Traffic accident vehicle loss the right to claim their insurance company civil case 

The vehicle damage insurance (car insurance and other personnel) the insured person has two kinds of rights, one is tort ask owners and the insurance company shall bear the liability for damages based on, one is the insurance liability insurance contract requires insurance companies to undertake the car caustic danger based on. According to the "Civil Procedure Law" in article thirteenth, the insured shall have the right to choose to exercise any right of claim within the limits prescribed by law. Therefore,The insured shall have the right to all the vehicle damage insurance companies stand to the insurance claim.At the same time, bear some responsibility for the insurance mark loss in third cases, in order to follow the principle of compensation for the loss of property insurance, to avoid the insured to obtain the excess compensation, the insurer and the insured the balance of rights and obligations, "insurance law" provisions of article sixtieth of the insurance subrogation system,The car insurance company to the insured vehicle damage insurance liability,Enjoy the right of insurance subrogation according to law.

"Road traffic safety law" provisions of article seventy-sixth, motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; insufficient part, assume liability to pay compensation in accordance with the following provisions: (a) the traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility. Two. This article aims to make clear that the traffic accidents caused by theShould follow the liability of tortCross strong insurance compensation principle, does not explicitly cross strong insurance prior to the vehicle damage compensation principle. Therefore,The insurance company about according to traffic law seventy-sixth and the insurance contract the cause of action by the other owners and the insurance company to assume liability to pay compensation no factual and legal basis, should not support.

Shandong province Qingdao City Intermediate People's court

Civil judgment

(2011) four green people's final words seventy-seventh

The appellant (defendant in the original instance): public insurance Limited by Share Ltd Qingdao branch, address: Qingdao Huaneng building, No. 37 Taiping Road, No. 8.

Person in charge: Ma Xin, general manager.

Attorney: Nan Shu Feng, Shandong Huazheng lawyer.

Attorney: Zhang Xianli, lawyer of Shandong Hua zheng.

Appellee (the plaintiff): Chen Yanqiu, female, born 2 November 1963, Han Dong Ge Cun, Pingdu City, live in Chengguan Street office.

Attorney: Zhang Baoan, male, was born in January 10, 1978, Han nationality, Mount Huangshan Cui Zhao Zhen Hou Cun, Pingdu City, No. 104.

The appellant public insurance Limited by Share Ltd Qingdao branch (hereinafter referred to as the public insurance Qingdao branch) and the appellee Chen Yanqiu insurance contract dispute case, the people's court may Pingdu City of Shandong province (2010) at the beginning of the word no. 3226th Ping's civil judgment, appeal to the court. The Institute in January 24, 2011 to accept. The case acceptance, by judge Liu Songyun to serve as the presiding judge, acting judge Su Min served as the presiding, and acting judge Li Hongbin jointly formed a collegiate bench, in March 22, 2011 held a public hearing of the case. Attorney Nan Shufeng the appellant public insurance Qingdao branch, the appellee Chen Yanqiu and attorney Zhang Baoan to take part in the proceedings. Now the trial has been closed.

The trial by the court found, in January 28, 2003, Chen Yanqiu through the Treasury auction to 20000 yuan price competition was originally Pingdu folk organization administration all Lu BD6188 liberation van a car, Pingdu City Finance Bureau issued its content is: "vehicle called for income (including deposit), the amount of 20000 yuan, the remarks column for the liberation of the vanThe payment receipt a ID No. 370226196311020224 ", the public insurance Qingdao branch on the authenticity of the evidence is not recognized, that should be submitted at the time of the auction procedures, but only by the evidence can not prove that Chen Yanqiu is the actual vehicle owners of the facts. In June 30, 2006, Chen Yanqiu in the name of Pingdu City Administration of non-governmental organizations in public insurance Qingdao branch is insured, the company to Chen Yanqiu issued the insurance policy, the policy stated: new car to purchase price of 75000 yuan, the first time in 1998 March registered vehicle, the vehicle damage insurance amount is 75000 yuan, to pay the premium of 661 yuan; third liability limitation to be 500000 yuan, pay the premium 1064.2 yuan; in addition the driver's insurance, other passenger insurance, non deductible special risks, a total payment of insurance premium 2623.8 yuan; the insurance period: June 30, 2006 to June 29, 2007. On April 30, 2007, Chen Yanjie driving Lu BD6188 liberation van and Xin Jingbo tractor collided, Lu BD6188 liberation van. Chen Yanjie injured in 5 days of hospitalization, medical treatment cost 1752.04 yuan. Pingdu City traffic police brigade to accident, that the main responsibility negative Chen Yanjie accident, Xin Jingbo negative secondary responsibility accident. Chen Yanqiu is the surplus value that the vehicle is 800 yuan, Pingdu Rijin provides auto repair factory certificate issued, the public insurance Qingdao branch that disagreed with the determination of the residual value of vehicles, think first of all should have the related departments, the garage without corresponding qualifications to recognize the residual value of vehicles, the other the proved to be in the accident 3 years after the issuance, whether in the case have a causal relationship cannot be recognized; Chen Yanqiu to prove all claim to the insurance company, issued a "Song Yanan" testimony, the public insurance Qingdao branch has not recognized.

The facts mentioned above, there is a Chen Yanqiu submitted the public insurance Qingdao Branch issued by the insurance contract, prove the existence of the insurance contract between the parties of the fact; Pingdu City Public Security Bureau Traffic Police Branch of the accident report issued by a people's Hospital; a Province Pingdu Shandong medical expenses documents; the payment receipt issued by a roughness Municipal Bureau of finance, proved the fact that the song for vehicles, Yanan a, demonstrated by Chen Yanqiu to pay the premium and claim after the repeated claims, facts and original public insurance Qingdao branch statement, all through the trial process, is sufficient to recognize.

The court held that, although Chen Yanqiu held in the insurance contract the insured Pingdu City folk organization administration, but the actual contributions by Chen Yanqiu, the unit does not exist now, because the insured vehicle for Lu BD6188 liberation van, the accident vehicle for Lu BD6188 liberation van, therefore between Chen Yanqiu and the public insurance in Qingdao branch of the insurance contract, in after the accident, the public insurance Qingdao branch shall claim. Although Chen Yanqiu insured vehicle losses amounted to 75000 yuan, because the two sides are not insured value, and the vehicle is damaged, the parties are unable to provide the actual value of vehicle damage, referring to Chen Yanqiu's bid vehicle when the value of 20000 yuan and the insured by 75000 yuan car purchase price, according to the current month depreciation insurance industry 6% rate, the registration time from vehicle to vehicle accident calculation to determine the compensation amount should be 20000 yuan minus salvage value 800 yuan appropriate as a reference value, although the public insurance Qingdao branch of Chen Yanqiu provide vehicle residual value of 800 yuan is not recognized, but does not provide valid evidence to deny, and should therefore be recognized vehicle the residual value is 800 yuan, the vehicle value less the value of 800 yuan, the remaining 19200 yuan, so the public insurance Qingdao branch shall compensate for the loss of 19200 yuan Chen Yanqiu vehicles; according to the regulation of insurance law, the insurance amount shall not exceed the insured value. Exceed insurance value, excess is invalid, the insurer shall refund the corresponding premium, Chen Yanqiu asked the public insurance Qingdao branch the refund of premium 1924.12 yuan, because Chen Yanqiu when the insurance investment vehicle damage insurance amount to 75000 yuan, to pay the premium of 664 yuan (75000 yuan 1%+80 yuan * 80%), the amount of 20000 yuan premium should be 224 yuan (RMB 20000 * 1%+80 * 80%), the public insurance Qingdao branch company charged 55000 yuan premium should be 440 yuan (664 yuan -224 yuan), so that the public insurance Qingdao branch company shall refund the overcharged premiums 440 yuan; Chen Yan Qiu has staff car insurance insurance therefore, the driver takes injury costs, the public insurance Qingdao branch should also undertake, should bear the medical expenses of 1752.04 yuan, delay costs 300 yuan, 300 yuan fee, nursing care during hospitalization living allowance of 60 yuan, a total of 2412.04 yuan. Dazhong insurance Qingdao branch argued that Chen Yanqiu has the limitation of action litigation claims, because Chen Yanqiu after an accident, many go to the insurance company's Staff Consultative claims matters, so that the public insurance Qingdao branch company argued that reason, shall not be accepted. Public insurance Qingdao branch company that multi charge premiums should not it doesn't matter and the reason of the case and deal with the case, because of the company according to the plaintiff for the amount of 75000 yuan insurance premium, and can be reflected in the same policy, so that the public insurance Qingdao branch company argues the reason, also not accept. Dazhong insurance Qingdao branch for each loss Chen Yanqiu advocated should submit legitimate evidence, Chen Yanqiu has submitted the hospitalized cases, medical documents, and to prove the fact of injury, and the public insurance Qingdao branch did not submit evidence to the contrary to prove their claims, it argued that reason shall not be accepted; the public insurance Qingdao branch company that the case costs should not be borne by the insurance company to assume the reason, because the party does not have special agreement, it shall not be accepted. According to "the people's Republic of China Insurance Law" article fourteenth, the provisions of article fifty-fifth, the decision: the public insurance Qingdao branch in ten days after the entry into force of the decision to pay Chen Yanqiu the vehicle in the loss of 19200 yuan, 440 yuan more than collect insurance, medical expenses, lost income, nursing fees, hospitalization period living allowance of 2412.04 yuan, a total of 22052.04 yuan. If not according to the period specified judgment to the payment of money obligations, should be in accordance with the "Regulations of PRC Civil Procedure Law" article 229th, double payment of interest on debt during the delay in performance. The case acceptance fee of 408 yuan, postage 60 yuan, a total of 468 yuan, the public insurance Qingdao branch burden, in ten days after the verdict in pay.

The appellant public insurance Qingdao branch said: there is no appeal against the original insurance contract, the relation between the appellant and appellee appellee, according to the law in this case as the subject of litigation is not suitable. The insurance premium invoice and insurance policy as the insured, the insured to Pingdu folk organization administration, the respondent did not provide valid evidence between Lu BD6188 car and the existence of the insurance contract. Two, even if it does not consider the subject qualification, the appellee filed for more than the statutory limitation. In this case the insurance accident happened in April 30, 2007, according to the civil procedure law, medical expenses and car damage the appellee argued Chen Yanjie exceeded the statutory limitation, and the respondent does not submit the effective evidence of its existence the interruption of the limitation of actions, it should reject the appeal. Three, according to the relevant provisions of traffic law seventy-sixth, cross strong insurance and commercial insurance contract, the appellee's loss should be firstly by the other car owners and insurance companies in the insurance to pay strong limit to bear, the exceeding part again by the two sides in accordance with the proportion of accident liability. Therefore, by car damage, Chen Yanjie the appellant shall bear the loss of the other car, the appellant should not assume liability to pay compensation. Be reached the appellant and the other car in the traffic police department mediation agreement only on both the accident is binding, the mediation agreement is not binding on the appellant. The appellee against adverse consequences to the relevant provisions of the law, the loss of voluntary surrender should be liable for its own, can not be passed on to the appellant. Four legal disputes, the appellee return premium appeal and the case does not belong to the same nature, should not be consolidated in this case. And the appellee premium is determined in accordance with the insurance value of voluntary agreement, should not be determined on the basis of the auction value. Request to dismiss the lawsuit request; a second trial, the cost of litigation by the respondent burden.

The appellee Chen Yanqiu said in reply: one, although the policy the insured is Pingdu folk organization administration, but by the appellant is the actual contributions, the administration does not exist now, the appellee's actual insured. Because the insured vehicle and vehicle accidents are Lu BD6188 liberation van, therefore, between the appellant and appellee insurance contract. Two, the case after the accident, the appellee has appealed to the people of the claim, and submitted a "Song Yanan" the testimony, that any claims that many times. Therefore, interrupt the limitation of action, to the prosecution did not have the limitation of action. Three, the appellant and appellee has established the insurance contract, the vehicle after be or get out of danger, the appellant shall claim in accordance with the provisions of the insurance contract, insurance has no direct relation with the other vehicle traffic. Appellant by the other car owners and insurance companies in the insurance to pay strong limit first assume the liability of compensation claims no legal basis and is irrelevant to the case. Four, the contract dispute case, insurance, legal disputes premium refund also belong to the same nature of the right, the merger trial. The appellee shall pay the premium in accordance with the vehicle auction premium value, the appellant received shall be refunded. Request rejected the appeal, upheld the.

Second, the appellee filed for the witness Song Yanan (female, born in June 19, 1968, Han nationality, Pingdu City live Guan ban Shi Chu Yunshan street 1, building 1, 107 households) to testify in court, witness statements, in the first instance the appellee submitted testimony was written by himself, it was the use of "Song Yanan" in the name, identity card as "Song Yanan", "Song Yanan" sign formal occasions; issued by the testimony of witnesses to old habits signature "Song Yanan". In this case the vehicle after be or get out of danger, although not the appellant's staff, but the spirit of customer service for the end, many times to help the appellee contact claim. After many ask, just know the appellant Pingdu marketing department Ma Weiya not appellee premium payment to the appellant. The appellant Pingdu marketing multiple substitutions, then even the business address is not found. The appellant confirmed at present the vehicle does not exist owe situation after verification, to witness Song Yanan's statement is not recognized; that the respondent has no written evidence after the accident to appeal to people to apply for the claim; business Song Yanan has not the appellant when the accident occurred, the appellee's claims have limitation.

The appellant to submit evidence of labor contract, a 1 Song Yanan term, from May 27, 2005 to December 31, 2006, to prove that the labor contract and the testimony of witnesses in the name does not match the name, also proved that even Song Yanan and "Song Yanan" for a person, the official staff at the time of the accident Song Ya male has not the appellant. 2, the single submit copies of evidence, to prove the applicant affixed with "Pingdu City Management Bureau" folk organization seals of the insured, the appellant to clear disclaimer obligations, the office for the "Song Yanan", is inconsistent with the testimony of a witness by "Song Yanan". By two the appellant submitted evidence to the Appellant had no objection to the authenticity, entering into an insurance contract with the appellant's song Yanan do business; Song Yanan and "Song Yanan" is a person; the appellee not familiar to the appellant and the roughness of the marketing department, only to find Song Yanan help contact the claim, went to a the appellant Pingdu marketing department later staff Ge Haijiao, Fu Qiang etc.. 　

The court to confirm the identification of other facts.

This house believes that, in the case of insurance contract the insured is Pingdu folk organization administration, but the insurance vehicle insurance contract for the respondent the proceeds from the auction, the premium is paid by the appellant, insurance premium invoice and insurance policy are also the appellee hold. This house believes that, by the appellant as actual insurance vehicle owner, has an insurable interest on the insured vehicle, is the actual insurance contract, is also the case of litigation subject qualification. Comprehensive parties appeal and defense, summed up the focus of controversy in this case are: first, the appellee's claim is a limitation of action; two, the appellee and the loss of Chen Yanjie whether the other owners Xin Jingbo and insurance company in insurance range beforehand bear.

The focus, first, the hospital confirmed that "Song Yanan" and "Song Yanan" for the same person, is business the appellant did in the insurance Department Song Yanan. The appellee submitted a trial witness testimony and two trial witnesses said were confirmed, the insurance vehicle after be or get out of danger, the appellee had with Song Yanan on many occasions to the appellant Pingdu marketing department claims, for various reasons did not get settlement. Although the appellant does not recognize the authenticity of testimony of a witness, but the appellant did not submit evidence to refute the testimony of witnesses, the school adopted the testimony of witnesses, identified by the appellant claim many times in after be or get out of danger, the limitation of action for not. 　

For the two focus, the opinion of this court, there is loss of vehicle insurance, driver's insurance, non deductible insurance and other insurance contract between the appellant and appellee, insurance accident caused by vehicle scrap vehicles, driver Chen Yanjie cost medical treatment cost 1752.04 yuan. The appellant the other owners and the insurance company should be in the range of first cross strong insurance liability grounds of appeal, first of all, the appellant did not submit evidence to prove the other vehicles for a compulsory insurance, the appellee shall have the right to require the other party to insurance company owners bear the liability of compensation in insurance within the scope of. Secondly, even if the other vehicles for a cross strong insurance, for the loss of vehicle and Chen Yanjie's medical expenses, the appellee has two kinds of rights, one is tort ask owners and the insurance company shall bear the liability for damages based on, one is the insurance liability insurance contract requires the appellant Che Sunxian and driver based on risk. According to the "Regulations of PRC Civil Procedure Law" in article thirteenth, the appellee shall have the right to choose to exercise any right of claim within the limits prescribed by law. Therefore, in this case the respondent shall have the right to all the vehicle damage and Chen Yanjie medical fee to the appellant advocate insurance claim. At the same time, bear some responsibility for the insurance mark loss in third cases, in order to follow the principle of compensation for the loss of property insurance, to avoid the insured to obtain the excess compensation, the insurer and the insured the balance of rights and obligations "," insurance law of the people's Republic of China Provisions of article sixtieth of the insurance subrogation, the appellant to appellee track traffic damage compensation liability, can enjoy the right of insurance subrogation according to law. "The people's Republic of China Road Traffic Safety Law" provisions of article seventy-sixth, motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, shall bear the liability for compensation in accordance with the following provisions: (a) the traffic accidents between motor vehicles and, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility. Two. This article aims to make clear that the tort liability of traffic accidents caused by the should follow the traffic insurance compensation principle, does not explicitly cross strong insurance prior to the car caustic danger or drivers of insurance compensation principle. Therefore, on the basis of the grounds of appeal appellant traffic law seventy-sixth and the insurance contract the other owners and insurance companies bear the liability of compensation in advance no factual and legal basis, should not support. Finally, the appellant as insurance professionals, in accordance with the actual value of the vehicle's premium is the basic obligation, is also in line with the principle of compensation requirements. The appellant to refund the premium and the rights and obligations of the contents of the appellant to undertake insurance liability belongs to the vehicle damage insurance contract, the original judgment which recognizes no improper, shall be maintained.

To sum up, the appellant fails, the court shall not support. The original judgment was correct, should be maintained. In accordance with the "PRC Civil Procedure Law" article 153rd (a) the provisions of item, the decision as follows:

Dismiss the appeal, upheld the.

The second case acceptance fee of RMB 351 yuan, by the appellant public insurance Limited by Share Ltd Qingdao branch burden.

This judgment is the final judgment.

The trial Sentenced Long   LiuPineCloud

Acting judge   LeeHungBin

Acting judge   Su   Sensitivity

Two 0 one one years in April 2nd

The book Note Member   ForestWeiLight

              Wei Wei 

Source: Qingdao court