I long for the traffic accident, many types of. Among the two subjects of litigation is a special. First, due to faulty vehicle, the driver and the vehicle with personnel get off view maintenance. At this time, the failure of vehicles behind another vehicle collision, two fault vehicle and rolling to repair under the car, the death of one man rupture of spleen. Another, is the agent of three brothers by a motorcycle, was three deaths caused by overload of red light running the car collision accident.

   After the Gazette of the Supreme People's court in 2008, "Zheng Po v. Xu Weiliang, Peoples Insurance Company of China Changxin branch road traffic accident damage compensation dispute case" published. I was fully studied the case. The keynote of the case are as follows: first, to judge by the insurance vehicle accident victims belong to "third" or the "staff 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 "third". Two, "the personnel on the car" and "third" are in the peculiar condition of temporary identity, can be transformed with time and space. Because the insurance car accident victims, if before the accident insurance vehicle car personnel, at the time of the accident have exposure to the insured vehicle, belonging to the "third". As for what reason leading to the staff at the time of the accident in the insured vehicle, do not affect its "third" identity.

   According to this case, the Supreme People's court's spirit, who at the time of the accident, the body in the car outside the victim, can claim third party insurance compensation. Although, theoretically and practically speaking, there are many specific case analysis and discussion, but if the legislative purpose and spirit from the compulsory insurance system perspective, "heal the wounded and rescue the dying," to the victim's biggest security is the first. As the victim's agent, should be from the perspective of the victims or their families as much as possible to strive for the rights and interests.

   The first case, we take two car insurance company shall bear the liability for compensation as the premise, reached a basic agreement of the mediation agreement and claims. In second cases, the situation is relatively a bit more complicated, but the relevant case support, and even some local court trial guidance are clearly defined, I believe there will be a fair judgement. The following will be posted as the case, I offer the reference.

Anbang property insurance Jiangxi branch of Limited by Share Ltd v. Ceng Yongdong, Zhu Chunchun etc.

Road traffic accident damage compensation dispute case

In 2008 fifth period

Author: Cheng Mingmin, Ganzhou intermediate people's court Release date: 2009-03-19 11:29:23

Motor vehicle insurance contract involved in the "third person" and "car people" are temporary identity specific space and time condition, the two can be due to changes in the specific conditions of time and space and change. Judging by the insurance of traffic accident victims belong to third people or the personnel on the car, should be to the people in a specific time when the traffic accident occurred as a basis in the vehicle.

    [index] case

The first instance judgment number: (2008) Ruimin early two No. thirty-second

The second instance judgment number: (2008) in the four final No. 288th

    [case]

The appellant (defendant in the original instance) Anbang property insurance Jiangxi branch of Limited by Share Ltd.

Legal representative: Cao Jiusheng, general manager of the company.

Appellee (the plaintiff) Ceng Yongdong, male, born in September 1964, the Han nationality, Ruijin City Ye Ping Xiang back to Wu Village 16 group.

Appellee (the plaintiff) Zhu Chunchun, female, born in June 1967, the Han nationality, address above, is the wife of Ceng Yongdong.

Appellee (defendant in the original instance) Zou Bin, male, born in August 1989, the Han nationality, live in the city of Ruijin Wu Yang Zhen Ping Bu Ju Wei hui.

Appellee (defendant in the original instance) Fan Wenqiu, male, born in February 1970, the Han nationality, Jiangxi province Xu Jiang Zhen Xin an Cun, Guangchang county.

Appellee (defendant in the original instance) Guangchang County, Tang Fang Xinda automobile transportation Co. ltd..

Legal representative: Li Fubin, general manager of the company.

Appellee (defendant in the original instance) Peoples Insurance Company of China Nanfeng branch.

Legal representative: Wu Keliang, manager of the company.

The defendant Zheng Yong, male, born in April 1958, the Han nationality, Chen Bucun sun Ling Ruijin City Wuyang town under 17 group 3.

On December 21, 2007, Zou Bin driving without a license and Jiangxi B09G51 two wheel motorcycle, take Zheng Huiming and the daughter Ceng Shuhui along the Ruijin Hongdu Avenue from east to west direction, to the Zhongshan Road Hongdu Avenue in the crossroads, because Zou Bin did not press signal lamp driving, driving across the stop line, in the light from the direction of Fan Wenqiu's F72117 truck forward east Jiangxi turning to the left, Zou Bin after the emergency brake is still ahead, resulting in motorcycle and truck collided motorcycle on the left, Ceng Shuhui is thrown out after a motorcycle, and was big truck rear right wheel rolling to the death of traffic accidents. In December 28, 2007, Ruijin city traffic police brigade after the scene investigation, the main responsibility for the accident made Zou Bin, van Wenqiu negative secondary responsibility of accident, accident responsibility Ceng Shuhui, Zheng Huiming no responsibility. The F72117 truck registered owner is Guangchang County, Tang Fang Xin Da automobile transportation company limited, the Peoples Insurance Company of China has been in Nanfeng branch insured for 300000 element cross strong insurance and third party liability insurance liability limit, Jiangxi B09G51 motorcycles registered owner is Zheng Yong, the car has been in Anbang property insurance Jiangxi branch of Limited by Share Ltd insurance compulsory insurance. In addition, after the accident, the plaintiff by the traffic police department has received the Fan Wenqiu pay 30000 yuan in cash.

    Trial.

The court held that, Zou Bin driving without a license motorcycle with Fan Wenqiu driving a large truck collided on the road, causing the plaintiff's daughter Ceng Shuhui after being thrown out from the motorcycle, and be big truck rear right wheel rolling fatal traffic accidents. The accident is identified by the traffic police department, Zou Bin and Fan Wenqiu were responsible for accidents, responsibility, Shu Hui had no responsibility. Therefore, in accordance with the relevant legal provisions, Zou Bin and Fan Wenqiu on the reasonable loss the plaintiff because of accident suffered by Ceng Shuhui death, should be based on the responsibility of the accident, which bear the responsibility for compensation. The determination of the loss of the plaintiff Fang Yin Ceng Shuhui suffered death for: 9200 yuan of funeral expenses, death compensation of 224440 yuan, lost wages, transportation costs 800 yuan, mental injury solatium 15000 yuan, total 249440 yuan. The F72117 truck driving for fan Wenqiu has Peoples Insurance Company of China in Nanfeng branch insurance compulsory insurance, because the insurance of liability of compensation for death and disability allowance is 50000 yuan, and the accidents not only result in the death of Ceng Shuhui, also caused the Zou Bincan disease, therefore, according to the amount of compensation and Zou Bin disability compensation for death Ceng Shuhui is in proportion to the amount of the insurance companies, the loss of the plaintiff, the plaintiff should pay 35000 yuan of death compensation in the limits of liability compulsory insurance within the scope of. Ceng Shuhui is about the B09G51 accident motorcycle "staff car" or "car third" problem, involved in the present case of traffic accident, first motorcycle and truck left collided, causing Ceng Shuhui from the motorcycle thrown backward to the truck on the right side, and then by truck and the right rear wheel rolled. Conclusion forensic book that the cause of Ceng Shuhui's death was caused by gastric, colon, died of rupture of spleen, liver, gallbladder abdomen after rolling. It can be presumed to Ceng Shuhui in the two vehicles collided and no death, her death is the consequence of caused by large trucks right rear wheel rolling, therefore, her death has not on the motorcycle, the motorcycle should be "the car third people". Because of the B09G51 motorcycle in Anbang property insurance Jiangxi branch of Limited by Share Ltd insurance compulsory insurance, therefore, the insurance company should compensate the plaintiff 50000 yuan of death compensation in the limits of liability compulsory insurance within the scope of. The rest of the plaintiff's loss of $164440, according to the actual situation that liability accident and in this case, assume by Fan Wenqiu - Zou Bin 30, take 70 percent more appropriate. The F72117 truck driving for fan Wenqiu has Peoples Insurance Company of China in Nanfeng branch insurance liability limit of 300000 yuan for the third party liability insurance, and agreed the franchise was 15 percent of the liability, the insurance company should take on Fan Wenqiu in the insurance liability limit deduct 15 percent free with the rate after bear the responsibility for compensation. 30000 yuan the plaintiff has been receiving, van Wenqiu should offset compensation. Accordingly, the trial court in accordance with the relevant legal provisions, the judgment: a Peoples Insurance Company of China, Nanfeng branch company shall compensate the plaintiff 35000 yuan of death compensation in the liability limit of compulsory insurance; two, Anbang property insurance Jiangxi branch of Limited by Share Ltd company should be in the compulsory insurance liability limit, within the scope of compensation the plaintiff compensation for death 50000 yuan; three, Fan Wenqiu should be compensation 139440 yuan of death compensation the plaintiff, funeral expenses of 9200 yuan, lost wages, transportation costs 800 yuan, a total of 149440 yuan 30 - meter, 44832 yuan; 44832 yuan compensation funds four, Peoples Insurance Company of China Nanfeng branch should undertake to the van Wenqiu, should limit of liability in the range of third liability insurance, deduct 15 percent franchise, compensation of 38107.20 yuan; five, Fan Wenqiu should compensate the plaintiff mental injury solatium 5000 yuan; six, Guangchang County, Tang Fang Xin amounted to 49832 yuan compensation for the automobile transportation company limited to the defendant Fan Wenqiu bear bear the responsibility of compensation; seven, Zou Bin should be compensation 139440 yuan of death compensation the plaintiff, funeral expenses of 9200 yuan, lost wages, transportation costs 800 yuan, a total of 149440 yuan 70 - meter, $1 04608 yuan; eight, Zou Bin should compensate the plaintiff mental injury solatium 10000 yuan; 114608 yuan compensation funds nine, Zheng Yong should take on Zou Bin's bear joint responsibility for compensation; ten, Zou Bin and Fan Wenqiu on the loss of the plaintiff shall assume joint and several liability; 30000 yuan eleven, the first to receive, Wenqiu should be deducted. Assume compensation; twelve, the payment limit the defendant in court decision within 30 days after payment. The 5147 yuan of case acceptance fee, property preservation fee 520 yuan, total 5667 yuan, the plaintiff shall assume 851 yuan, Zou Bin takes 3626 yuan, 1190 yuan Wenqiu bear fan.

Anbang property insurance Jiangxi branch of the Limited by Share Ltd, the case of traffic accident, the dead Ceng Shuhui is the B09G51 motorcycle riders, and belongs to the category of the personnel on the car, according to the provisions of "cross strong insurance regulations" in article third, the insurance company only to motor vehicle traffic accidents caused the vehicle, the insured, the insured outside of the third human casualties, property loss compensation within the liability limit, so the appellant shall not bear the insurance liability in this case. Request two trial to appeal shall not bear the liability insurance.

Trial court that the traffic accident, the personnel on the car all refer to personnel in the vehicle traffic accident occurs. Third and the personnel on the car are temporary identity specific space and time condition, the two can be due to changes in the specific conditions of time and space and change. Judging by the insurance of traffic accident victims belong to third people or the personnel on the car, should be to the people in a specific time when the traffic accident occurred as a basis in the vehicle. In this case, although Shu Hui had been in the traffic before the accident for the B09G51 motorcycle passengers, but it is due to the vehicle Jiangxi B09G51 motorcycle and Jiangxi F72117 truck collided, from the motorcycle thrown backward to the truck right, because of large freight locomotive is not complete and the overload driving, big truck the right rear wheel rolled, and the Jiangxi province Ruijin city Jin Jian of judicial appraisal of forensic medicine (2007), issued by our characters Kam 204th testimonial conclusion has clearly had Shu Hui Department of traffic accident to the abdomen, stomach, colon after rolling spleen, liver, gallbladder rupture death. So that Ceng Shuhui is not in the B09G51 motorcycle and Jiangxi F72117 truck collided, in vehicle insurance on B09G51 motorcycle is in immediate death, but from the B09G51 after a motorcycle, was the F72117 truck rear right wheel rolled, so, Ceng Shuhui death does not belong to the B09G51 motorcycle passengers, and belongs to the outside the car motorcycle staff third people. The judgment of the objective fact that Ceng Shuhui belongs to the outside of the vehicle based on third people, and in accordance with the law made by the appellant Anbang property insurance Jiangxi branch of Limited by Share Ltd in insurance liability limits the scope of direct compensation appellee Ceng Yong East, Zhu Chunchun because of deaths caused by traffic accidents have Shu Hui 50000 yuan of death compensation is not inappropriate according to the relevant provisions of compulsory insurance regulations. Therefore, the second instance court dismissed the appeal, maintain the final judgment original.

    [comments]

The focus of controversy in this case is Ceng Shuhui belongs to "the personnel on the car" or "third".

According to the "compulsory insurance regulations" the provisions of article third, the insurance company to the insured motor vehicle road traffic accidents caused by the vehicle, is the responsibility of insurance of insurance of people outside the victim of personal injury, property loss. Whether "the personnel on the car" category, should refer only to the road traffic accident in the vehicle on the staff. If someone is insurance vehicle car personnel before the accident, but traffic accident occurred in the vehicle has insurance, should be regarded as "the third". At the same time, because the motor vehicle is a vehicle, no one can permanently in motor vehicles, third cars and people on the staff are temporary identity specific space and time condition, the two can be due to changes in the specific conditions of time and space and change. In this case, the victim Ceng Shuhui belongs to the insurance vehicle "the personnel on the car" before the accident, but the victims in traffic accidents occurred when Ceng Shuhui has been involved in the insured vehicle is thrown out of the car, followed by another car rolled. Therefore, the traffic accident occurred, the victim Ceng Shuhui is not on the insurance car, but in the car. And, if the victim is involved in the insured vehicle car personnel involved in traffic accidents occur, it could not have been rolled. The Anbang property insurance Limited by Share Ltd that the victim was "the personnel on the car" instead of "third", it should not assume insurance responsibility grounds of appeal can not be established.