Payment and compensation. Accordingly, the Bohai insurance made twelve treatment to the case.

In August 18th, Bohai insurance comprehensive department manager Huang told reporters, the company on the basis of fully justified, so no compensation.

The court case: two different codefendant

The reasons for this, Mr. Chen to accept. Understand according to the reporter, encounter is not isolated case, Mr Chen, similar disputes have been staged, the focus of contradictions at the "driver's license expired".

All courts in the trial of similar cases, the original, the defendant argued focus also lies in this, but the court verdict but some opposite.

In May this year, Shangrao County People's court together road traffic of personal injury compensation case. In November 28, 2008, Wang driving a minivan and a motorcycle collided, motorcycle driver xiaomou seriously injured. Wang Mou claim to the insurance company, insurance company to Wang's driver's license expired 3 months for refusing to undertake the insurance liability.

Shangrao county court established according to "motor vehicle traffic accident liability compulsory insurance regulations" article twenty-first of the insurance company for insurance for the accident liability without fault, identified driver's license expired cannot become the reason of impunity of compulsory insurance, traffic accident occurred in the driver's license expired cases, insurance companies still have to bear the liability to pay compensation.

And this decision is different, last year, the Beijing first intermediate people's court made a final decision on the similar automobile insurance claims, insurance company claims rejected the request of the parties litigation request. Wang court lady driving a vehicle rollover, causing damage to the vehicle, Wang died on the spot. In 2006 March, the insurance company issued a notice to the court lady exclusions. Yuan she may, to the court. The court trial think, at the time of the accident, the driver surnamed Wang held a driver's license has expired, can not determine that the driver is a qualified driver in the accident. Therefore, the driver in the use of insurance in the process of vehicle traffic accident is not specified in the insurance contract insurance accident.

Dispute: whether there is a driving license license expired

Two similar cases, different judgments, caused the discussion of the legal profession.

In the cases of compensation for the road traffic of Shangrao County People's court accepted personal injury, the judge, expired driver's license does not mean that there is no made driving qualification, as long as the driver by the vehicle management department of the public security organ tissue driving license exam, are driving, as long as not being legally disqualified, has been the legal driving qualification. But Wang's driver's license annual inspection from the accident just over 3 months, under normal circumstances, Wang in a specified period of time to go through the driving license, the driver qualification will not be canceled.

Capitel Beijing city law firm Sun Yong lawyers also said: driver's license expired, not necessarily that did not obtain a driver's driving qualifications. According to the Ministry of public security "motor vehicle driver's license application and use regulations" provisions of article forty-second, only the motor vehicle driver's license has expired more than a year without changing the card, a motor vehicle driving license shall be revoked. Obviously, the insurance company to "the driver's license expired" refuse to give the insurance, there is no legal basis.

Jiangxi law firm Xiao Wenjun lawyers said the report, cross strong insurance regulations are prescribed only in the case of driving without a license, the occurrence of traffic accidents caused by third party property losses, the insurer is not liable for salvage charges, have the right to recover the victim, but no provision caused his personal injury losses, the insurer should be compensation.

And the different point of view, some of the legal profession that, "driver's license expired" also claims will bring negative demonstration effect.

The Beijing municipal vehicle and traffic law affairs committee director Zhang Jinpeng professional lawyer thinks, as the vehicle insured, must abide by the law on road traffic safety. The driver failed to obtain a driver's license, driving license expired, no driver's license to carry on the road, will violate the road traffic safety law. Illegal to drive on the road, the accident, the driver should bear the responsibility affirmation.

"From a legal point of view, if the insurance company in the driver's license expired, but also bear the responsibility, the original intention of legislation against" road traffic safety law "." Yan Sanzhong director of the legal department of Jiangxi Normal University said, if the offender through pay a small premium transfer economic liability for illegal behavior undertakes, it will encourage the offenders engaged in illegal behavior, contrary to the legislative intent and the "road traffic safety law", and is likely to make insurance becomes the offenders to escape liability tools.

Views: in the discipline and equity interest in seeking a balance between

How to resolve such disputes, probing into the law and legal practice topic.

Southwest University of Political Science and Law law professor Hu Yifan said, the driver's license expired, the insurance company in the compensation, the reason why there are so much controversy, one of the important reasons is that the interests of the game.

How to balance the interest? Hu Yifan said, two important functions of the law is the education and punishment. In the driver's license expired on the issue, to distinguish between the negligence or malicious. For those not malicious annual offenders, the law should be punished, deliberately instead if the owner did not illegal crime, but for some reason, but not in time to the inspection, should be given the opportunity to start with a clean slate. Therefore, the law can give expired driver's license holders a necessary transition period, during this transition period, the parties should bear what responsibility, the law should be clearly defined, rather than blindly identify the parties themselves traffic accident caused personal and property loss, as you will not lost the original intention of legislation to set risk and insurance.

Beijing Haidian court Yin Hua judges from another angle to remind: auto insurance contract generally format terms, is not insured by insurance companies and consultation prior to. To be fair, the laws and regulations of our country, terms of format provider shall remind the insured pay attention to avoid or limit their liability provisions, to enable the applicant to knowledge of the premise, whether or not to make a choice of format contract. In this clause prompt attention obligation, the insurance company shall bear the burden of proof. If the insurance company not proof, the terms shall be invalid.

In addition, the parties in the signed the insurance contract, the insured shall abide by the contract, do not illegal, not breach of contract. So, once the accident, in order to successfully get a claim.