Abstract: This article comprehensively analyzes the issue of excess automobile insurance's return premium which is ruled by the new insurance law of the PRC.It mentions the excess automobile insurance's return premium and its scope, therefore, the time difference between the underwrite and the occurrence of insured events, the deckning of the value of normal vehicle, and the little attention paid by the insurance company are the key reasons.Further, it discusses those automobile insurances, defines there are two kinds of automobile insurance which are related to excess insurance's return premium.It clears out the misunderstandings with excess automobile insurance's return premium and declares automobile insurance belongs to unvalued insurance.At the same time, it studies the difficulties which insurance companies meet when they are trying to deal with the settlement of claims which are induced by partial loss of insured vehicle.At the last part of this paper, the author analyzes some kinds of situation when the insurance applicant raises return premium and gives the way to resolve excess insurance's return premium after discussing some key premises.