Drunk driving accident not the insurance company of the liability to pay compensation disclaimer reason

 

   The road traffic safety law of China "" (hereinafter referred to as the "traffic law") and "motor vehicle traffic accident liability compulsory insurance regulations" (hereinafter referred to as "Regulations") formally established the implementation of motor vehicle traffic accident liability compulsory insurance in China (hereinafter referred to as the compulsory insurance) system, but in real life, the driver of the motor vehicle drunk driving accidents caused third personal injury, insurance company often according to the "Regulations" of twenty-second and "the compulsory motor vehicle traffic accident liability of warranty" (hereinafter referred to as the "provisions") the provisions of ninth refused to victims of the third party liability. The author thinks, motor vehicle driver drunk driving accident casualties caused by the insurance company according to law, mandatory motor vehicle traffic accident liability insurance in the liability limit of victims of third people bear the liability for compensation, and the reasons are as follows:

 

   A, cross strong insurance purpose is to protect the motor vehicle road traffic accident injured third people to get compensation

 

   "The first regulations" stipulates: "in order to protect the motor vehicle road traffic accident victims to receive compensation, promote road traffic safety, according to" the people's Republic of ChinaRoad Traffic Safety Law"," the people's Republic of China Insurance Law ", the enactment of this ordinance." Compulsory insurance system is based on national public policy needs, in order to safeguard the interests of the public and the establishment of the original intention of legislation, it is vulnerable groups protection of non motor vehicles, pedestrians and other traffic in the road traffic accident victims, third people access to basic security, to the social justice. Compulsory insurance of social security and welfare, its value orientation is will be from the motor vehicle traffic accident liability of individuals to expand to the social insurance system, the social public to share this part of the loss, this can let the injured third people to obtain timely and effective compensation, but also can avoid the motor vehicle accident individuals because of too much to bear the liability for compensation in production and life in trouble, so as to safeguard social fairness and stability. Therefore, in addition to the exemptions stipulated in laws and administrative regulations, insurance companies can not arbitrarily expand its disclaimer reason. It would violate the compulsory insurance "insurance of motor vehicle traffic accident victims to get compensation according to the tenet of".

 

   Two, the current legislation does not provide for drunk driving accident is the reason of impunity in the insurance company.

 

  (a), "traffic law" and "Regulations" to determine the insurance company liability without fault principle.

 

  "Traffic law" provisions of article seventy-sixth:

 "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; lack of parts, shall bear the liability for compensation in accordance with the following provisions:
(a) the traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility.
(two) motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, appropriate to reduce liability light motor vehicle party according to the degree of fault; the motor vehicle shall not fault, shall bear the liability for compensation of not more than ten percent.

The losses of the traffic accident is a non motor vehicle drivers, pedestrians deliberately collision caused by motor vehicles, the motor vehicle shall not bear the liability of compensation."

With the "traffic law" matching "Regulations" provisions of article twenty-first:

 "The insured motor vehicle road traffic accident caused by the victim, the personnel casualty, loss of property insurance of people outside, by insurance companies in accordance with the law in the vehicleThe compulsory traffic accident liability insuranceTo limit the liability within the scope of.

The road traffic accident damage was deliberately caused by the victim, the insurance company shall not compensate."

  The above provisions established the basic principle of insurance company liability without fault in the road traffic accident damage compensate case in, as long as the occurrence of traffic accidents, unless the accident was deliberately caused by the victims of third people, the insurance company should first in insurance liability limit range of the third victim compensation, regardless of traffic accident parties how the fault and the fault degree, which embodies the fundamental purpose of compulsory insurance to protect the victims of third people and the public.

 (two), the "Regulations" article twenty-second is not the insurance company to suffer third casualties of liability exemption clauses.

   "Regulations" provisions of article twenty-second:

    "In any of the following circumstances, the insurance companies in motor vehicleThe compulsory traffic accident liability insuranceThe extent of the limitation of liability pays rescue expenses, and have the right to recover the injurer:

(a) did not obtain a driver's driving qualifications or drunk;

(two) the insured motor vehicle theft and robbery of the period;

(three) the insured deliberately causes a traffic accident.

   One of the circumstances listed in the preceding paragraph, the occurrence of road traffic accidents, causing loss to the property of the victim, the insurance company does not assume liability to pay compensation."

   From the foregoing, the content can be outlined as follows:

    1, the insurance company has paid rescue expenses to the third party victim in traffic accident duty, at the same time, the insurance company in advance to save costs, to recover the injurer;

   2, because the traffic accident to the victims of the third party property losses, the insurance company does not assume liability to pay compensation;

   3, for traffic accident rescue costs and property loss, the "Regulations" does not require the insurance company can be exempted from liability.

  "Regulations" article twenty-second of the legislative intent is due to road traffic accidents are often unexpected, in order to ensure that the third party victim in traffic accident can get timely and effective treatment, the provisions for did not obtain a driver's driving qualifications or drunk, the insured motor vehicle road traffic accident robbed stolen during the period and the insured intentionally causes a traffic accident as victims of personal injury caused by third, by the insurance company in insurance liability limit the range of the third victim rescue costs bear the responsibility to advance, at the same time in order to drive the drunken driver warning and punishment, "Regulations" provisions of the insurance company has the right to pays rescue expenses to the injurer recovery. "Regulations" article twenty-third of the limits of liability insurance is divided into death and disability compensation limit of indemnity limit, medical expenses limit, property damage compensation limit and the insured has no liability in road traffic accidents, "twenty-second rules" rescue costs which belongs to the medical expenses, the insurance company paid in compensation the medical expenses within the scope of the injurer after recovery, but for the benefit of the third casualties, "Regulations" does not require the insurance company can exemption, and the "Regulations" article twenty-first only provides only in "the road traffic accident damage was deliberately caused by the victim" case, the insurance company would not compensation. If the "Regulations" article twenty-second for the understanding of the insurance company can be due to the driver drunk driving accident and exemption, then, is there such a contradiction in logic: the vehicles in general fault or no fault case traffic accidents causing casualties, victims of third people can be based on the regulations of law and direct insurance compensation, and in the presence of drunk driving motor vehicles in the serious fault conditions cause damage, the victim of third people but can not receive compensation from insurance companies, rights and interests can not be guaranteed, this is clearly contrary to the fundamental purpose of compulsory insurance, also violated the fairness and justice of the society, the National People's Congress and the State Council in make "traffic law" and "Regulations" not this meaning.

    Regardless of whether the driver of the motor vehicle driving drunk, has no responsibility injured third people, also cannot prevent this kind of accident, for which, this accident is haphazard and unpredictable. "Regulations" provisions of article third: "motor vehicles referred to in these RegulationsThe compulsory traffic accident liability insurance, refers to the insurance company to the insured motor vehicle road traffic accidents caused by the vehicle, be casualties, property loss insurance victims except the people, be compulsory liability insurance compensation within the limit of liability." Can be seen from the above provisions, cross strong insurance liability insurance, the insurance is the subject of liability shall be borne by the insured to third party caused by the insured motor vehicle traffic accident loss, that is to say, cross strong insurance is car, as long as the insured vehicle by driving people driving the car accident caused third loss, the insurance company shall be liable for compensation, regardless of the legal person is drunk driving. So, from the current legislation, drunk driving is not the reason of impunity in the insurance company.

   Three, the insurance company not according to "provision" the provisions of article ninth exempted from the liability for compensation.

  (a) the terms "," ninth of "Regulations" exemptions for the extension of the provisions, in conflict with the "regulations".

  The terms "first explicitly":

  "According to" the people's Republic of China Road Traffic Safety Law of the people's Republic of China "," insurance law "," motor vehicle traffic accident liability compulsory insurance regulations "and other laws and administrative regulations, the enactment of this provision."

   In accordance with the above provisions, "provisions" formulation is based on the "traffic law", "insurance law" and "Regulations", "traffic law" and "insurance law" the NPC Standing Committee enacted the law, "Regulations" is the administrative regulations formulated by the State Council, and the "provision" is China insurance industry associations to develop and from the compulsory insurance provisions approved Chinese Insurance Regulatory Commission, can be viewed as a departmental rules, China's "legislative law" seventy-ninth stipulates: "the legal effect of higher administrative regulations, local regulations, rules and regulations. The effect of administrative regulations is higher than that of local regulations, rules and regulations." According to the above provisions, the legal effect, "traffic law", "insurance law" and "Regulations" level was significantly higher than that of "terms", therefore, "terms" can only make in the "Regulations" within the framework of the specific and detailed provisions, but not beyond the "Regulations" framework for the provisions of unauthorized expansion. "Second the twenty-first Ordinance" clearly stipulates: "the road traffic accident damage was deliberately caused by the victim, the insurance company shall not compensate", "Regulations" article twenty-second is only provided in did not obtain a driver's driving qualifications or drinking four insurance companies under the third party property damage be exempt. While the "terms" provisions of article ninth:

   "The insured motor vehicle in the (a) to (four) the traffic accident one case, cause the victim to rescue the injured, the insurer after receiving written notice and medical institutions the traffic administrative department of the public security organs issued by the rescue expenses list, verify the administrative department of health under the State Council formulated by the traffic accident staff clinical guidelines for the diagnosis and treatment of trauma and the national basic medical insurance standard. In line with the provisions of the rescue costs, insurance in medical expenses limit of indemnity in advance. The insured has no liability in traffic accidents, the insurance people to advance in the non responsibility for medical expenses limit. For other losses and costs, the company shall not be liable for payment and compensation

   (a) did not obtain a driver's driving qualifications;

   (two) the driver drunk;

   (three) the insured motor vehicle theft and robbery of the period;

   (four) the insured deliberately causes a traffic accident.

    To pay the rescue expenses, the insurer has the right to recover the injurer."

    From the above provisions, "provisions" Ninth apparently has gone beyond the "Regulations" framework, expand the scope of exemption of responsibility insurance company, the protection of the legitimate rights and interests of victims in traffic accidents and third people, if drunk driving by the insured person is unable to assume the liability of compensation, the victim's legitimate rights and interests can not be timely protection effectively, this is clearly contrary to the legislative purpose of compulsory insurance, so the clear and as the law of "Regulations" conflict, the insurance company not according to "provision" the provisions of article ninth from their liability.

 

   (two), the insurance company is not exempt from the "provision" Ninth liability provisions as to clear indication and the righteousness, and shall have no legal effect.

  "Contract law" provisions of article thirty-ninth:

 "The use of terms of format contract, the party that provides the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and to take reasonable way to draw attention from the other party or limit their liability provisions, in accordance with the requirements of the other, on the terms to explain.

Standard terms are prepared in advance by a party for repeated use, and not negotiated with the other party in the conclusion of the contract terms."

  "Insurance law" provisions of article eighteenth:

  "Insurance contract provides for the exemption of liabilities for the insurer, the insurer shall specify in conclude when insurance contract, is not clear, the clause shall not be binding."

   According to "the contract law" and "insurance law", "clause" as an important part of insurance contract, is provided by the insurance company unilaterally, insurance company claims according to the "provision" the provisions of article ninth of the liability exemption, it should be before the insurance contract to the insurance point. From the "provision" structure, the tenth special provisions of the "exemption" clause, "exclusion" eye-catching title suggests that the insured and pay attention to the careful reading, this article four disclaimer situation of insurance companies "caused by the victim intentionally the losses of the traffic accident; the insured all of the property and the insured motor vehicle property loss; the insured motor vehicle traffic accidents, resulting in the victim closure, suspended, power, water, gas stop, stop, communication or network outages, data loss, voltage change caused by the loss of property and the victim since the market price changes due to the depreciation, repair after the value of the loss and other indirect loss caused by traffic accidents; the arbitration or litigation expenses and other related expenses", but "clause" and not "drunk driving accident" into them, but it will be on the provisions of article ninth, and this title is "pay and compensation", compared with the tenth "exemption" clause, the insured on the reading "clause" content will pay more attention to the provisions of section tenth, and not Will be focusing too much on the provisions of ninth, and ninth "for other losses and costs, the provisions of the insurance shall not be liable for payment and compensation" without any obvious feature to prompt the insured to pay attention. So, according to the "contract law" thirty-ninth and "insurance law" in article eighteenth, the provisions have no legal effect.

   Based on the above analysis we can see, cross strong insurance as a compulsory insurance to maintain the non motor vehicle, pedestrian traffic activity in vulnerable groups, has the public welfare, insurance companies assume the liability without fault, must the disclaimer reason with laws and administrative regulations clearly define, insurance companies can not arbitrarily expand its exemption causes for motor vehicle drivers, drunken driving caused casualties, the insurance company shall bear the corresponding compensation liability in insurance liability limit.