurance Law and other relevant laws and regulations, and entrusted by an insurance company, the insured or the insured to handle the business of evaluation, inspection, appraisal, loss estimation and adjustment of the subject matter of insurance, and accordingly collect reasonable fees from the insurance parties.
Different from other insurance intermediaries (insurance agents, insurance brokers), the biggest role feature of insurance assessors lies in their unique role positioning and role.
Role orientation
In the role of insurance intermediary, the insurance agent mainly represents the interests of the insurer, while the insurance broker represents the interests of the insured. Insurance assessors are not inclined to the interests of any insurance parties, and always maintain an objective, fair and neutral role.
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On the one hand, the contractual relationship between the insurance assessor and the insurance party belongs to the entrustment relationship, which ensures the independence and autonomy of the insurance assessor in carrying out the assessment work. Insurance assessors can be free from the constraints and influences of clients (insurance companies and policyholders), so the assessment results are more objective, fair and accurate.
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On the other hand, because the insurance assessment report is of great value to insurance claims disputes and judicial trials in practice, according to the relevant provisions of the Insurance Law, if an insurance assessor causes losses to the insurer or the insured intentionally or negligently, he shall be liable for compensation according to law, so the objectivity of the insurance assessment conclusion must be guaranteed.
Role function
As an important part of the insurance intermediary market, insurance assessors play an important role in the development of insurance intermediary industry and insurance industry. Based on the positioning of the above-mentioned insurance adjuster, this paper mainly analyzes its role in insurance claims and industry market development.
As we all know, there is a serious information asymmetry between the parties to the insurance contract, but at present, there are some irregular market behaviors in various domestic insurance market entities, such as insurance companies setting unreasonable insurance clauses to avoid refusing compensation; Malicious fraud by the insured leads to the prominent contradiction between the insurer and the insured, which affects the standardized and healthy development of the insurance market.
As a third-party organization independent of the insurer and the insured, insurance assessors provide insurance services such as assessment, inspection, appraisal, loss determination and adjustment for both parties to the insurance contract based on an objective, fair and neutral role. The results of the insurance assessment report issued by it are not biased towards either party, and can be accepted by both parties of the insurance contract at the same time, which is conducive to alleviating and standardizing the contradiction between the insurer and the insured, ensuring the objectivity, fairness and justice of insurance claims, and promoting the healthy development of the insurance industry market norms.
2. The realistic development of insurance adjuster's role orientation.
Of course, the role orientation and role function mentioned above are more based on the theoretical perspective of the development of the insurance assessor system. Judging from the practice of the development of the domestic insurance assessor market, it is difficult for our insurance assessors to guarantee absolute third-party neutrality at present.
Although in recent years, the number of domestic insurance assessment institutions has increased year by year, and the operating income of insurance assessment institutions has also been continuously improved, there are still some limitations in their market business development, and the operation of insurance assessment institutions has fallen into a passive state.
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First of all, domestic insurance companies have always had their own surveyors, assessors and adjusters, and some low-end insurance assessors rely more on their own claim departments.
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Followed by some high-end insurance assessment business, such as aerospace, nuclear power plants, oil exploration and so on. Because of its high subject value, high professional and technical requirements, high capital investment and operational risks, most of them are occupied by some foreign insurance assessment companies, and domestic insurance assessment institutions lack effective market competitiveness.
At present, insurance companies mainly entrust some claims with complicated procedures, involving many professional and technical fields and requiring a lot of time and energy to insurance assessment institutions to minimize their own cost investment.
Objectively speaking, the domestic insurance assessment business market is relatively narrow, and the business sources are mostly entrusted by insurance companies, which makes the survival and development of insurance assessment institutions more dependent on insurance companies. Under the background of such market operation, it is difficult for the cooperation between insurance assessment institutions and insurance companies to ensure the same dominant position, let alone the objectivity, neutrality and impartiality of assessment activities. Once the assessment report issued by the insurance assessment institution harms the interests of the insurance company in the insurance accident assessment, it is very likely to affect its follow-up business cooperation with the latter, thus affecting the survival and development of the insurance assessment institution. Therefore, it is difficult for insurance assessment institutions to maintain absolute third-party neutrality.
3. Strengthen the management of insurance claims and attach importance to the supervision of insurance assessment.
The role and status of domestic insurance adjusters are caused by many reasons. To change this market situation, we need the participation of many market participants. Especially at the moment when the market order of insurance assessment is out of balance, the awareness of the insured's active rights protection and the strict supervision of the regulatory authorities are of great significance for standardizing the market order of insurance assessment and reshaping the role and status of insurance assessment.
Actively safeguarding rights-paying attention to the management of insurance claims
Based on the current market situation of insurance assessment business, the insured should actively participate in and strengthen the management of insurance claims, set up a special claims team, and designate a special person to be responsible. Management contents should include: 1. Collection, review and inspection of accident data; 2. Research on insurance contract terms: 3. Communication, negotiation and negotiation of insurance claims (insurance companies or insurance assessment agencies); 4. Take judicial measures to file a lawsuit.
Supervision of public assessment-Strengthening supervision of insurance public assessment
At present, the laws and regulations of the domestic insurance assessor system need to be further improved, and the regulatory authorities also need to strengthen the standardized management punishment of insurance assessors' business operations, such as establishing a more clear and strict liability punishment system for insurance assessors, and clarifying the relevant illegal acts and serious legal consequences that insurance assessors should bear during their practice. Through strong supervision, standardize the market operation of insurance assessors and reshape the objective, neutral and fair third-party role of insurance assessors.
Due to the late start and imperfect development of China's insurance adjuster system, it is still unable to guarantee the absolute third-party neutrality. In the practice of insurance claims, the insured should strengthen active rights protection and attach importance to the management of insurance claims; The regulatory authorities should also strengthen market supervision, reshape the role of insurance adjusters and effectively play its important intermediary role.