The newspaper news (Zhao Yunchang) Shandong Linyi lent vehicle traffic accidents causing death, caused by the cross strong insurance expired, by the court for relatives of the deceased 110000 yuan.

The afternoon of January 19th this year, Liu Xuewen driving autoart car to run by Huang Guifeng barber's shop. After the haircut, Huang Guifeng proposed to borrow the Alto car back to his father's home. Because of very familiar with each other, Liu Xuewen lend Huang Guifeng use the car. 17 pm the same day, Huang Guifeng in the father's house drink half a catty of many drunk driving speed return, on his way to direct Liu knocked down after escaping. During the escape, Huang Guifeng collided with a van on the line. That night, Liu after rescue invalid death. After the traffic police department the responsibility of certificate issued by the traffic accident, finds Huang Guifeng drunk driving, accident, take full responsibility for the accident. In January 20th, Huang Guifeng was detained, arrested after.

In March 19th, Huang Guifeng was in Shandong province Linyi city Luozhuang District People's Procuratorate on suspicion of the crime of causing traffic casualties prosecution. In court, the relatives of the deceased criminal incidental civil action, request the owner Huang Guifeng, Liu Xuewen and bear the traffic accident compulsory insurance company jointly liable for compensation for death, funeral expenses, maintenance expenses incurred losses more than 36 yuan.

In the case of insurance company, court submitted owners Liu Xuewen as an insurance document, the Alto car in the insurance companies pay high insurance documents contain, the insurance period from January 17, 2008 to January 16, 2009 when only 24 zero. Accordingly, insurance companies think, the accident occurred in January 19, 2009 17 when Xu, and Liu Xuewen in the cross strong insurance after the expiration of the period of non renewal, the accident has been beyond the period of insurance compulsory insurance, the company shall not bear the liability of compensation. Owners that Liu Xuewen, Huang Guifeng borrowed the vehicles themselves, there is no fault of their own, should not assume liability to pay compensation.

In April 10th, the court of the traffic accident Huang Guifeng was sentenced to five years in prison. The relatives of the deceased for 36 yuan, by the owner Liu Xuewen compensation for relatives of the 110000 yuan, the remaining 25 yuan by Huang Guifeng compensation, the insurance company does not assume liability to pay compensation.

　Links

"The people's Republic of China Road Traffic Safety Law" seventy-sixth paragraph: motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation.

"The implementation of the law on road traffic safety in Shandong province" sixty-fifth measures: motor vehicle traffic accidents caused casualties, property loss, the insurance company in the traffic accident compulsory insurance liability limit range according to the injury and the actual loss compensation. Motor vehicle did not participate in the compulsory traffic accident liability insurance of traffic accidents caused casualties, property loss, the motor vehicle owner or manager in the equivalent of compulsory insurance liability limit range according to the injury and the actual loss compensation. After the implementation of the national road traffic accident social rescue fund system, in accordance with the relevant regulations of the state.

Source: Justice Network                         (Editor: Xi Tian Bao)

Lawyer commented, cross strong insurance as a national mandatory insurance, buy insurance is compulsory and can not shirk its responsibility, because the owners due to irresistible to others should bear the responsibility, the court applied the law correctly, is conducive to improving people's Insurance and legal consciousness