통상손해로서의 대차료(렌트카 비용) 산정기준에 관한 자동차보험표준약관과 그 해석에 대한 개선방향 연구

Abstract

The reform is urgently required on the issue about cost of foreign rental car and presumptive cost of rental car in the Automobile Standard Clauses. The excessive payment of cost of rental car may cause moral hazard and soft insurance fraud. In addition, it is the main reason of deterioration of loss ratio of insurance company. The same displacement should be the estimated standard of cost rental car. Also the rental car should be the domestic car, even though damaged vehicle is foreign one. It is because the cost of rental car should be the minimum during the period of repair of damaged vehicle. The payment of fair of public transport based on actual expense should be the first choice, and car rental is next choice on the condition of proof for actual necessity of car rental. Korean Supreme Court interprets that the meaning of same sort of car is a car which is made by same automobile company and same model. However, this interpretation does not accord with the principle of indemnity in non life insurance contract. Under the situation where that there is no objective market price for cost of rental car, insurance companies have paid the full cost of rental car as an ordinary damages. This cost includes the business profits of rental car companies. It is clearly absurd. The owner of damaged car intentionally increases the size of damages by choosing expensive same sort of foreign vehicle. This increased part cannot be the part of ordinary damages. This increased cost has nothing to do with the proximate causal relations. Also, it is far from the concept of actual payment of indemnity. The system of presumptive cost of rental car should be abolished because this is inconsistent with the principle of indemnity.