Generally, an insurance contract is not effective until it is signed by both parties and the policy is issued. However, Article 36 of the Contract Law stipulates that if a contract is concluded in written form as provided by laws or administrative regulations or agreed by the parties, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
Article 4 of the Interpretation (II) on Several Issues Concerning the Application of the Insurance Law stipulates that if the insurer accepts the insurance policy submitted by the policyholder and collects the insurance premium, but has not yet made an indication of intent whether to underwrite, and in the event of an insured accident, the insured or beneficiary requests the insurer to bear the liability for compensation or payment of insurance money in accordance with the insurance contract, and the conditions for underwriting are met, the people's court shall support it; If the insurer does not meet the underwriting conditions, the insurer shall not bear the insurance liability, but shall refund the insurance premiums already collected. If the insurer claims that it does not meet the conditions for underwriting, it shall bear the burden of proof.
Therefore, based on the principle of fairness and reciprocity of rights and obligations, if the insurance company fails to provide evidence to prove that the policyholder does not meet the underwriting conditions, it should make a claim.
In addition, the following issues need to be noted:
The cause of the accident and the scope of the insurance liability: For certain unforeseen circumstances, such as natural disasters or war, the insurance company may expressly exempt the liability in the contract. If the damage caused is not covered by the insurance, the insurance company should not be held liable either.
Whether the insurance company is negligent in its actions: After ensuring that the policyholder has fulfilled his obligations, if the insurance company has failed to issue the policy in a timely manner, or has violated the insurance contract in the way of handling the compensation, it should be liable for negligence. For example, if the insurance company believes that the policyholder is not eligible and fails to process the policy in a timely manner, or if the insurance company's staff mishandles the policyholder's request and causes the policyholder's loss, then the insurance company should be liable for the policyholder's loss.
To sum up, if an accident occurs without a policy, whether the insurance company should be held liable depends on several factors. If the insurance company fails to provide evidence that the policyholder is not eligible for coverage and the accident occurred within the scope of the insurance liability, then the insurance company should make a claim. In addition, if the insurance company has negligent behavior, resulting in the failure to issue the policy in a timely manner or the improper handling of the claim, it also needs to bear the corresponding responsibility.
Therefore, it is advisable to carefully read the terms of the insurance contract and relevant laws and regulations when purchasing insurance to ensure that you understand your rights and obligations. If you encounter a similar situation, consult a professional lawyer or legal professional in time to better protect your rights and interests. At the same time, it is also recommended that insurance companies strengthen internal management and risk control, improve service quality and service levels, and ensure that the rights and interests of customers are fully protected.