A series of crashes, cross strong insurance to pay?
Created:
/Author:
Aaron Lewis
A series of crashes, cross strong insurance to pay?
The traffic accident compensation law --
The case:
In September 2, 2009, Lou drove the van with the same direction of Lee drink driving license without a grade three wheeled motorcycle rear end collision, no grade three wheeled motorcycle and relative direction she one driving a truck collided, Lou, Lee and three wheeled motorcycle occupant Wang, a member of Mao, injured, three vehicles damaged in varying degrees.Affirmation of Public Security Traffic Police Brigade made traffic accident, that the main responsibility of the accused Lou negative this accident, a secondary responsibility Li and she a common negative this accident.Lou all van and she a driving trucks are insured motor vehicle compulsory insurance.
Sentence.
The people's court found that Wang is the total cost of 78779 yuan, a total of 19081.5 yuan Hou fees, the total cost of 10940.5 yuan, Lou a determination of the loss of 854.2 yuan.The people's court that the defendant Lou, a driving motor vehicles, non motor vehicle driving brand Lee illegal manned, the defendant she a driving violate the loading provisions of the motor vehicle, the common tort injury, should be the responsibility of the proportion of their responsibility.Lou Yu and the driving van she one driving trucks are insurance companies by the compulsory motor vehicle insurance, liability accident occurred in the period of insurance, the insurance company shall bear the liability of compensation to third in the two car accident vehicle insurance the two cross strong insurance compensation limits, in part by the lack of Lou, she one, Lee by 70%, 15%, 15% of the percentage of the responsibility.
Analysis.
This case involves two copies of motor vehicle traffic accident Lou drove the van and she a driving van compulsory insurance.So, these two insurance contract should be how to apply?
Pileup of traffic accidents, the insurance company shall bear the liability of compensation for the third in a cross strong insurance limits, whether there is a direct collision between does not emphasize pileup accident vehicle.But in the case of traffic accident, the vehicle shall be liable for the accident, the injured person and property damage liability insurance in multiple copies of the insurance to pay strong limit."Specified in the first paragraph of article seventy-sixth of the people's Republic of China Road Traffic Safety Law": "motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance compensation limit"."Specified in the first paragraph of article twenty-first of motor vehicle traffic accident liability compulsory insurance regulations": "the insured motor vehicle road traffic accident, resulting in the car personnel, be the victim casualties, property loss insurance people outside, by insurance companies in accordance with the law in the motor vehicle traffic accident liability compulsory insurance liability limits the scope of compensation".The above two are not clearly defined strong insurance to pay just compensation directly impact the victim's personal and property losses.Should be understood in the same traffic accident, a motor vehicle crashes, even if there is no direct collision of the vehicle, the vehicle as long as the accident responsibility, third person of the motor vehicle insurance insurance companies and property losses shall be liable for compensation within the limit.Each insurance company to assume the in quota proportion, should be in accordance with the responsibility of the accident by the court to be discretionary.Specific to the case, the defendant Lou van and she a wagon, and not a direct collision, but a loss of Lou, she a truck cross strong insurance the insurance company shall bear the liability of compensation.