Yes, if you go to court, the court needs to check whether the insurance application is signed and whether the exemption clause is valid. However, many insurance policies are not signed by the insured himself, so the exemption clause of the insurance company is invalid, as is the agreement to deduct out-of-pocket expenses. If the insurance policy is not signed, the insurance company's terms are invalid, then you can't deduct the out-of-pocket expenses.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.