Passengers in the car after being thrown out of the car over insurance companies should be compensation

In June 12, 2005, Zhang a car brand for Kl662 made the car along State Road 312 from west to east. To the 312 State Road bend, the driver of the car as the driver Yang improper operation, losing control of the vehicle, which was riding in a car Zhang was thrown out of the car, and the car rolled induced injury. Identified by the traffic police department Yang negative full responsibility for the accident, Zhang does not negative accident responsibility. The relaxation Kl662 large car belongs to Xu, Xu in January 1, 2005 for the car to Chinese guaranteed a company for the third party liability insurance, the insurance amount (liability) for 500 000 yuan, the traffic accident occurred in the period of validity of the insurance contract. When Xu to Chinese guaranteed to claim a company, but was told not to claim, Zhang loss and therefore has no compensation, Zhang went to Xu, Yang, Chinese protect a company disputes.

This case involves two issues:

First, the traffic accident to harm Zhang, who should bear the responsibility for compensation;

Two, sitting in the vehicle interior Zhang was thrown clear of the car because of losing control of the vehicle, and the vehicle was crushed, the situation belongs to the motor vehicle third party liability insurance claims, or belonging to the responsibility of the personnel on the car insurance claims range.

For the first problem is the traffic accident to harm Zhang, who should bear the responsibility for compensation:The identification of the fact, at the time, due to the driving the vehicle and K1662 large car driver Yang on the pavement dynamic failure, emergency measures properly, causing the vehicle out of control, the original ride on car Zhang was left out of the bus and was the car rolled induced injury. According to the identification of the traffic management departments of public security, Yang Jianping responsible for the traffic accident, his acts constitute infringement. "The Supreme People's Court on the trial of personal injury compensation case applicable legal interpretation" the ninth stipulation: "the employees engaged in employment activities cause damage, the employer shall bear the responsibility for compensation; employees due to gross negligence or intentional damage, he shall bear joint and several liability with the employer. The employer shall bear joint and several liability, can claim compensation from the employee." The vehicle and Kl662 large automotive Xu, Yang, Xu hired drivers involved in traffic accidents, in Yang according to Xu assignment engaged in employment activities in the process, so the traffic accident to Zhang personal injury caused by Xu, liability for compensation shall be borne. In view of Xu and Chinese protect a company involved in the vehicle entered into an insurance contract, the Chinese protect a company shall bear the liability of compensation in the range specified in the insurance contract.

For the second problem that is sitting in the vehicle interior Zhang was thrown clear of the car because of losing control of the vehicle, and the vehicle was crushed, the situation belongs to the motor vehicle third party liability insurance claims, or belonging to the responsibility of the personnel on the car insurance claims range.The problem involves the following questions:

How to judge the "staff car" and "third"

Xu and Chinese protect a company involved in the vehicle and K1662 large car entered into the motor vehicle third party liability insurance contract, which agreed: "the insurance contract in the third refers to the addition of the insured, the insurer, the insurer is outside, victims of insurance vehicle insurance vehicle accidents accident suffered personal injury or damage to property under the."The car personnel liability insurance "in the personnel on the car",Refers to the personnel in the vehicle. When there was an accident. Accordingly, judging 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 "the third". Moreover, because the motor vehicle is a vehicle, it is impossible for anyone to permanently in a motor vehicle, the motor vehicle insurance contracts that are involved in the "third" and "the personnel on the car" are temporary identity under certain time-space conditions, namely "third" and "the car" people are not fixed forever, identity, the two can change due to the specific conditions of time and space and transformation. 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.

Zhang is neither the insurance contract relationship of the insured, the insured, the insurer is not. According to the recognition of the traffic management department, the traffic accident is really a bicycle accident. Before the occurrence of the traffic accident, Zhang is the relaxation of K1662 passenger car, belonging to the personnel on the car, but Zhang was thrown clear of the car because of losing control of the vehicle, after landing was the car rolled injury in traffic accident, the traffic accident Zhang already under relaxation K1662 car, according to the facts mentioned above, can maintain Zhang belongs to the "victims" insurance vehicle insurance vehicle accident suffers from a personal injury under, that in the event of the traffic accident, Zhang already by "the personnel on the car" (passenger) into "third".

How to understand Xu and Chinese insurance exemption clause of a company signed contracts of insurance

In addition, the motor vehicle third party liability insurance exemption clause, because the insurance vehicle accidents, leading to other personnel of the car of personal injury or property damage, if the insured shall bear the liability for compensation in the law of insurance, per capita is not responsible for compensation. In view of the exemption clause in format clause, and the clause "Other members of the car's personal injury or property damage"There are two possible explanations, one explanation is only refers to the personnel on the car in the car's personal injury or damage to property, as the car to leave the car and was led to the car accident damage results do not belong to the exemption scope; another is for the personnel on the car in the car and leave the car after the car accident damage results insurance person exemption. In view of the two parties in dispute, so this clause shall be made against the terms of format provider explanation according to law. It finds that the case does not apply to the exemption clause.

　　SorryContract format terms

Standard terms are prepared in advance by a party for repeated use, and not negotiated with the other party in the conclusion of the contract terms.

The format of the terms of the contract, provide for exemption from liability and limitation of liability provisions therein to do two obligations: the obligation and duty of explanation.

The legal characteristics of standard terms:

1, the format of the terms of the contract offer wide, persistent and detail.

2, the standard clauses has the pre decision of unilateral.

3, in order to express written principle.

4, the terms of format contract party has absolute dominance in the economy, so that it can be a predetermined format terms imposed on each other, so as to eliminate the possibility of both sides to negotiate the terms of format.

"Contract law of the people's Republic of China" thirty-ninth paragraph second: the standard clauses is a litigant in advance for repeated use of the formulation, and not negotiated with the other party in the conclusion of the contract terms. Rule forty-first: controversy in the understanding of the standard terms occurs, it shall be interpreted according to general understanding. There are two more on the interpretation of terms of format, shall make a decision not to provide an explanation of terms of format. Inconsistent format clause and non format terms, shall adopt the non format terms.