Between vehicle uninsured of traffic accidents caused by car casualties should be how to bear the liability for compensation

[Abstract] a tribunal of the Supreme People's Court of the people view comments:"Did not participate in the traffic accident liability compulsory insurance of motor vehicle traffic accident should bear the responsibility, "road traffic safety law" does not make specific provisions. We tend to think that, did not participate in the compulsory motor vehicle third party liability insurance, should be treated according to "road traffic safety law" in article seventy-sixth, but should be excluded for motor vehicle and motor vehicle uninsured traffic accidents caused casualties. The passengers in the car."

[] "view source reference and guide to civil trial" (No.37Set), the people's Republic of China, the Supreme People's court civil trial chamber I weave/Xi Xiaoming editor, publishing house of law2009Years7Vol.1Version, from the "guiding case: between vehicle uninsured traffic accidents and casualties caused by the vehicle shall bear the liability for compensation" one article how to

   UninsuredMotor VehicleBetween the occurrence of traffic accidents caused by car casualties should be how to bear the liability for compensation A division of the Supreme People's Court of the people:"Did not participate in the compulsory traffic accident liabilityInsuranceMotor vehicle traffic accidents should be how to take responsibility, "Road Traffic Safety Law"There is no explicit stipulation. We tend to think that, did not participate in the motor vehicleThe thirdCompulsory liability insurance, should be treated according to "road traffic safety law" in article seventy-sixth, but should be excluded for motor vehicle and motor vehicle uninsured traffic accidents caused casualties of the passengers in the car. Only between motor vehicle and non motor vehicle, pedestrian traffic accident responsibility will be required in the uninsured in to limit the scope of full payment.""Reference and guide to civil trial" (No.37Set), the people's Republic of China, the Supreme People's court civil trial chamber I weave/Xi Xiaoming editor, publishing house of law2009Years7Vol.1Version, from the "guiding case: between vehicle uninsured traffic accidents and casualties caused by the vehicle shall bear the liability for compensation" one article how to,P155 - 162.

Between vehicle uninsured of traffic accidents caused by car casualties should be how to bear the liability for compensation

[introduction] case

2008Years2Month4DayHuang driving, GuangdongQ * * * * 4Motorcycle ride his wife and daughter yellow beam a small one by* *The town* *Wei to the flat*The village committee in the direction of travel10When the15About traveling to* *Zhen Shan Bei Lu1No. the front door, was a driving in GuangdongQ * * * * 7Motorcycle(With a beam B)For driving, small pit Huang driving motorcycle around the crossing of two car in front left collide, causing a traffic accident a yellow small injured two damaged the car. Then, the yellow one that was sent to* *Hospital emergency treatment, used to rescue therapy625Element. Due to the heavy injury, the yellow one was sent to the* *Hospitalization of city people's Hospital, diagnosed:1The left femur comminuted fracture;2The left clavicle fracture;3Mediterranean anemia. After treatment, the yellow one in the same year2Month29Sunrise hospital(A total of hospital26Day, stay2People care), to medical costs in the hospital18508.80Element. Doctor: when discharged after discharge from hospital outpatient treatment and over six months, adult caregivers, a year after the plate removal.

For the accident,* *City Public Security Bureau police detachment of suburban brigade of the on-site investigation, in2008Years2Month21Make the2007B * * * * 9Number of traffic accident identification: Huang driving without obtaining a driver's license in non auto vehicle, driving without a motor vehicle safety and technical inspection on the road, manned exceed the approved number, driving a motor vehicle in violation of the provisions on the right side of the road, for the accident has the main faults, the main liability accident; had a driving without a motor vehicle safety technical inspection on the road, driving a motor vehicle safety driving without specification according to the operation, is the cause of the accident. On the other hand, fault, secondary liability accident; Liang, a yellow, a small beam B does not assume responsibility for the accident. Because once a did not pay compensation, yellow small and a lawsuit, request any had a bear40%Responsibility, total compensation for medical expenses, nursing fees, hospital food subsidies, discharged adult accompanying fee, fee and gap year tutor fee11478Element. In the course of legal proceedings, the yellow one fails to provide the legal basis to strengthen or supplement nutrition, also did not provide relevant hired teacher and tutor fee expenditure evidence. The court of first instance delegate identification, yellow small due to traffic accident constitutes three level disability.

Find out the other, the GuangdongQ * * * * 7And GuangdongQ * * * * 4Two wheel motorcycle both sides did not participate in the compulsory motor vehicle traffic accident liability insurance.

[the situation] court

The court held that, in the traffic accident, Huang driving without obtaining a driver's license in non auto vehicle, driving without a motor vehicle safety and technical inspection on the road, driving a motor vehicle in violation of the provisions on the right side of the road, manned exceed the approved number, is the main reason leading to the accidents, major liability accident; Zeng a driving without a motor vehicle safety and technical inspection on the road, driving a motor vehicle safety driving without specification according to the operation, is the cause of secondary causes of the accident, secondary liability accident.* *City Public Security Bureau police detachment of the suburban brigade for the accident responsibility is objective, should be adopted. According to the "The traffic safety law of the people's Republic of China on road"Article76The provisions of article, have a yellow one should bear the liability for damages. This accident, "Motor vehicle traffic accident liability compulsory insuranceRegulations"(Hereinafter referred to as "the compulsory insurance regulations")Have been more than a year. According to the regulations, once a must for all its GuangdongQ * * * * 7Two wheel motorcycle insurance of motor vehicle traffic accident liability compulsory insurance, however, had a did not perform the obligation. Due to a failed to fulfill the obligation, thus, I should bear the legal consequences of the resulting, for motor vehicle traffic accident liability compulsory insurance of the vehicles shall be covered within the liability limits, by Zeng give compensation; to go beyond the limits of liability, then had a according to its in the accident the proportion of the responsibility to bear. According to the "Interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case"The relevant provisions, refer to the" Guangdong Province2007Annual personal injury compensation calculation standard ", combined with the plaintiff's request for a yellow, small because of the traffic accident and loss:1Medical expenses18675.80Element;2Hospital food subsidies780Element;3Hospital care1820Element;4Nursing care after discharge from the adult to accompany5400Element;5Disability compensation102000Element. The medical fee, hospital food subsidies18675.80Yuan +780Yuan =19455.80Element), belonging to motor vehicle traffic accident liability compulsory insurance of medical expenses, medical expenses for the limit of indemnity10000Yuan, Zeng should first pay the10000Yuan to the yellow one; for the project for medical expenses beyond the limits of liability section9455.80Yuan, had a secondary responsibility should be according to the compensation a negative30%That is2836.74Element. The nursing cost1820Yuan +5400Yuan =7220Element), disability compensation102000Yuan, total109220Element belongs to the motor vehicle traffic accident liability compulsory insurance of death and disability compensation for the project, the death and disability compensation limit110000Yuan, the project compensation does not exceed the limit of indemnity insurance, so once a should compensate for the payment to the Yellow one. In computing, a compensation to the money should have yellow small a total of10000Yuan +2836.74Yuan +109220Yuan =122056.74Element. To sum up, in accordance with the "Civil Procedure Law of the people's Republic of China"Article130One, "The traffic safety law of the people's Republic of China on road"Article76And "Interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case"Article17Article1Paragraph, article19Article, article21Article, article23Article, article24The provisions of article, make decision as follows: once in the entry into force of this decision within ten days from the date of compensation for medical expenses, nursing fees, hospital food subsidies122056.74Yuan to the Yellow one.

Once a verdict of the first trial to trial court of Appeal said: in China, there is no law expressly not strong motor vehicle insurance accidents according to the limit of liability compulsory insurance compensation in the first. The judgement of the lower court appellant compulsory insurance provisions share of divided responsibility is erroneous application of the law, for instance to rescind the original judgment, the judgment shall be amended according to.

The appellee Huang argued that: the facts are clear, the applicable law is accurate, legitimate court proceedings, request rejected the appeal, upheld the.

Trial court that, this dispute is the focus of the motorcycle accident of the two sides have no strong risk of the insured to pay, after a trial of the first bear the liability insurance to pay strong again and other common tort liability for compensation is divided into the legality of. All motor vehicles, managers have no insurance compulsory insurance and accident and no causal relationship. "The compulsory insurance regulations" article39The provisions:"All motor vehicles, management not in accordance with the provisions of the insured motor vehicle traffic accident liability compulsory insurance, the traffic control department of the public security organ detain the vehicle, notify the owner of the motor vehicle, managers in accordance with the provisions of insurance, insurance is in accordance with the provisions of the minimum liability limit shall pay the insurance premium2Times the penalty. All motor vehicles, management in accordance with the provisions of article of motor vehicle traffic accident liability compulsory insurance, motor vehicle shall be returned in time."Obviously, this is the owner of the vehicle, management without legal consequences for insurance to pay strong. Although the "Guangdong Province, the road safety regulations" article48As the"Motor vehicle and non motor vehicle drivers, pedestrians, traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation. Over some of the limits of liability, the motor vehicle shall bear the liability; but......Did not participate in the compulsory motor vehicle third party liability insurance of motor vehicles in the car, the compensation shall be made for the lowest insurance liability insurance within the limits, of more than the minimum insurance limits of liability, compensation in accordance with the provisions of the first paragraph"The provisions of the regulations, but only for"Motor vehicle and non motor vehicle drivers, pedestrians, traffic accidents"That is, the protection of non motor vehicle drivers, pedestrians of interest. While the case is traffic accidents between vehicles, is not directly applicable, also should not refer to the aforesaid provisions. After a trial of the first bear the liability insurance to pay strong again and other common tort liability compensation points clearly inappropriate, processing the results of reversed liability led to the emergence of negative principal responsible person, time, contrary to the principle of fairness, should be corrected.

In summary, the facts are clear, the trial procedures are legitimate, but after appeal first assume the liability insurance to pay strong again and other joint tortfeasors divided responsibility for compensation have no legal basis, and the processing results are contrary to the principle of fairness, which should be corrected. The case should be between the vehicle and the vehicle without insurance accident is generally divided the responsibility principle, borne by the appellant30%Liability to pay compensation. Compensation for the project and the amount of the approved a:1Medical expenses18675.80Element;2Hospital food subsidies780Element;3Hospital care1820Element;4Nursing care after discharge from the adult to accompany5400Element;5Disability compensation102000Element. The above five items128675.80Yuan, appellant30%Liability for38602.74Element. In accordance with the "Civil Procedure Law of the people's Republic of China"Article153Article1Paragraph(Two)Item, article158The provisions of article: revocation decision* *City* *District People's court2008.A city law people at the beginning of the word no.* *Civil judgment, to the Appellant had some in the entry into force of this decision within ten days from the date of compensation for medical expenses, nursing fees, hospital food subsidies38602.74Yuan to the appellee yellow one.

The main views and reasons []

The focus of controversy in this case is that, after the implementation of compulsory insurance, traffic accident of motor vehicle uninsured, whether by accident motor vehicle shall bear the liability for compensation in the first cross strong insurance liability limit, in part to inadequate according to the fault liability principle according to the proportional share of responsibility? According to the traffic police department's responsibility, the court determined Huang and had a duty ratio7 3. Because once a not fulfilled for all its motorcycle insurance compulsory insurance obligations, so the first instance court ascertained that the legal consequences, once a shall bear the resulting, for cross strong insurance liability limit the vehicles shall be covered in part, by a first ever give compensation; to go beyond the liability limit part then, in accordance with the responsibility for the accident in proportion to share. As a result, the negative30%Responsibility has a compensation128675.80Yuan, while the negative70%Liability accident relative party only bear6939.66Element. The court of second instance, the responsibility sharing in fact upside down and responsibility, violate the principle of fairness, the parties to submit. Therefore, similar to the case, in the application of the law can refer to Guangdong Provincial People's Congress enacted "Guangdong Province, the road safety regulations" article48As the basis of judgment, worthy of study.

Advocate that we should apply the reason mainly has following several points:1Cross strong insurance mandatory country insurance, judicial decisions should also be fully reflected in the guide, support the government to adopt this measure. The traffic accident happened, "compulsory insurance regulations" has been implemented for more than a year, according to the regulations, once a should be the motorcycle covering all the motor vehicle traffic accident liability compulsory insurance. However, once a did not fulfill the obligations. Due to a failed to fulfill the obligation, thus its legal results, I should bear the resulting, for motor vehicle traffic accident liability compulsory insurance of the vehicles shall be covered within the liability limits, by Zeng give compensation; to go beyond the limits of liability, then had a according to its in the accident the proportion of the responsibility to bear.2Once a shall insure cross strong insurance and not fulfilling the obligations, the other is to constitute infringement, this is that has a shall bear the legal basis of compulsory insurance liability.3Because the "Guangdong Province, the road safety regulations" article48Article"Motor vehicle and non motor vehicle drivers, pedestrians, traffic accidents"To make the rules, which will establish a principle in the legislation, the vehicle is uninsured. Once a traffic accident occurs to the responsibility of insurance, is completely feasible.4In Jiangsu, Heilongjiang and many other provinces and cities also have the traffic accident occurs between motor vehicles made with "Guangdong Province, the road safety regulations" article48A similar provision, that is the spirit of the legislation of a trial.

Should not be referred to in view, the vehicle owner, managers have no insurance compulsory insurance and accident and no causal relationship. Although the "Guangdong Province, the road safety regulations" article48As the"Motor vehicle and non motor vehicle drivers, pedestrians, traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation. Over some of the limits of liability, the motor vehicle shall bear the liability; but......Did not participate in the compulsory motor vehicle third party liability insurance of motor vehicles in the car, the compensation shall be made for the lowest insurance liability insurance within the limits, of more than the minimum insurance limits of liability, compensation in accordance with the provisions of the first paragraph"The provisions of the regulations, but only for"Motor vehicle and non motor vehicle drivers, pedestrians, traffic accidents"That is, the protection of non motor vehicle drivers, pedestrians of interest. While the case is traffic accidents between vehicles, of course, can not be directly applicable to the provisions. If also refer to the aforesaid provisions in traffic accidents between vehicles case, is made a further explanation of the local regulations. Therefore, after a trial of the first bear the liability insurance to pay strong again and other common tort liability compensation points clearly inappropriate, processing the results of reversed liability led to the emergence of negative principal, a responsible person, has no legal basis, but also against the principle of fairness, should be corrected.

The third view, cause responsibility bear upside down and liability reasons, not the provisions of the local legislation, namely the uninsured motor vehicle traffic accident liability compulsory insurance, compulsory insurance liability limit shall be in the range of first bear the liability of compensation, the insufficient part according to the proportional share of responsibility; responsibility for causing upside down and responsibility of the real the reason is, "Motor vehicle traffic accident liability compulsory insuranceInsurance regulation"Article21The provisions of article:"The insured motor vehicle road traffic accidents caused by the vehicle, is the victim casualties, property loss 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."In accordance with the provisions of the car, the researchers excluded in cross strong insurance coverage, as a result of motor vehicle accidents, even though both parties of insurance compulsory insurance, but because the victim is a member of Party of motor vehicles, i.e."The car personnel"Their results, not in the vehicle insurance compulsory insurance, the scope of protection, is still by the other motor vehicle compulsory insurance to assume the liability for compensation, if the other vehicle less fault,"The car"The fault is larger, both comprehensive liability still appear upside down. Therefore, the system design is the fundamental cause of responsibility inversion. The legislation and judicial practice in various countries and regions of the world in the majority of the insured motor vehicle passengers into the security category of compulsory liability insurance. For example, Japan's "motor vehicle damage compensation law" article3The provisions:"For their own vehicles for operation purpose, its run against the life or health of others, for the damage liability......"This method is not on"Others"The scope is defined, the Supreme Court ruling which defines two"Others"The scope of:"Others"Refers to the operation of supply runs outside the direct, explicit, concrete in affected and enjoy the benefits of the person, including pedestrians, other vehicles on the victim, the accident was not driving the car accident drivers or auxiliary driver, by relatives, hitchhiking and work together for the the operation of indirect, latent, abstract dominating effect etc..[1]Compulsory automobile area of our country Taiwan "liability insurance law" article10Article2The provisions of paragraph:"Said the victim of this law, the automobile traffic accident causing injury or death of the person."Article11The provisions:"As mentioned in this Law refers to the claimant, the following may request the payment of insurance to the insurer or request for compensation to the special compensation fund: one, because of an automobile traffic accident harm, as the victim himself. Two, because of the death of automobile traffic accident, as the victim survivor; the sequence is as follows:(A)Parents, children and their spouses......"Article13The provisions:"Said the automobile traffic accident "as mentioned in this Law refers to the use or management of car accidents, causing passengers or outside the car third people death or injury."The three shows, people claim may request compensation insurance to insurance companies including the passenger car.[2]Such legislation and precedent interpretation, from the system to eliminate the factors responsible upside down the amendment of our legislation, worthy of reference. From the legal analysis, uninsured motor vehicle traffic accidents, motor vehicle shall bear the liability for damages in insurance liability limits, there is a legal basis. In continental law system of Germany to violate the law to protect others as the purpose, to others suffer personal injury or property loss, defined as one of three types of tort law, the obligation of compensation for the tort party damage.[3]Our country.Byelaw of inductrial injury insurance"Article60The provisions:"The employer fails to give workers for work injury insurance, industrial accidents, by the employing units in accordance with the "Byelaw of inductrial injury insurance"Treatment of inductrial injury insurance regulations and standards of the project payment."The provisions of the administrative regulations of the State Council while taking form, but in the relevant tort litigation as the employer shall assume the liability of compensation according to the people's court, essentially establishes a tort law system of China"Objective to violate type". Similarly, all motor vehicles in violation of the provisions of the "Regulations" the compulsory insurance uninsured, traffic accidents causing damage, the victim can't get cross strong insurance compensation, all motor vehicles constitute infringement, shall bear the liability of compensation in insurance liability limit. Accordingly, the crux of the problem, not the relevant provisions of local legislation, in fact the relevant local legislation is entirely correct. Lead to the real reason responsibility inversion, is "compulsory insurance regulations" article21The provisions of the motor vehicle traffic accident occurs between the situation, responsibility is not balanced. How to combine the relevant provisions of the local legislation, the correct interpretation of applicable "Road Traffic Safety Law"Article76And "compulsory insurance regulations" article21The provisions of article, in order to carry out "The general principles of the civil law"Article4The fair principle stipulation, has become a very important subject in the people's court in legal application.

This case occurred in guangdong. "Guangdong Province, the road safety regulations" article48The provisions:"Motor vehicle and non motor vehicle drivers, pedestrians, traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation. Over some of the limits of liability, the motor vehicle shall bear the liability; however, there is evidence of non motor vehicle drivers, pedestrians in violation of road traffic safety laws and regulations, motor vehicle drivers have to take the necessary measures, the motor vehicle shall bear the liability for compensation in accordance with the following provisions:......Did not participate in the compulsory motor vehicle third party liability insurance of motor vehicles in the car, the compensation shall be made for the lowest insurance liability insurance within the limits, of more than the minimum insurance limits of liability, compensation in accordance with the provisions of the first paragraph."According to the method of literal interpretation, did not participate in the compulsory motor vehicle third party liability insurance, by"Motor vehicles"The minimum insurance liability limit compensation in the car should be insured, the applicable scope is limited to"Motor vehicle and non motor vehicle drivers, pedestrians, traffic accidents"That is, the protection of non motor vehicle drivers, pedestrians of interest. No motor vehicle traffic accidents between into the rules or the same provisions, in the legislation should consider the factors; interpretation from the legislative purpose, but also with the establishment of the legislative purpose of the compulsory insurance system."The main aim of compulsory insurance is to protect the interests of vulnerable groups in road traffic, the personnel on the car and motor vehicles can be considered as a whole, in a strong group status in the process of road traffic, so the risk of strong security object should be motor car personnel excluded."[4]According to the purpose of legislation, "Regulations" article21The provisions of"The car personnel"In both motor vehicles, under the circumstances, should be objective expansion on the interpretation, which is interpreted as"The personnel on the car". The traffic accidents between motor vehicle and motor vehicles,"The personnel on the car"Not in cross strong insurance coverage. This can be explained, one motor vehicle traffic accident when the vehicle out of the cross strong insurance is outside the scope of the concept has also to balance both sides, motor vehicle liability, in line with the principle of fairness. In fact, not only in Guangdong Province local regulations for such regulations, local laws and regulations of Jiangsu province also made similar provisions. "Road safety regulations in Jiangsu province"2004Years10Month22Through)Article52The provisions:"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, did not participate in the compulsory third party liability insurance, the vehicle by the party in accordance with the car should insure the lowest insurance liability limit compensation."For did not participate in the compulsory insurance, also emphasized"The vehicle by the party"Compensation in accordance with the limits of the lowest insurance liability the vehicles shall be covered, is the exclusion of both motor vehicles. This is a case of traffic accidents between vehicles, of course, can not directly apply "Guangdong Province, the road safety regulations" article48The provisions. If also refer to the aforesaid provisions in traffic accidents between vehicles case, is made a further explanation of the local regulations. Therefore, after a trial of the first bear the liability insurance to pay strong again and other common tort liability compensation points clearly inappropriate, processing the results of reversed liability led to the emergence of negative principal, a responsible person, also contrary to the principle of fairness, not with the establishment of the legislative aim of compulsory insurance.

A division of the Supreme People's Court [people]

Did not participate in the traffic accident liability compulsory insurance of motor vehicle traffic accident should bear the responsibility, "Road Traffic Safety Law"There is no explicit stipulation. We tend to think that, did not participate in the compulsory motor vehicle third party liability insurance, should refer to "Road Traffic Safety Law"Provisions of article seventy-sixth of the treatment, but should be excluded for motor vehicle and motor vehicle uninsured traffic accidents caused casualties of the passengers in the car.

(Authors: Guangdong Province, Yangjiang City Intermediate People's Court of long gone with the wind

The Supreme People's court people a court Chen Xianjie)

   [Notes]

[1] Li Wei: "study" the legal system of compensation for damages in motor vehicle accidents in Japan, publishing house of law1997Year edition, No.91~92Page.

[2] Zhang Xinbao, Chen Fei: "the compulsory motor vehicle traffic accident liability insurance regulations understanding and application", Law Press2006Year edition, No.150Page.

[3] See the "German Civil Code" article823Article2Paragraph.

[4] Zhang Xinbao, Chen Fei: "the compulsory motor vehicle traffic accident liability insurance regulations understanding and application", Law Press2006Year edition, No.152Page.