"Motor vehicle traffic accident liability compulsory insurance Ordinance"

    Article twenty-second in any of the following circumstances, the insurance company compulsory insurance liability limit range pays rescue expenses in motor vehicle traffic accident responsibility, and shall 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.

   On the above understanding, controversial, all over the court case is different. "Regulations" to explain to rescue costs, loss of property, but not for death and disability compensation to explain.

    "Reply China Insurance Regulatory Commission on cross strong insurance related issues (CIRC office letter (2007) No. 77)"

    "Two, according to the" Regulations "and the" provision ", the insured motor vehicle in did not obtain a driver's driving qualifications, driving drunk, the insured motor vehicle stolen during the accident, the insured intentionally making traffic accident cases of traffic accidents, causing injuries to the victim to rescue, the insurer for compliance with the provisions of the rescue expenses in medical expenses, compensation within the limit of 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."

   Letter explained the other be liable for the loss, but this paper only department documents, limited effectiveness. So some court from the perspective of cross strong insurance legislation, there are insurance company decision in this case, especially the direct prosecution of insurance company.

    In February 1, 2008 the implementation of the new "compulsory motor vehicle traffic accident liability insurance clause"

   "Article ninth the insured motor vehicle in paragraph (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 health administrative department of the State Council in accordance with the organization of traffic accidents personnel injury clinical guidelines and 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.

     GB19522-2004 "vehicle drivers blood, breath alcohol content threshold and inspection standards"Regulations.The content of alcohol in the blood of the personnel vehicle (BAC) is greater than or equal to 80mg/100mL for drunk driving, greater than or equal to 20mg/100mL for drink driving.That is to say the BAC is lower than 20mg/100mL, the driver can legally drive. According to the calculation of ordinary people, normal people can drink a half liquor; wine can drink 2 to about two, the beer you can drink about 250Ml.. If you drink more than the above limit also continue to drive, is drunk driving. If you drink liquor more than 2 two, drink wine more than 8 two, more than 3 bottles of beer, is drunk driving.

   According to the analysis above, can come toDrunk driving has not reached the state of intoxication belongs to the cross strong insurance; drunken driving, the insurance company can recover the advance rescue costs, not for property costs, but for death and disability costs around, controversial, can suit processing.