[reproduced] "motor vehicle traffic accident liability compulsory insurance regulations" hot topic for assembly

From: Chinese CIRC website
The president: Hello, I would like to ask, causing deaths after the escape of drunk driving, cross strong insurance can claim? How to claim? Thank you.
Reply.
 According to the "Regulations of motor vehicle traffic accident liability compulsory insurance regulations" in article twenty-fourth, motor vehicle accident, personal injury victims of road traffic accidents in the funeral expenses, the cost of some or all of the rescue, the rescue fund to advance, rescue fund management institutions have recourse to the responsible person of the road traffic accident. At present, relevant departments are formulating "rescue fund management approach".
Message: Wu Fang  Message date: 2008-1-30 16:08:28
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 Failure to obtain a qualification in China Insurance Company of death and disability compensation for 50000 yuan, you can do "cross strong insurance regulations" to "did not obtain a driver's driving qualifications" of road traffic accidents, causing loss to the property of the victim, the insurance company does not assume liability to pay compensation. Why the insurance company to death and disability compensation for 50000 yuan decline? This reflects the cross strong insurance is different from commercial insurance, the main purpose is to protect the victim of traffic accident can obtain basic security, the attribute with the social welfare? One of the families of the victims
Reply.
 Hello, according to the "motor vehicle traffic accident liability compulsory insurance regulations" provisions of article twenty-second, did not obtain a driver's driving qualifications road property losses caused by traffic accidents, the insurance company is not liable for damages; caused personal injury, insurance, compulsory insurance liability limit range pays rescue expenses in motor vehicle traffic accident responsibility, and shall have the right to to recover the injurer. Thank you.
Message: Zhang Junhao  Message date: 2008-1-11 16:51:18
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On the mental damage compensation issues. Respected chairman Comrade: Thank you comrades see my case in the busy: I killed a man in the beginning of last year, the traffic police team sentenced for equal responsibility, the lawsuit to the court. The thirty thousand is the spirit of damages, then I get the insurance company, the insurance company said the thirty thousand in damages not to compensate, agreed rules, I asked the relevant personnel said. In cross strong insurance in the spirit of damages is to compensate. Then I looked carefully at cross strong insurance regulations. Which does not specify whether the spirit of damages to compensate. No explanation of the traffic accident is not to lose accident medical expenses. The death compensation and damages. So I think if I can bring mental damages to cross strong insurance to compensate, the rest of the lost business risks. So I wonder if it is feasible. Please Comrade chairman for study. Give me a definite answer. Finally, thank you again for president Comrade we the people concerned
Reply.
  Hello, "" motor vehicle traffic accident liability compulsory insurance Ordinance, the road traffic accident damage compensation items and standards in accordance with the provisions of relevant laws. According to "explain" the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case happens, personal injury law can obtain compensation projects a total of 15, including medical expenses, lost income, care, mental solatium. According to the "motor vehicle traffic accident liability compulsory insurance underwriting, claims for" practice points, comfort on spirit damage to the insured in accordance with the court judgment or mediation take gold, in principle, other compensation for the project in full compensation, the compensation for death and disability compensation limit.
The other compensation project has been in cross strong insurance death and disability compensation within the limit of compensation, compensation for mental injury solatium to the rest of the death and disability compensation for. Otherwise, no compensation in insurance death and disability compensation limit.
Message: Yang Gangjun    Message date: 2007-12-17 16:47:47
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I am a driver, I met such a thing in the accident: the traffic police to death and disability for understanding: the death, injury, disability, the traffic police to care the delay costs are included in the second medical costs 8000 yuan compensation range, beyond the part in commercial insurance compensation. But the insurance company to death and disability as: death, injury, disability, take care, the loss of working time fees included in the first item of death and disability 50000 yuan compensation range, does not think that there is excess, the traffic police in the commercial insurance in the part of a refusal, to compensate a part fee unless the traffic police to beyond the part included in the first 50000 yuan compensation range. I went to the handling of the accident the traffic police, put things after said to him, request to change the accident, traffic police in handling all the supervisor and the insurance company staff, said to me: This is different from the traffic police detachment and insurance companies understand, he has no right to change the accident treatment alone, want to change unless the traffic police detachment under the command. The traffic police and insurance companies push each other, make me in this super accident claims less thousands of yuan of money. I would like to ask: your insurance association is how to understand the "this four word death and disability", this happens you will be how to deal with?
Reply.
  Hello, basis "motor vehicle traffic accident liability compulsory insurance regulations" and "motor vehicle traffic accident liability compulsory insurance clause", death and disability limitation of liability refers to each accident caused the death of the victim, injured or disabled, except for payment of medical expenses (including salvage) expenses outside the maximum amount of compensation. Death and disability costs include lost income, nursing fees, transportation fees, accommodation fees, hospital meals allowance, nutritional expenses, disability compensation, disability AIDS charges, was dependent for living expenses, rehabilitation costs, follow-up treatment expenses, funeral expenses, death compensation, mental damage solatium and other reasonable expenses.
Message: Li Yong    Message date: 2007-11-21 18:40:03
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Hello: I would like to ask: my car in the test center has been over the line is qualified. But less than a month time. But the driving license is not limited. The traffic accident happened during this period, the insurance company is obliged to assume insurance responsibility?
Reply.
  Hello, according to the relevant provisions of the "compulsory motor vehicle traffic accident liability insurance regulations" and "motor vehicle traffic accident liability compulsory insurance clause", the insured motor vehicle are examined, does not affect the cross strong insurance payment.
Message: Cheng Qibin    Message date: 2007-11-15 11:17:04
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Cross strong insurance to repeat purchase can withdraw a? Because of a previous no record Che Kwun! Hope soon reply?
Reply.
  Hello, the insured motor vehicle of duplicate insurance compulsory insurance, the insured to the first effective.
Message: Tang Langjun    Message date: 2007-10-12 13:13:31
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On the compulsory insurance sub limits of motor vehicle traffic accident liability legal proposals Chinese Insurance Regulatory Commission: from "the people's Republic of China since the road traffic safety law" promulgated and implemented, insurance companies all over the court will cover most of the motor vehicle third party liability insurance as a litigant. "Before the promulgation and implementation of motor vehicle traffic accident liability compulsory insurance regulations", around the court, nature of the 2006 July 1 insurance of motor vehicle third party liability before the knowledge is not a verdict on all sorts of strange things. As the years provide the overall legal consultant firm for insurance companies, we deal with a lot of insurance cases (including motor vehicle third party liability insurance case) process, hope that the introduction of the "motor vehicle traffic accident liability compulsory insurance regulations", can solve the problem of motor vehicle third party liability insurance related issues. But the implementation of the ordinance for more than a year, we found: commercial motor vehicle third party liability insurance was not only the problems not solved, "motor vehicle traffic accident liability compulsory insurance regulations" in the provisions relating to "compulsory insurance sub limits, drunk or driving without a license if the compensation" and the emergence of new problems. One, current situation of road traffic accident damage compensation cases related to motor vehicle third party liability compulsory insurance problems. According to the actual situation to contact my road traffic accident damage compensation cases, local people's court held that: "pay strong risk" that limit is 60000 yuan, whether medical fees or damage or death and disability compensation costs, are limited to 60000 yuan. The reason is: "motor vehicle traffic accident liability compulsory insurance regulations" twenty-third article: "motor vehicle traffic accident liability compulsory insurance unified liability limit nationwide. Limitation of liability for death and disability compensation compensation quota limits, medical expenses limit, property damage compensation limit and the insured has no liability in road traffic accidents. Motor vehicle traffic accident liability compulsory insurance liability limit by the China Insurance Regulatory Commission jointly with the public security department under the State Council, the state health department, the State Council formulated by the competent department of agriculture." Yet the people's court did not find your commission "joint provisions jointly with the public security, health, agriculture" formulation. We tried to insurance companies find this provision, but we searched, only your committee announced in June 19, 2006 the "cross strong insurance liability limits and the basic rate". Therefore, the local court said: there is no basis "motor vehicle traffic accident liability compulsory insurance regulations" enacted legal "cross strong insurance liability sub limits". The occurrence of such a situation, cause all the verdict be totally different chaotic situation, serious damage to the insurance company, the interests of the parties, make traffic accident victims, motor vehicle drivers and owners, insurance companies and other parties in the face of traffic accidents is not know what course to take. What is more serious, it will lead to the lack of confidence in the rule of law, the authority, credibility of the administrative management function of affected to a certain extent, the construction of a harmonious society is also affected to a certain extent. Two, legislative proposals for motor vehicle traffic accident liability compulsory insurance liability limit and file. 1, for motor vehicle traffic accident liability compulsory insurance liability limit joint document is to improve the socialist legal system and the need to properly handle the traffic accident. "The people's Republic of China Road Traffic Safety Law" seventy-sixth article: "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." visible, insurance companies limit should be "pay strong risk" liability, and specific limits "of the people's Republic of China Road Traffic Safety Law" is not clear, but by the "motor vehicle traffic accident liability compulsory insurance regulations" shall be the. "Motor vehicle traffic accident liability compulsory insurance regulations" twenty-third article: "motor vehicle traffic accident liability compulsory insurance unified liability limit nationwide. Limitation of liability for death and disability compensation compensation quota limits, medical expenses limit, property damage compensation limit and the insured has no liability in road traffic accidents. Motor vehicle traffic accident liability compulsory insurance liability limit by the China Insurance Regulatory Commission jointly with the public security department under the State Council, the state health department, the State Council formulated by the competent department of agriculture". Visible, "motor vehicle traffic accident liability compulsory insurance regulations" shall be clearly item to "cross strong insurance" liability limit, but the specific amount of each sub limits authorized by the CIRC, some rules to determine. While the existing "compulsory motor vehicle traffic accident liability insurance clause" Department of CIRC unilaterally set, although the provisions of a very detailed, but because the program does not meet the "motor vehicle traffic accident responsibility compulsory insurance regulations," the provisions of article twenty-third, so its effect by various questions include the people's court, in spite of motor vehicle the traffic accident compulsory insurance policy to sub limits be clear, but still need to have the basis "motor vehicle traffic accident liability compulsory insurance regulations" article twenty-third to improve the legislation, in order to avoid differences, so as to make the legal system of the aspects of the perfect. 2, as soon as possible to develop the motor vehicle traffic accident liability compulsory insurance liability limit joint documents is the need to safeguard the interests of all parties. Standard setting limits of liability is not only related to the traffic accident victim's legitimate rights and interests, but also related to the insured's economic capacity. The subentry liability limit is commonly used in international practice, such as: Japan, South Korea, American, Taiwan and other countries and regions are in the compulsory insurance liability limit in the partial. The sub limits to risk characteristics with the personal injury and property damage to protection, to reduce the loss of uncertainty, so as to effectively control the risk, reduce the level of premium rate. "Regulations" provisions of the second paragraph twenty-third, motor vehicle traffic accident liability compulsory insurance liability limit by the China Insurance Regulatory Commission jointly with the public security department under the State Council, the state health department, the State Council formulated by the competent department of agriculture. Therefore, the China Insurance Regulatory Commission jointly with the relevant departments as soon as possible, starting from the basic demand to protect people's lives and property safety, combined with national conditions and the insured Chinese economic capacity, for the development of China's economic development and people's living needs of the compulsory insurance liability limit, is the urgent need to protect the interests of all parties concerned including the insured and victims, in accordance with the law. 3, specific procedures for motor vehicle traffic accident liability compulsory insurance liability limit and file. Suggest CIRC according to "motor vehicle traffic accident liability compulsory insurance regulations" twenty-third article: "motor vehicle traffic accident liability compulsory insurance unified liability limit nationwide. Limitation of liability for death and disability compensation compensation quota limits, medical expenses limit, property damage compensation limit and the insured has no liability in road traffic accidents. Motor vehicle traffic accident liability compulsory insurance liability limit by the China Insurance Regulatory Commission jointly with the public security department under the State Council, the state health department, the State Council formulated by the competent department of agriculture." Shall, jointly with the relevant departments under the State Council issued a joint document, forwarding, so as to completely eliminate the disputes. At the same time, through some form of "compulsory motor vehicle traffic accident liability insurance clause" of drunk driving, driving without a license and insurance deductible portion to be clear. I propose that, please weigh.
Reply.
 Thank you for insurance to pay strong work care! The healthy development of the insurance industry cannot do without the support of a person with breadth of vision like you. You to study cross strong insurance liability limit problems deeply, the judicial courts are summarized, the legislative suggestions are put forward on the basis of the pertinent.
"Motor vehicle traffic accident liability compulsory insurance regulations" twenty-third paragraph second, motor vehicle traffic accident liability compulsory insurance liability limit by the China Insurance Regulatory Commission jointly with the public security department under the State Council, the state health department, the State Council formulated by the competent department of agriculture. The China Insurance Regulatory Commission jointly with the relevant departments to develop cross strong insurance liability limit is completely legitimate, transparent. According to the "Regulations" provisions, CIRC jointly with the public security department, Ministry of agriculture, Ministry of health and other relevant departments, after repeated research and demonstration, combined with China conditions and consumer affordability, the formulation of suitable amount of compulsory insurance liability in China's economic development and people's living needs. In order to ensure that the limits of liability set scientific and reasonable, open and transparent, the China Insurance Regulatory Commission in May 24, 2006 and May 25th widely liability limit the program for private car, taxi, train operation, motorcycles, agricultural vehicles and other models of consumer representatives, for the relevant departments of the State Council Legislative Affairs Office, the Ministry of public security, the Ministry of agriculture, Ministry of finance, national the National People's Congress and the experts' opinions and suggestions. China Insurance Regulatory Commission in the foundation and actively absorb the social from all walks of life put forward opinions and suggestions on the "Regulations", in accordance with the provisions of principle, considering the current level of national economic development and the capacity of consumers, making cross strong insurance liability limit, and published in 2006 June 19 to the society.
Limitation of liability is not strong insurance to pay a fixed. With the development of the national economy to deliver strong insurance liability limit level will gradually improve, which is the international common practice. Compulsory insurance system over a period of time, the China Insurance Regulatory Commission will be based on the relevant provisions of the State Council "motor vehicle traffic accident liability compulsory insurance regulations", according to the specific conditions in the implementation of the national economic development level and system, jointly with the relevant departments, timely adjustment of the limits of liability. We will also actively reference advice for you, also hope you as in the past to support the insurance business, and suggestions for the healthy development of the insurance industry to!
The message: Mr. Hu    Message date: 2007-9-22 12:08:57
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The vehicle has to transfer, cross strong insurance does not transfer, China Insurance Company reasonable? What does the reason? Thank you!
Reply.
 Hello, "motor vehicle traffic accident liability compulsory insurance regulations" eighteenth article: "be transferred ownership shall handle the insurance of motor vehicles, motor vehicle traffic accident liability compulsory insurance contract change procedures." In order to protect the interests of victims in traffic accidents, provide effective protection for the victim, in the transfer of vehicle ownership of insurance, if traffic accidents caused casualties or property losses, the corresponding loss insurance company still should be in accordance with the provisions of the contract shall be paid. But the insured if non disclosure of important matters, the impact on insurance fee calculation, and caused by the policy of annual re approved insurance premiums rise, the insurer has the right to the insurance policy is correct, and in accordance with the policy year re approved insurance premium income.
Message: Wang Qingchi    Message date: 2007-7-5 15:19:55
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I will lend undocumented motorcycle driving, traffic accidents, causing one death, cross strong insurance death and disability compensation to compensate
Reply.
  Hello, according to the "motor vehicle traffic accident liability compulsory insurance regulations" relevant provisions of article twenty-second, the driver has not obtained a driving license, the traffic accident, the insurance company only in motor vehicle traffic accident liability compulsory insurance liability limit advances for rescue expenses within, and have the right to recover the injurer. The rest of the losses and costs, the insurance company is not liable for the obligations. Thank you.
Message: Wang Li  Message date: 2007-1-18 16:53:21
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  On the driver drunk driving that responsibility, whether compulsory insurance underwriting companies to compensate
Reply.
  Hello. The traffic accident drivers drunken circumstances, the victim is caused by the need to rescue the injured, the insurer after receiving written notice and medical institutions the traffic administrative department of the public security organs issued by the rescue expenses list, verify the health administrative department of the State Council in accordance with the organization of traffic accident personnel trauma clinical guidelines and national basic medical insurance standards, in line with the provisions of the rescue costs, the insurer to pay the medical expenses of compensation limit. 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 company shall not be liable for payment and compensation.