Zhou Jianping photo
Reporter Dong Xiaojun
correspondent Zheng Shanshan road over Tu Miao
accident ratio of specific responsibilities,
The amount of compensation – Why?
After a traffic accident, the proportion of the traffic police responsible for the accident Will be divided, and thIs Is then determined based on the amount of compensation. But in real life, but many times the proportion of liability determined in accordance with the ratio of the amount of compensation Is not entirely determined by one of the compensation even when all the other losses occur, the reason what exactly Is it? Recently, the personal and property compensation case together due to traffic accidents caused by the city of Ninghai court, to the problem of providing a credible answer.
52-year-old Wang called the driver, never had a traffic accident. Earlier thIs year, under the name of its vehicle insurance expired, but because of funding constraints at hand, and confident of their own driving skills, Wang decided to wait until year-end bonus hand again to insure their vehicles.
A few days before the Spring Festival, Wang drive from Ninghai Xiangshan to vIsit relatives, do not want to had an accident on the way, hIs Car collided with an electric Car, cyclIst injured Kwak . Not too serious accident, the traffic police department investigation found that Wang bear the main responsibility for the accident, Mr. Kwak negative secondary responsibility. Kwak back to health after treatment, requiring Pharaoh compensation for all the losses including medical expenses, lost income, and other electric Car repairs, but both sides have always less than the amount of compensation for consultations.
In June of thIs year, Mr. Kwak sued Ninghai court. Court trial, the verdict supported the petition Kwak, Wang needs to compensate the other nearly 4 million.
In thIs regard, Wang puzzled: although they bear the main responsibility for the accident, but not the full responsibility, Why the court decIsion on hIs compensation for all other losses, rather than by responsibility the ratio to determine the amount of compensation? With such a question, he came to the Ninghai court traffic court, “dIscussing.”
compulsory traffic accident liability insurance, which Is what we usually called “Traffic Insurance” Is the way the insurance company to the insured motor vehicle traffic accidents occurred causing the victim (not including the vehicle and the insured person people) personal injury, property damage, be compensated within the liability limit mandatory liability insurance. “Traffic Insurance” mandatory legal, its biggest role Is to protect the loss of the victim after the motor vehicle road traffic accidents.
According to the owner or manager “compulsory traffic accident liability insurance regulations”, driving on roads in the United States of motor vehicles, should be insured compulsory traffic accident liability insurance. Responsibility of the party “Traffic Insurance” compensation, compensation limit of 10,000 yuan medical expenses, death and dIsability compensation limit (including lost income, Care, dIsability compensation, transportation fees) of 11 million, compensation for loss of property limit of 2,000 yuan, a total of 122,000. “Interpretation on the trial of Traffic Accident Indemnity case law applicable to a number of Issues,” Supreme People’s Court, according to the law Is not insured to pay compulsory insurance of motor vehicle traffic accidents resulting in damage to the party requesting the insured obligation to make compensation within the scope of cross-strong insurance liability limit, people the court should be supported. Also noted Is compensation in the “Traffic Insurance” does not dIstinguIsh between the scope of responsibility of size, only beyond the range of pay high insurance losses only in proportion to the responsibility for compensation.
In thIs case, the victim Kwak loss in pay high insurance compensation range, if Pharaoh insured had to pay high insurance, the loss Is borne by the insurance company, but hIs vehicle Is not insured to pay high insurance according to regulations, he must be made by individuals within the scope of cross-strong insurance, compensation for all other losses. Kwak case losses totaling nearly 4 million, does not exceed the scope of compensation to pay high insurance, so the court Pharaoh Click to full compensation amount.
In addition, the vehicle owner, the manager Is not in accordance with the provIsions of the insured to pay high insurance, public security organs should be found to detain the vehicle, inform the vehicle owner, the manager in accordance with the provIsions of the insured, and to give economic sanctions.
Therefore, we once again remind the driver of the vehicle, driving on the road, do they take any chances, we must also prevent a variety of reasons, resulting in the case of insured vehicles off occurrence .
with the traffic police found that both the responsibility,
Why the insurance company exclusions?
vehicle owner Will buy commercial insurance for their vehicles to respond to accidents that may occur to reduce economic losses, but cases occur in real life tells us that even purchased a commercial insurance even in the case of an accident such as responsibility, and sometimes you may not be able to obtain insurance compensation.
Late one night last May, Cixi Ah Tong and while driving a Car without number plates, by the collIsion Jiangmou driving a motorcycle. After the accident, Ah Tong abandoned the vehicle and left the scene.
Since then, the local traffic police unit found, A pond and river on thIs bear equal responsibility for the accident. Because of thIs accident, injury, medical costs Jiangmou has spent 3.9 million yuan(CNY)(CNY), of which A pond advance of about 2.2 million vehicles insurance company in advance of 1 million pay high insurance range. In addition, judicial appraIsal, dIsability rating Jiangmou was ten, and in the rest of the late removal of a fixed rest period after their injury Is six months, for a period of 2 months of Care, nutrition for a period of 2.5 months, need sum of the follow-up treatment costs.
In April thIs year, Jiangmou sued Cixi court to require compensation for their losses Ah Tong, insurance companies make compensation within the scope of insurance liability.
The trial, the defendant Ah Tong said that after the accident he had been left the scene, because of physical dIscomfort to the hospital, but before leaving he hit the 120 emergency phone and contact a friend . The plaintiff did not Jiangmou driving without a license plate of the motorcycle, obvious fault, therefore, to deal with the accident bear the loss, while compensation Issues be dealt with loss of their vehicles.
The case of another defendant insurance company said, Ah Tong after the insured, the company delivered its commercial motor vehicle insurance policy, clearly suggesting a dIsclaimer. A pond because the presence of escape behavior in thIs incident, the parties entered into the insurance contract, the insurance company Is not liable for damages in the range of commercial insurance, nor consent be dealt Ah Tong Car damage compensation Issues in the case.
Court that, after the accident escape behavior Is national laws,Prohibitive regulations, and shall not escape also belong to the public should be aware of and comply with public order after the traffic accident. In thIs case, the defendant insurance companies in the insurance policy sent to another defendant Ah Tong explicitly asked the defendant must pay attention to the insurance provIsions of the exemption clauses, should be recognized for their exemption clause Is knowingly. Therefore, the insurance company refused to compensate advocated the establIshment of commercial insurance.
Accordingly, the court made a final ruling, the insurance company as to pay high insurance underwriter defendants Ah Tong vehicle, for the plaintiff’s loss caused in a road accident, payment of medical expenses within the insurance limits of liability to pay high 10,000 yuan (already paid), dIsability compensation 110,000 yuan. The rest of the loss of the plaintiff a total of 9 million yuan(CNY)(CNY), the plaintiff and the defendant Jiangmou A pond each bear 4.5 million yuan(CNY)(CNY), net A pond has been advanced by 2.2 million, the plaintiff need paid 2.3 million yuan(CNY)(CNY).
In addition to pay compulsory insurance, Car owners to buy vehicles commercial insurance, the purpose Is to reduce the accident may have caused Loss. But not to say that all of the loss accident Will unconditionally undertaken by commercial insurance. From a legal perspective, vehicle insurance business insurance Is a typical contractual relationship, the parties (the insured and insurance companies) must agree to the establIshment of the Will, the Will included the two sides recognized, does not violate the prohibition of legal norms. As soon as thIs particular clause Is written into the contract, the parties must comply, otherwIse, we should bear the corresponding legal responsibility for the insured, the situation did not buy insurance compensation may occur.
insurance contract Is a lot of special provIsions limiting, as specified driver of the insured vehicle must not drinking and driving, not to escape after traffic accidents, etc. OtherwIse, insurance companies the right to refuse compensation. These dIsclaimers may help the insurance company, but has a solid legal basIs, therefore, as a policyholder must be followed and observed, according to the law and consciously use the vehicle in accordance with regulations in order to protect their own interests are not lost.
According to the traffic police department, after traffic accidents, some of the parties Will be allowed to leave the scene of the accident for various reasons, under normal circumstances, thIs behavior Is likely to be identified as escape, its very serious consequences, increased responsibility for the accident, and even had no responsibility Will be identified as the responsibility, toIt brings its own set of troubles and losses are not able to claim on the insurance companies.