In recent years, traffic accidents have occurred. But after the accident, the victim in a claim often encounter problems, sometimes even through the court also can't get the money. A Suzhou company encountered such a problem, it's a vehicle after a traffic accident, according to the regulations shall pay the other $84000 repairs but can get. Don't damage the loss of vehicle to pay out of pocket? The company thought of the right of subrogation in property insurance, and then to his insurance company claim for the loss. It claims to have the support of the court?

    Case playback

    In March 17, 2004, Suzhou J company as the Su EXXX35 car all to T insurance Suzhou branch insured for 3 years "car insurance", categories include automobile damage insurance, third party liability insurance, the passenger injury insurance and non deductible special risks etc.. The second annual insurance period from March 18, 2005 to March 17, 2006. In April 8, 2005, Hangzhou license plate vehicle and Geng x driving J driver Xin drove the Suzhou license plate of the car crash occurred, causing damage to Suzhou, Xin and passengers injured more than 20 people. Identified by the traffic police department, the main responsibility Geng certain negative accident (70%); Xin Mou negative secondary responsibility (30%). Before the accident, T insurance Suzhou branch of the loss of Suzhou vehicle, to determine the repair fee is 120000 yuan. After that, the T insurance Suzhou branch will be one of the 30% or 36000 yuan compensation for the J company.

    In 2005 September, J filed a suit for damages damage to property of road traffic accidents to the Court Industrial Park, and Hangzhou license plate car requirements Geng a registered owner of a Hangzhou transportation company insurance vehicle 70% compensation repairing fee is 84000 yuan. Court in 2006 ruled in April: Geng XXX in the verdict within ten days after the payment of J repair costs 84000 yuan; a Hangzhou shipping companies are jointly and severally liable. However, since the verdict, although the court for enforcement, but J earned 84000 yuan is not a penny to get.

    In this case, the J company to T insurance Suzhou branch in accordance with relevant stipulations of subrogation, to compensate Geng X and a Hangzhou transportation company failed to compensate a part of the loss, T insurance Suzhou branch refused. In desperation, J sued to Canglang District Court, asked the T to perform the compensation insurance Suzhou branch.

    Subrogation is an important principle in property insurance. The right of subrogation, refers to the property insurance contract, the insurer in accordance with the stipulations of the contract of insurance, the total or partial loss of the subject-matter insured perform economic compensation, shall be made on the subject of insurance ownership and right of claim to the third. That is to say, after insurance accident happens, by third to the damage insurance mark responsible, when the insured to the insurer claims for compensation, the insurer shall first assume insurance responsibility, and then based on the "insurance law" provisions, obtain the right of subrogation, to claim compensation from the third person.

    The focus of controversy

    The focus of dispute is, will the loss of vehicle insurance (repairs), J company failed to get the responsible party compensation cases, have the right to request the T insurance Suzhou branch for the part of the loss, then the T insurance Suzhou branch to the third party to exercise the right of subrogation. J company thinks: according to the legal provisions and the provisions of the insurance contract, J company has the right to require the T insurance Suzhou branch to fulfill the subrogation of compensation. T insurance Suzhou branch is that: J, since in the litigation process selected the prosecution Geng Moumou and Hangzhou a transportation company, then, T insurance Suzhou branch should not be as a defendant, because the right to choose J company to the exercise of a legal, just enjoy the single at the request of a party the right, but not at the same time, enjoy the two claims. J in the company to a claim of third party, the court and made a decision, confirmed that the third party liability, although the court for compulsory execution is not in place. T insurance Suzhou branch asked: if in this case is to implement the right of subrogation so-called, achieved T insurance Suzhou branch has not the right of subrogation, the T insurance Suzhou branch has no practical significance?

    The judgment of the court

    Canglang District Court concluded that, occurrence of car damage insurance after the accident, the insured may claim for compensation to the insurer, also can be to the responsibility third party claim for compensation. When the insured to the insurer claims for compensation, the insurer shall first assume insurance responsibility, and then based on the regulation of insurance law, obtain the right of subrogation, to claim compensation from the third person. J company and T insurance Suzhou branch of insurance contract, T insurance Suzhou branch shall perform their obligations stipulated in the national insurance law and contract. Therefore, the court ruled that T insurance Suzhou branch of J company pays insurance compensation funds 84000 yuan in the ten days after the entry into force of the decision. After the verdict, T insurance Suzhou branch against the decision, in 2008 March 10 to the Suzhou City Intermediate People's Court of appeal.

    The Suzhou City Intermediate People's court after hearing that, said the insurance contract parties the true meaning of J company signed with T insurance Suzhou branch, the content does not violate the national laws and regulations, shall be deemed effective. J company is the loss of vehicle insurance has not been responsible party compensation, it has the right to compensation in accordance with the terms of insurance contract requires T insurance Suzhou branch. T insurance Suzhou branch that the J company can only choose a party to exercise the right to claim for compensation, this view of the lack of legal basis, the responsible party fails to perform the J company compensation request, does not preclude the exercise in J company loss within the scope of T insurance Suzhou branch claims. The court rejected the appeal, recently upheld the verdict.

Lawyers to view

Through the above case we can see that, when the accident occurred, we can choose insurance companies to compensation for loss of our vehicle. Then according to the right of subrogation, the insurance company may apply to the accident on the other side. This is also consistent with the spirit of the legislation of the insurance law, the insurance law also clearly defined. At the same time, from the theory is also established, which can really achieve the insurance property insurance.