[case]

 July 2, 2009 12 am, Li Yonglin driving min E80499 van from Zhejiang to Quanzhou, via Shenhai line (min) A Road, vehicle collision guardrail, cause the passengers in the car seat left by Liu Guangyou from behind the car wheel rolling injury. Accident identified by the traffic police department, responsible for Li Yonglin. The min E80499 truck has to Yongcheng property insurance Limited by Share Ltd Zhangzhou branch (hereinafter referred to as Yong Cheng Bao Zhangzhou branch) for compulsory insurance and third party liability insurance, the insurance amount is 500000 yuan, insurance for a period of hours of June 24, 2009 to June 23, 2010 when only 24. Accordingly, Liu Guangyou request the court to order Yong Cheng Bao Zhangzhou branch in the compulsory insurance and third party liability insurance limit compensation for the loss of 126430.78 yuan.

 [different]

 In this case the focus of controversy both sides: the victim Liu Guangyou as the insurance vehicle min E80499 truck the passengers in the car, the vehicle collision guardrail, induced from the seat was thrown on the ground, is the car wheels were injured, in this case, Liu Guangyou belongs to the motor vehicle compulsory insurance and commercial third party liability insurance "third" or "staff car"? A kind of opinion thinks, the plaintiff Liu Guangyou should belong to "the personnel on the car", according to another view, the plaintiff Liu Guangyou should be "third".

 [comments]

 The motor vehicle insurance contract in "the personnel on the car" and "third" are temporary identity under certain time-space conditions, both can change due to the specific conditions of time and space and transformation. I agree with the second opinion, and according to the relevant laws and regulations on insurance two party in judicial practice definition are analyzed as follows:

 1 third party liability insurance in the definition of the scope of "third party"

 The third party liability insurance refers to the insurer or allow drivers accident insurance vehicle in use process, causes the third suffers from a personal injury or property damage directly, in accordance with the law shall be insured by economic responsibility, the insurance company responsible for compensation. According to the Chinese CIRC provisions interpretation of motor vehicle insurance clause and insurance industry practices and insurance theory, the motor vehicle third party liability insurance in the "third" refers to the addition of the insurer, the insurer and the insurance is outside the vehicle on the staff, because of accident insurance vehicle suffered personal, property damage to the third person. Third party liability insurance is the insurance passenger car vehicle does not belong to the insured car "in third". From the legislative intent of the third liability insurance, mainly to protect the personnel on the car, in addition to the insured person outside of the victim's interests. Due to the driver through the car personnel liability insurance and accident insurance to protect their own interests, regardless of the driver or the inside and outside the car, do not belong to the third.

 Definition 2 motor vehicle "the personnel on the car"

 What is the personnel on the car? China Insurance Industry Association "commercial insurance industry vehicle basic terms (A)" "motor vehicle officers liability insurance clause" third stipulates: "the contract of insurance of persons in the vehicle is refers to the natural person insurance on motor vehicle insurance accident happens." "The basic terms of commercial insurance industry of motor vehicle (B)" to "the personnel on the car" is interpreted as "refers to the accident moment, in the insurance vehicle within the staff, including staff are on and off." "The basic terms of commercial insurance industry of motor vehicle (C)" "motor vehicle officers liability insurance clause" fourth stipulates: "the contract of insurance of persons in the vehicle is refers to the accident of the moment, in accordance with the relevant state laws and regulations allow passengers insurance motor vehicle body or body of persons, including are getting on and off the staff." Accordingly, can judge for insurance car accident victims belong to "the personnel on the car", must be based on the people in the accident happened at this particular time is in the vehicle above as the basis, in the car is "the personnel on the car", under the car is "under the car". While the transformation due to "change the personnel on the car" and "third" identity because of certain historical conditions, traffic accident, it is important to determine the time. The author thinks, the traffic accident victims, should be hurt when started, and not from the risk of the time.

 In this case, min E80499 truck collision guardrail is in danger of causing traffic accidents, the accident of time node, should be the "vehicle rolling when the victim Liu Guangyou". But this time, the node at this time, the victim Liu Guangyou has dumped from the seat fell to the ground, the changed relationship with the properties of the car, the car body is under the wheels were injured, identity has been transformed into compulsory insurance and commercial third party liability insurance third, should be third liability insurance claims. (reprinted from the people's Court Daily)