Construction vehicles parked in situ construction accidents are not cross strong insurance coverage

-- Hubei province Wuhan City Intermediate People's court decision in Yang Chuanhua v. insurance company life insurance contract dispute case

   The referee essence

   The case

   The plaintiff Yang Chuanhua in July 19, 2010 in the Chinese life insurance Limited by Share Ltd Xinyang branch (hereinafter referred to as the life-insurance company Xinyang branch), for all its license for S61670 prepared Xugong crane special vehicle purchase of motor vehicle traffic accident liability compulsory insurance (referred to as cross strong insurance). On May 6, 2011 afternoon 5 when make, the crane driver Wu Zhen in the Wuchang District of Wuhan City Sanjiang construction site lifting the vehicle operating sandbags, will work in another truck into the injured Song Xuelan. The judicial authentication, Song Xuelan disability grade seven; late rehabilitation costs 14000 yuan, rehabilitation and rest time is 10 months after injury, nursing time was 4 months (including the internal fixation duration of hospitalization). Therefore, Sue Song Xuelan reached after mediation content is: A, Yang Chuanhua in September 30, 2012 before the one-time payment of 80000 yuan Song Xuelan, as in the above period failed to meet Yang Chuanhua Song Xuelan, the one-time compensation 100000 yuan; two, Song Xuelan no longer has the dispute in any way to the three defendant claim. Since then, Yang Chuanhua asked the life-insurance company Xinyang branch company in insurance within the scope of compensation 120000 yuan fail, the proper court, request the life-insurance company Xinyang branch in the scope of compulsory insurance to pay the 120000 yuan of insurance and the life-insurance company Xinyang branch bear the cost of litigation cases.

   Referee

   Wuhan City, Hubei province Wuchang District People's court held that, Wu Zhen is in Yu S61670, Xugong crane hoisting cargo vehicle driving operation all of Yang Chuanhua's time Song Xuelan will be down to fall, the vehicle does not occur in the traffic accident, but the accident, does not belong to the traffic safety accident. The plaintiff Yang Chuanhua also believes it is an accident. "Motor vehicle traffic accident liability compulsory insurance regulations" provisions of article third, "said motor vehicle traffic accident liability compulsory insurance Ordinance, refers to the insurance company of the compulsory liability insurance of the insured motor vehicle traffic accidents caused by the insured vehicle, other than the victim of personal injury, property damage, the liability within the scope of compensation". The provisions of article forty-third, "motor vehicle traffic accident on the road outside the place, cause personal injury, property damage compensation, these regulations apply". The plaintiff Yang Chuanhua vehicle accident on the road outside the local construction of, rather than on the road outside the local traffic accident. Therefore, the plaintiff Yang Chuanhua asked the defendant life-insurance company Xinyang branch undertakes to indemnify 120000 yuan responsibility in compulsory insurance within the scope of the request, no legal basis. According to "the people's Republic of China Road Traffic Safety Law" 119th and "motor vehicle traffic accident liability compulsory insurance regulations" article forty-third, "the provisions of article 142nd of the PRC Civil Procedure Law", the court rejected the plaintiff Yang Chuanhua's claim. The plaintiff Yang Chuanhua refuses to accept, appeal. Hubei province Wuhan City Intermediate People's court verdict, dismissed the appeal, upheld the.

   Comment on

   "Motor vehicle traffic accident liability compulsory insurance regulations" stipulates that the third "said motor vehicle traffic accident liability compulsory insurance Ordinance, refers to the insurance company to the insured motor vehicle road traffic accidents caused by the vehicle, the insured outside of the victim's personal injury, loss of property, be compulsory liability insurance compensation at the limits of liability". The provisions of article forty-fourth "motor vehicle traffic accident on the road outside the place, cause personal injury, property damage compensation, these regulations apply". According to the provisions of article two, for the premise of compulsory insurance is accident belongs to a traffic accident or does not belong to the category of traffic accident category but the accident vehicles are caused human casualties, property loss.

   1 the construction site is "the regulations of the people's Republic of China Road Traffic Safety Law" category road for road, "the people's Republic of China Road Traffic Safety Law" article 119th, paragraph (a) "refers to the road, highway, city roads and even in a jurisdiction but allow social vehicle access place, including squares, public parking lots and other places for public passing". In this case, the location of the accident for the site construction site construction. As the building site, because the site construction environmental risk and certain closed, generally only allows the construction vehicles and construction personnel, traffic, and social vehicles and personnel are prohibited from entering the construction site, therefore, does not have the nature of public traffic. Therefore the construction site construction site does not belong to the "people's Republic of China Road Traffic Safety Law" article 119th (a) paragraph of road category. According to "the people's Republic of China Road Traffic Safety Law" article 119th (five), "traffic accident, regulations refers to the vehicle caused by faults or accidents on road casualties or property loss incident", traffic accidents have occurred on the road, so in the construction site accident does not belong to the traffic the accident.

   2 the construction vehicles parked should think in the traffic state so-called traffic in situ construction, not only of the vehicle is always in the running, but not only refers to the vehicle is in the running state, also is at rest but to pass state, such as red light, start engine etc.. These two kinds of state, the characteristics of vehicles are vehicles. In this case, the vehicle is a special vehicle, which can be used as a vehicle driving, and can also be used as a hoisting machinery construction work. In the event of the accident, the vehicle is parked in situ for lifting and non stop in place waiting for the traffic, the driver in the operation of vehicles, without waiting for the traffic's intention, the vehicle appears to be lifting mechanical properties, characteristics and non traffic tools. Therefore, in the case of the accident should not be regarded as the vehicle in the traffic accidents in. Therefore, the accident is neither the traffic accident, also does not occur in the traffic accidents in, so do not belong to the cross strong insurance coverage.

   The case number: (2013) the Wuchang civil at the beginning of the word no. 232nd, (2013) the Wuhan people's final words 1115th

   Case: Hubei province Wuhan City Intermediate People's courtYi Qili

   Source: People's Court on Thursday March 27, 2014