Vehicle traffic accidents, such as administrative departments not to transport vehicle rescue of various expenses made mandatory provisions, judging whether the necessary and reasonable expenses:, should be in accordance with a prudent uninsured all people in dangerous circumstances may take measures of this standard.

  The case

  In July 27, 2009, the Jiangsu Xuzhou joint Transportation Company Limited (triple) to sue CF3969 for all its semi-trailer towing vehicle and Su CH696 semi trailer in the Peoples Insurance Company of China Fengxian County branch (hereinafter referred to as the Fengxian County people's Insurance Company insurance) vehicle damage insurance, third party liability insurance, pilfer insurance, and insurance. Non deductible additional insurance, the insured the plaintiff. Two car insurance contract new car purchase price is 234500 yuan respectively, 90000 yuan, the amount of insurance of motor vehicle damage insurance according to the new car to purchase price. The vehicle damage insurance clause fifth of the agreement: "the occurrence of the insured event, the insured to prevent or reduce the payment of insurance of motor vehicles by the loss of the necessary, reasonable labor expenses, shall be borne by the insurance, the maximum amount not exceeding the insured amount." Article twenty-seventh (three) an agreement:"...... By the rescue of the property insurance contract does not cover, comprising the property, to be apportioned expenses: motor vehicle insurance and property value." In January 29, 2010, triple company pilot Shi Houyong driving the insured vehicle to Huai Salt Highway Su Huai direction 31KM, due to excessive fatigue traffic accident happened unilaterally, damage of Expressway property loss and vehicle. The accident by the Suqian Municipal Public Security Bureau Traffic Patrol Police Detachment of ningsuxu expressway as a brigade, division after permanent full responsibility. After the accident, Huaian Economic Development Zone for high speed lifting exchange center to the accident site for the rescue of insurance vehicle and vehicle cargo, Sanlian company paid 16000 yuan fee. The PICC Fengxian County think Sanlian company expenses. Expenses obviously too high, rescue fee shall be calculated according to relevant standards stipulated by the commodity price departments. Sanlian company was taken to court.

  Referee

  Jiangsu Fengxian County people's court think, the accident happened on the highway, driving ability to lose the vehicle damage, in order to avoid the vehicle and cargo loss to expand, Sanlian company in this case to choose a professional rescue unit for the rescue is the only choice. As for the rescue unit of Sanlian company charged 16000 yuan rescue fees are reasonable, with the rescue of the degree of difficulty, to take measures to rescue and salvage of property value of comprehensive identification. The accident vehicle loaded 1300 piece of wood board, must rescue vehicles to discharge the goods, and then to take other measures, rescue difficult, therefore, the rescue unit using human, vehicle mass. The face value of 30 yuan property and $16000 for salvage charges, Sanlian company choose the latter is not inappropriate, and the cost has actually occurred, did not exceed the sum insured, the PICC Fengxian County branch to rescue fees obviously too high, should be the standard of compensation for Sanlian company according to the provisions of the price department of defense can not be established, should not be support. The court: the defendant Fengxian County insurance to compensate the plaintiff Sanlian company after deducting the air rescue fees with rescue fees after the insurance company 12923.5 yuan.

  The people of Fengxian County and the verdict of the first trial, appeal.

  Jiangsu province Xuzhou City Intermediate People's Court: the rejection of the appeal, upheld the.

  Comment on

  Standard 1 rescue fees

  Treatment costs is by the insured to prevent or reduce the losses of the subject-matter insured necessary, reasonable fees, the fees shall be borne by the insurer, the objective is to encourage the insured actively rescue, thereby reducing the insurer and the insured losses. To judge whether the necessary and reasonable expenses:, usually only in accordance with a prudent uninsured all people in dangerous circumstances may take measures of this standard. In this case, the accident on the expressway, and the car carrying value more than 30 yuan of goods, Sanlian company or the driver and I have no ability to save. In order to avoid losses, rescue professional rescue unit selection Sanlian company, is the only choice in this case. In the face of the goods and rescue unit more than 30 yuan of the 16000 yuan cost of salvage, regardless of whether the Sanlian company, the cost is not too high.

  Compensation costs of conflict and rescue unit provides 2 compensation standard price sector requirements how to identify

  The PICC Fengxian County branch did not agree to compensate for treatment costs, the main reason is the treatment costs significantly higher than the price department recognized standards. The PICC Fengxian County branch said the price sector rescue fees, the traffic department of Jiangsu Province Price Bureau, Department of finance, Su price service (2009) No. 115 "Jiangsu province highway clear charges" troubleshooting services in the clear avoidance provisions. From this rule can be seen, the administrative department for specification for highway clear troubleshooting services, the security service providers and the service of the legitimate rights and interests, to produce on a highway clear avoidance behavior are clearly defined. But the file is only the wrecker vehicle (truck, crane, flatbed) for the 25 kinds of fault models in the rescue process produces clear avoidance cost were provided, for vehicle repair, storage of goods, transport and other labor service fee, is not provided, on these charges, shall be in accordance with the industry standard or the actual local level, resolved through consultation by both parties. Fengxian County people's insurance company claims the price sector labor charges, it is only formed in accordance with the above file standard vehicle cleaning troubleshooting costs, does not include manual handling and lifting the goods, re packaging and other labor service charge. Therefore, the expenditure of 16000 yuan of triple company rescue fees, not too high, should be identified.

  In this case, (2011): Feng's early word number 158th, (2012) Xu's final words 243rd

  Case: Jiangsu people's court in Fengxian County province Cao Jie Li Tao