For instructions on how to understand and apply the "motor vehicle traffic accident liability compulsory insurance regulations" article twenty-second

[2008] Wan min Shen Zi No. 440th

The Supreme People'sCourt:

   The school to apply for retrial of Dong Jialing and the respondentChinaPing An Property Insurance Limited by Share Ltd Fuyang branch of property insuranceThe contractDispute case, the understanding and application of "motor vehicle traffic accident liability compulsory insurance regulations" article twenty-second of divergence. The following report on the situation:

   One, the origin and the trial after the case

   Dong Jialing and China Ping An Property Insurance Limited by Share Ltd Fuyang branch (hereinafter referred to as Ping An insurance company of Fuyang) insuranceThe contractDispute, the people of Funan CountyCourtMade in September 11, 2007 (2007) at the beginning of the word no. 1238th south people of civil judgment. Ping An insurance company of Fuyang appeal, appeal. Fuyang City Intermediate PeopleCourtIn 2007 December 7 made (2007) No. 120th Fu Min two final civil judgment, Dong Jialing refuses to accept, in 2008 on 24 September this academy proposed retrial application. The court accepted and formed a collegial panel review.

   Two, the basic situation

   The petitioner (plaintiff in the trial of first instance, the second instance the appellee): Dong Jialing, female, born in September 17, 1973, Han nationality, Anhui province Funan County, city, live Fu Guan Zhen Nanxian Miao Si Jia Shu yuan.

   The respondent (defendant in the trial of first instance, the second instance the appellant): China Ping An Property Insurance Limited by Share Ltd Fuyang branch. Qinghe East Road Fuyang City domicile No. 241.

Legal representative: Wang Yuehua, manager.

   Three, the original situation

   Funan County People's court found: December 26, 2006, Dong Jialing and Ping An insurance company in Fuyang signed a motor vehicle traffic accident liability compulsory insuranceThe contract, for all its Wan K43335 Songhua River and medium-sized passenger car insurance compulsory insurance, insurance during the period from December 27, 2006 to December 26, 2007. In 2007 January 26 day, Sun Shifeng is driving the car, Cao Qingling injured pedestrian death and fled the scene. Determination of the Communications Department of the police, Sun Shifeng drunk driving causes traffic accidents and drove away, should bear full responsibility for the accident, Cao Qingling of the dead without responsibility. After Dong Jialing and the driver Sun Shifeng and the victim Cao Qingling's relatives to civil compensation agreement, compensatory compensation for death, funeral expenses, maintenance fees totalling 110000 yuan, have been fulfilled. Funan County People's court made to confirm the agreement of criminal incidental civil mediation. In June 11, 2007, Funan County People's court to the crime of causing traffic casualties sentenced Sun Shifeng to three years in prison, five years probation. Dong Jialing to Ping An insurance company of Fuyang rejected claims filed a suit, request any payment cross strong insurance indemnity of 50000 yuan.

   The court holds that: the original, the defendant signed motor vehicle traffic accident compulsory insurance contract does not violate the law, should be effective, both parties shall be in accordance with the contract agreed to fulfill their respective rights and obligations. Sun Shifeng drunk driving insurance vehicle traffic accidents during the period of this insurance to death, and public security traffic department as the vehicle negative full responsibility for the accident, the victim has no responsibility, in accordance with the "compulsory motor vehicle traffic accident insurance regulations" (hereinafter referred to as "Regulations") twenty-first "the insured motor vehicle road traffic accident caused by the vehicle, victims of personal injury, property damage insurance people outside, by insurance companies in accordance with the law in the motor vehicle traffic accident liability compulsory insurance liability limits the scope of compensation......" The provisions of Fuyang, Ping An insurance company shall compensate for the losses caused by the death of the victim, the death compensation 50000 yuan. Mediation by the people's court, the plaintiff has compensated the victim's near relatives including death compensation limit of 50000 yuan, all losses, the fact that both parties had no objection to plea. According to the "Regulations" article thirty-first "insurance company can be paid indemnities to the insured, the regulations can also compensation insurance" directly to the victims, the plaintiff has the right to claim for the defendant. Although the defendant argued that the plaintiff drunken driving traffic accidents are not subject to compulsory insurance compensation, but the "Regulations" provisions of article twenty-second: "any of the following circumstances, the insurance company compulsory insurance pays rescue expenses within the limits of the 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...... ; one of the circumstances listed in the preceding paragraph, the occurrence of the traffic accident, damage is caused to the property, do not assume liability insurance company." Therefore, in a drunken driving case, the insurance company in insurance in the deductible is limited to property losses, not including caused the death, disability, death, disability compensation. "Insurance law" of the people's Republic of China stipulates that the thirty-first: "the terms of the insurance contract, the insurer and thePolicy-holderBy the dispute, insured and beneficiaries, the people's court or an arbitration institution should be made in favor of the insured and beneficiary explanation." Accordingly, the Funan County People's Court of Fuyang Ping An insurance company pays the Dong Jialing death compensation 50000 yuan. Ping An insurance company of Fuyang appeal, appeal.

   Fuyang City Intermediate People's Court of second instance think: the focus of this case is in a strong risk of the insured to pay, drunken driving caused the vehicle, is death insurance people outside of the victim, the insurance company should compensate the victim compensation for death. According to the "Regulations" provisions of article twenty-second, for drunk driving traffic accidents, the insurance company shall only in motor vehicle traffic accident liability compulsory insurance liability limit range pays rescue expenses, not including other costs, and in advance and the right to recourse against the harm. This is essentially the provisions of the insurance company from assume insurance responsibility. To advance to save the period of medical treatment is only in order to save the victim, after the victims out of danger, the insurance company does not assume any responsibility, the ninth in as part of the contract "motor vehicle traffic accident liability compulsory insurance clause" is also defined. "Motor vehicle traffic accident liability compulsory insurance clause" Department of CIRC issued as the implementation of specific basis of compulsory insurance, the China Insurance Regulatory Commission System institutions directly under the State Council, the release of the clause as part of the contract of insurance, and should be observed. So, in this case the owners responsibility not to insurance company claim. The improper application of the law, should be corrected. Fuyang City Intermediate People's court in accordance with the "PRC Civil Procedure Law" article 153rd (two) of the Convention, the decision to withdraw Funan County People's court verdict, dismissed Dong Jialing's claim.

   Four, the applicant Dong Jialing retrial reason

   Dong Jialing said: the law applicable to the application for retrial error of judgement. 1, the original judgment distorted "Regulations" legislative intent of article twenty-second. The second paragraph of this article only the provisions of drunk driving traffic accidents caused by the loss of property insurance company, the victim does not assume liability to pay compensation, not the provisions of the personal injury insurance company does not assume liability to pay compensation. The effectiveness of the 2, the original applicable "motor vehicle traffic accident liability compulsory insurance clause" than the "Regulations" promulgated by the state council. According to the "PRC Civil Procedure Law" article 179th (six) of the Convention, requests for a retrial of the case.

   Five, the court judicial committee

   The committee will discuss the case, the formation of two kinds of opinions:

   The first view: the error of law ruling. Dong Jialing's application for retrial in accordance with the "PRC Civil Procedure Law" article 179th (six) stipulation situation, it should be ruled by the Institute of the case according to law; retrial period, to suspend execution of the original judgment. Reason.

    1, "the people's Republic of China Road Traffic Safety Law" article seventy-sixth of the "motor vehicle traffic accidents caused casualties, property loss, provided by insurance companies in motor vehicle compulsory third party liability insurance liability limits the scope of compensation", the insurance company shall bear the liability without fault accident insurance, namely motor vehicle strong risk of the insured to pay the traffic accidents, causing third personal injury and property loss, the insurer shall give compensation within the limit of liability.

   2, "Regulations" article twenty-second is drunk driving case franchise made restrictions. Specified in the first paragraph of this article: "in any of the following circumstances, the insurance company compulsory insurance pays rescue expenses within the limits of the 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...... "; the second paragraph:" one of the circumstances listed in the preceding paragraph, the occurrence of the traffic accident, damage is caused to the property, do not assume liability insurance company." From the "Regulations" stipulates that the twenty-first human casualties, property loss two cases, twenty-second in the second paragraph of the "property damage" should only be as restrictive understanding, should not include death and disability compensation gold project. Therefore, the insurance company in the case of loss to the property of the victim shall not bear the liability for compensation, but cannot be removed from the legal obligation to pay the compensation for death.

   3, "Regulations" enacted by the State Council administrative departmentLaws and regulationsOccurrence of conflict of laws, formulated by the CIRC "motor vehicle traffic accident liability compulsory insurance clause" Ninth and "Regulations" relevant provisions, should be based on the "Regulations" for the treatment basis.

   The second view: applicable laws, the decision is correct. Dong Jialing's retrial application does not comply with the "PRC Civil Procedure Law" article 179th (six) of the Convention, shall rule to reject the application for retrial according to law. Reason.

   1, the "Regulations" the twenty-second in the "property damage" should be understood in a broad sense. From "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" Article 1"Due to the life, health, body damage suffered, the right to compensation prosecution request compensation for property losses and mental damage, the provisions of the people's court shall accept the case", "property damage" refers to the mental damage and the corresponding generalized loss of property, therefore, the "Regulations" in Article twenty-second franchise including the economic loss due to casualties, such as disability compensation, death compensation etc..

   2, "motor vehicle traffic accident liability compulsory insurance clause" Ninth stipulates: "the insured vehicle in the (a) to (four) occurred in one case of traffic accidents, causing injuries to the victim need rescue, the insurer after receiving a written notice and the traffic control department of the public security organ in medical institutions issued by the rescue list of the charges, in accordance with the health administrative department of the State Council shall organize the formulation of traffic accident trauma clinical guidelines and staffCountryBasic 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 insurer is not liable to pay and compensation. (a) did not obtain a driver's driving qualifications; (two) the driver drunk; to advance to save costs, the insurer has the right to recover the injurer." In this case, the driver drunk driving causing death to the victim, the insurance company shall not claim compensation for death.

   The judicial committee opinion: agree with the first opinion, consult the Supreme court.

                                                        The Anhui Provincial Higher People's court

                                                        Two hundred nine years in May 19th

   In December 10, 2009, the Supreme People's court reply received files,, Anhui Province Higher People's Court issued the "about how to understand and apply the notice Insurance Regulations > twenty-second traffic accident responsibility compulsory" motor vehicle "(Anhui high method [2009] No. 371), the full text of the book are as follows:

The Anhui Provincial Higher People's court

Anhui high method [2009] No. 371

About how to understand and apply the "Notice of motor vehicle traffic accident liability compulsory insurance regulations" article twenty-second

The intermediate people's court, county (District, city) the basic people's court:

   The review of the petitioner and respondent Dong Jialing Chinese Ping An Property Insurance Limited by Share Ltd Fuyang branch of property insurance contract dispute case, how to understand and apply the "motor vehicle traffic accident liability compulsory insurance regulations" (hereinafter referred to as "Regulations") twenty-second different opinions. Case by the judicial committee for discussion and decision to form two kinds of opinions from the Supreme People's court. In October 20, 2009 the Supreme Court to [2009] the people He Zi No. forty-second letter in reply to my school.

   According to the spirit of the "Regulations" answer, the twenty-second in the "loss to the property of the victim" should be understood in a broad sense, namely the "property damage" should include personal casualty losses, such as disability compensation, death compensation etc..

Hope in the future similar case processing in implementing the spirit of the province court reply, ensure uniform law applicable.

                                                               The Anhui Provincial Higher People's court

                                                              Two hundred nine years in December 10th