This paper/Wang Xingfu lawyer  

   Not insured to pay strong owners bear much responsibility? Driving without a license in case of traffic accident, insurance company is exempt? The victim is in the proceedings of commercial insurance companies listed as co defendants? The transfer of the vehicle can not transfer, the owners all negative what responsibility? The infringee demands repair during the rental fee is legal? And so on, the Supreme Court in the judicial interpretation of the new made detailed provisions. 

  In recent years, private cars into the homes of ordinary people, to bring live traffic convenience, but also caused a traffic accident surge in the number of cases. According to the Supreme People's court2012The relevant statistics years, traffic accidents become the court accepts the livelihood of the people in such cases is one of the fastest growing categories. All the time, because the legislative for many problems in practice is not explicitly stipulated, the judiciary has accumulated many problems in dealing with the traffic accident compensation cases, the court to deal with different standards, has been on the protection of the rights and interests of the victim, and distinguish between owners, drivers, property insurance companies and other parties to the legal liability caused by difficulties.

Therefore, the Supreme Court2012Years11Month27Sunrise station"On hearing the law applicable to a number of road traffic accident damage compensation cases of interpretation of law (" release2012)19No.On the controversial issue, made clear, strengthen the protection of the traffic accident victims rights, aggravate the legal liability of motor vehicle party. The judicial interpretation has been in2012Years12Month21Began implementation. In the road accident prone, the amount of compensation for the hundreds of thousands or even hundreds of thousands of millions of. As the vehicle owners and drivers are road traffic accidents, stakeholders, this can not understand.

The owners do not pay the insurance to pay strong? It directly in the insurance to pay strong limit liability! Whether the accident fault!

According to China CIRC statistics,2011Years, motor vehicle insurance rate for50.6%, auto insurance rate81.1%. From the above data, the vehicle but there is still a considerable proportion of the uninsured. However, compulsory insurance for traffic accident is infringed protection, a good way is also the vehicle owners and drivers of risk transfer.

A new interpretation of rule nineteenth: not to buy compulsory insurance of motor vehicle traffic accident damage, the parties request the insured obligations of compensation in insurance liability limit, the people's court shall support. The insured obligations and the infringer is not the same person, the request of the parties to insurance obligation and tort liability in insurance liability limit, the people's court shall support.

According to the provisions,If your car without insurance, so once the traffic accident, do not distinguish between the cause of the accident exactly who is at fault, the owner (i.e. the insurance obligor) must be in the limits of full compensation to the victim. Now the public traffic law-abiding consciousness not strong, touch the last do not care about their own lights, heMay take their lives on others, it is his problem, because you have no cross strong insurance (of course this is wrong) to pay for his fault!

Also, if your car is not compulsory insurance, unless you never lend my car to someone else, or someone else drove out of the accident, you have to because there is no cross strong insurance to the victim compensation! Give the car to others, whether the drive has no fault, a sponsor you become, at any time may have to demand compensation was caused to your medical expenses! But full may exceed10Million yuan! 

Owners transfer vehicle can not transfer, or a co defendant

A new interpretation of the provisions of article fourth, was repeatedly transfer but not for the transfer of registration of motor vehicles in traffic accident damages, which belongs to the motor vehicle party responsibility,Where a party concerned requests by the last transfer and delivery of the assignee shall assume the liability of compensation, the people's court shall support.

Many people graph save trouble, in motor vehicle sales in hand to leave the car even complete, not to transfer, or because of improper arrangement and time delay transfer, do not think what problem. However, the seller does not transfer price, that may be down the traffic accident, by the court to the dock.

The victim can be charged directly to the commercial insurance third insurance company as a co defendant

    From a legal perspective, commercial insurance third insurance companies do not directly on the infringement responsibility, because of the relatively limited in the insurance contract, the insured person has the right to request only commercial insurance company liability. So the infringee prosecution, although the cross strong insurance company directly into the co defendant, the within the prescribed limits of compensation will be paid directly to the victim, but not the commercial insurance companies listed as co defendant, nor its own direct compensation to commercial insurance indemnity.

But, according to this approach, although meets the requirements of the law, but will exacerbate the infringement litigation burden, but also an increase of the insured and the insurance business insurance company efficiency, make the victim get commercial insurance indemnity link increase.

New judicial interpretation to break this limitation. Twenty-fifth the provisions of the second paragraph of : the people's court for damages hearing cases of road traffic accidents, the request of the parties to the three party insurance underwriting commercial insurance company as a co defendant, the people's court shall.

In this way, the infringee may in a litigation, including commercial third party insurance, the insurance company direct compensation issues resolved, improve the efficiency of the litigation, to obtain all kinds of compensation quickly. 

Infringement claim for compensation for loss can range from rental fee or operating losses

A new interpretation of rule fifteenth: due to road traffic accidents caused by the loss of property, the parties request the infringer to compensation, the people's court shall support: (a load) repair damaged vehicle expenses, vehicle goods loss, vehicle rescue costs; (two or not) due to loss of repair for the purchase of vehicles, traffic when the accident happened and damaged vehicle equivalent vehicle replacement costs; (three according to the law, engaged in cargo transport, passenger transport business) activities,Due to reasonable outage losses cannot be engaged in relevant business activities generated; (four) non operating vehicles are unable to continue to use, usually alternate transportation reasonable costs incurred.

In accordance with the above provisions, the infringee operating vehicle outage losses, private car repair during the rental fee may request the infringer to guarantee the right of the infringer, the more fully.

Impaired vehicle depreciation loss is not explicitly included in the scope of compensation

About being the infringer in traffic accident of motor vehicle depreciation loss could get compensation? The court is not a. Some courts have explicitly support vehicle depreciation loss under certain conditions, such as vehicle purchase soon was damaged, the vehicle for sale again value decreased significantly. Some courts generally do not support such a claim. Now the new judicial interpretation are not uniform provisions. Therefore, I think, this problem has not been a consensus, may still be different treatment over a certain period of time, still can not make a unified regulation.

Driving without a license case, cross strong insurance company can not reject

A lot of people think, the motor vehicle driving license infringement accident, because drivers do not have a driving license, insurance company can be quoted as a disclaimer reason without compensation. But the judicial interpretation denies. Explain the eighteenth rules: one of the following circumstances lead to third party personal injury, the request of the parties to insurance compensation in insurance liability limit, the people's court shall support: (a) did not obtain a driver's driving or not to obtain the corresponding driving qualification qualification; (two) the drunk, taking state control of psychotropic drugs or narcotic drugs after driving motor vehicle traffic accidents; (three) the driver deliberately causes a traffic accident.

Cross strong insurance is aimed at specific vehicle rather than the driver, the main purpose of compulsory insurance system maintenance is infringement of human rights, rather than the driver. Even if the driver driving without a license, not affected by the infringer to insurance company claim.

In addition to the above situation, new interpretation of road management responsibility in traffic accidents, the responsibility of project management, test ride in a motor vehicle accident liability, clone car accident related responsibilities, the responsibility of the accident appeared in driving training, legal liability and the motor vehicle defects associated with traffic accident motor vehicle producers sellers, have made very clear.

Special note: This article only as a general risk disclosure, not as a specific case processing standards or commitment. If there is a specific legal affairs, please according to the specific situation of the case to hire professional lawyers.