Shanghai Law: legal consulting QQ2293828634Mobile phone: 13681960118

In August 27, 2007 19 when make, Zhou driving two wheel motorcycle in city driving, crashed into a field by the west east road and walk across the road, to Tian injury, damage to the vehicle. Identified by the traffic police department, Zhou driving without regular technical inspection, vehicle and parts are not in conformity with the technical standards, the night did not reduce speed, in violation of relevant regulations, negative accident responsibility. The injury to the medical fee of 3472.05 yuan.

Two wheel motorcycle accident, the defendant LiuMou all, the car without insurance compulsory insurance and three party liability insurance. The defendant Zhou system for personal affairs and borrow Liu's two wheel motorcycle.

The victim after Tian sued for hit and run drivers and owners of common Zhou Liu shall bear the responsibility for compensation.

[Trial.

Lianshui County People's court think: in the traffic accident, the defendant Zhou illegal driving accident, causing the damage, all the responsibility of the accident. But because of the week a driving system the defendant Liu, whose failure to perform the legal obligation of compulsory insurance of vehicles to borrow, Zhou in the accident caused by the loss of the plaintiff, by the insured obligations Liu in the limit of liability compulsory insurance is responsible for compensation, the losses beyond the limits of the part by the Zhou, as the negative accident responsibility for compensation. The loss of the plaintiff, a claim does not exceed the limit of indemnity insurance to pay strong, so should the defendant Liu is responsible for all the damages, the defendant is not liable for the weekend. Lianshui County People's court decision: the loss of the defendants, Liu on decision within fifteen days after the commencement of the plaintiff's Tian due to traffic accidents caused by 7132.05 yuan. Two, the defendant Zhou does not assume liability to pay compensation. After the verdict, the parties did not appeal.

[Comments]

In this case the Department with the infringement dispute case, according to the principles of tort liability, Zhou is the infringer, the driving vehicle traffic accidents, should bear the responsibility, because the vehicle is not for motor vehicle compulsory liability insurance, according to the "Regulations" traffic safety in Jiangsu Province, the provisions of article fifty-second, Zhou whether be negative total liability or responsibility, to the loss of some field due to traffic accidents caused by the responsibility for compulsory motor vehicle liability insurance limits, by excess liability proportion of responsibility, but because Zhou driving the car, Liu, Liu does not perform its legal obligation insurance for motor vehicle compulsory liability insurance, Liu in the motor vehicle compulsory liability the insurance limit bears no fault compensation principle to the victim, the vehicles to borrow some of the victim in the accident caused by the loss, by the insured obligations Liu in the compulsory motor vehicle liability insurance is responsible for the loss of the victim, the excess amount, by Zhou by their negative accident responsibility compensation. Properties of motor vehicle compulsory liability insurance system of motor vehicle compulsory insurance based on, all people should be the legal obligation of insurance compulsory insurance, conducive to the full protection of victims to get compensation, promote road traffic safety, this is also the "motor vehicle traffic accident liability compulsory insurance Ordinance" requirements and objectives, each vehicle all people have the insured motor vehicle compulsory a traffic accident liability insurance obligations, the obligor fails to perform the obligations, should bear the compulsory insurance within the limits of liability without fault in motor vehicle traffic accident liability. The case of Liu in the motor vehicle traffic accident liability compulsory insurance within the limits of liability.     

Shanghai Law: legal consulting QQ2293828634Mobile phone: 13681960118