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双方当事人签订的《机动车损失保险条款》第七条明确规定,驾驶人故意破坏现场、伪造现场、毁灭证据的,保险人不负有赔偿责任。本案中,陈某驾驶涉案车辆发生事故后,故意调换驾驶人,在某某保险公司明确要求陈某到现场处理时其仍拒绝到事发现场,致使某某保险公司无法查清事发时驾驶人是否存在酒驾等不予赔偿的情形,对此,应由陈某承担不利的法律后果。本案具体情况符合《机动车损失保险条款》第七条规定的保险人不承担赔偿责任的情形。
Article VII of the “Motor Vehicles Loss Insurance Clause” signed by both parties clearly stipulates that the insurer shall not be liable for compensation if the driver deliberately damages the scene, falsifies the scene and destroys the evidence. In this case, Chen car accidentally involved in the accident, the intentional exchange of drivers, in an insurance company specifically requested Chen to the scene when it still refused to the scene, resulting in an insurance company can not find out the incident at driving Whether there is a person such as drunk driving does not compensate for the situation, which should be borne by the adverse legal consequences. In the present case, the insurer, who meets the requirements of Article 7 of the “Motor Vehicle Loss Insurance Clause”, does not assume the liability for compensation.