Reprint: Learning The people's court cases reportedThursday January 19, 2012

    Before, I hosted a similar case, due to the insurance company according to the responsibility for compensation, so the walk is tort compensation, left turns and twists, did not get the full compensation, not learn not ah

Che Sunxian regardless of the cause of the accident and accident liability ratio

-- Hebei Cangzhou court ruling in Han Lei v. Pacific Insurance Company insurance claim

 The referee essence

 The vehicle damage insurance should not consider accident liability ratio of the cause of the accident and the insured shall assume, as long as the insured vehicle for insurance accident loss, the insurer should be in the amount of insurance within the scope to be the actual loss compensation insurer's car loss danger, format clauses and insurance company according to the proportion of liability accident insurance liability invalid.

 The case

 In September 25, 2010, Han Lei for all their Beijing No. L38719 Buick cars in the China Pacific Property Insurance Co Beijing branch Xicheng Branch (hereinafter referred to as the insurance company insured) motor vehicle insurance, the insurance amount to 175800 yuan, the insurance period is from September 28, 2010 to September 27, 2011. Insurance contract clause thirteenth: motor vehicle insurance accident insurance for damage, should be repaired as the principle, try to repair, repair of whether or not the traffic control department of the public security or other state organs approved for inspection or evaluation of loss, the insured shall insurance inspection, determine the project, and the cost of repair, otherwise, the insurer has the the right to re approved. Because insurant causes loss could not be determined, the insurer has the right to refuse compensation. Article fifteenth: unless otherwise agreed in the insurance contract, the insurer insurance based on the vehicle side in the accident responsibility proportion, bear corresponding responsibility for compensation; traffic control department of the public security accident treatment did not determine the relevant laws and regulations and the occurrence of accident liability ratio on the proportion of accident is not clearly defined, the insurer in accordance with the following liability insurance provisions: motor vehicle shall bear all the responsibility for the accident, the insurer according to 100% proportion of the liability insurance accident compensation; motor vehicle shall bear the main responsibility for the accident, the insurance people according to the 70% proportion of the liability of compensation for accident insurance; motor vehicle shall bear equal responsibility, the insurer according to 50% proportion of the liability of compensation for the accident; negative secondary liability insurance of motor vehicle insurance accident, according to the 30% proportion of the liability of compensation. The insured in the insurance insurance claim Han Lei Ming bar fell, the insured statement format terms, the main content as follows: I have received and read the terms of the insurance clauses, especially with black prominent annotation, exemption from liability of the insurer in terms of content. The insurance is the insurance provisions that clearly understand, agree and accept the proposal contained in the content.

 On December 23, 2010 at fourteen thirty am, Zhou Yanming driving without a license without a license for two wheel motorcycle in Hebei province Haixing County along the harbor line running from east to west to Xing Rong Street intersection turn left, collided with along the positive harbor line from west to Dong Han Peng driving Beijing L38719 car, resulting in order, Han Peng, Zhou Huaqian Ming, Han Lei injured the damage of the vehicle. In January 18, 2011, Haixing County Public Security Traffic Police Brigade made first traffic accident, finds that: Zhou Yan Ming driving without a license without a license for motor vehicle fails to yield, bear the main responsibility for the accident; Han Peng overspeed driving motor vehicles not to ensure traffic safety, secondary liability it is. Identified by loss of vehicle insurance was 68487 yuan, Han Lei paid identification fee of $1000, the scene of rescue costs 1350 yuan.

 After the accident, Han Lei requires insurance companies to pay the fee, the insurance company refused to. Haixing County of Hebei Province, Han Lei appealed to the people's court for judgment, the insurance company to pay all the expenses.

 Referee

 Haixing County People's court that: the two sides signed insurance contracts involving insurance exemption clause is partially invalid, the insurance company shall assume insurance responsibility, shall indemnify the insured vehicle fees, appraisal fees Han Lei loss, treatment costs. Haixing County People's Court: the China Pacific Property Insurance Co Beijing branch Xicheng Branch in ten days after the verdict in the Han Lei vehicle damage compensation costs 68487 yuan, identification of costs 1000 yuan, 1350 yuan fee.

 Insurance against the company, filed an appeal to the Cangzhou intermediate people's court, the main reason for appeal: 1 according to the two sides signed the contract of insurance, the appellee negative secondary responsibility in the traffic accident, the appellant shall stipulate the liability for compensation 30% according to insurance contract; 2 according to insurance contract by the appellant did not submit the accident vehicle Beijing L38719 car repair bill, the appellant should not be compensated, but the court of First Instance judgement insurance companies still bear the obligation of reparation, obviously inconsistent with the contract terms.

 Cangzhou intermediate people's Court of second instance think: insurance clauses "insurance motor vehicle shall not bear responsibility for the accident, the insurer shall not bear the liability of compensation,...... Negative secondary liability insurance of motor vehicle insurance accident, according to the 30% proportion of the liability of compensation",The agreement to the third party liability insurance content, rather than the righteousness of the vehicle damage insurance, the terms belong to relieve insurer of insurance liability, terms of format exclusive rights of the insured, such provision shall be deemed to be invalid;Although Han Lei did not submit the invoice, but the accident loss of vehicle insurance has actually occurred, the amount of loss have been identified. As for the insured whether Han Lei according to the damage identification results of repair, is to make the insurer to vehicle performance at the cost of replacement selection, than the original car performance of parts is more than the original car repair costs, replacement of the poor performance of parts is less maintenance fee. Whether the insured to choose how to repair, had no effect on the amount of compensation for the insurer, insurance claims per capita should be according to the actual loss.

 The Cangzhou intermediate people's court rejected the appeal, upheld the original verdict.

 Case number: (2011) the sea issued Spain in the early Republican word no. 513rd; (2011) the final word Cang people No. 3091st

 Case: Hebei Province, Cangzhou City Intermediate People's Court of Guo Shuxian

Source: People's Court on Thursday January 19, 2012