Should the company hit and run traffic accident compensation

The occurrence and the insurance company accident claims in general is to let the owners and victims are relatively big problem, according to insurance contract is obviously the such compensation, the results for this won't get that doesn't work, in a word, let others pay that call a difficult. We see in such a case, the vehicle accident, the insurance company should bear the responsibility for compensation.

The details of the case []

In May 20, 2011, a Toyota brand car pedestrian Zhang knocked down to injury, the car drivers drive escape, Zhang was sent to the people's Hospital treatment. After discharge, according to Zhang license plate number, find the owner Xu claims, the owner Xu said he will Toyota car lent friend Wang Mou, Zhang found Wang Mou claim, Wang said the vehicle to the Zhao, and "contract" to borrow the car. Zhang Zhao found multi search failed, Zhao has been missing.

In June 11, 2011, the traffic police team to issue a certificate of traffic accident, the Toyota car accident, accident investigation and handling of the situation is.

In July 4, 2011, Zhang Xu, Wang Mou, vehicle insurance company, a branch of the prosecution to the court.

[opinion]

Escape in the vehicle, the driver can not find out, accident responsibility to partition of the circumstances, whether the insurance company shall be liable for compensation?

The first kind of view: the driver of the case has not yet been identified, the responsibility in the accident has not been determined, the insurance company should not assume liability to pay compensation in insurance within the scope of.

The second kind of view: in this case, accident vehicle, whether the driver who, should bear full responsibility or liability, the insurance company shall be liable for compensation within the limit of liability.

[comments] lawyer

First of all, "the people's Republic of China tort liability law" fifty-third article: "motor vehicle driver flees after a traffic accident, the vehicle compulsory insurance, the insurance company shall make compensation in motor vehicle compulsory insurance liability limits......." From this article we can see, accident vehicle, the insurance company shall bear the liability for compensation is not to divide the responsibility accident clear is the premise.

Secondly, "the people's Republic of China Road Traffic Safety Law" ninetieth stipulates: "the accident occurred after the escape, escape take full responsibility for the party. However, there is evidence that the other party has fault, liability may be reduced......." From this article we can see, in this case, whether the driver who, should bear full responsibility, even if it could be demonstrated that the plaintiff Zhang has fault, the driver should also bear part of the responsibility. Whether the driver take full responsibility or liability, the insurance company shall be liable for compensation within the limit of liability.

Third, "the relevant provisions of motor vehicle traffic accident liability compulsory insurance regulations", as long as the driving motor vehicle to third damage, no matter who is the specific driver, insurance companies shall, within the limits of insurance liability to the victim has the unconditional obligation of compensation, at the same time, the law also gives the victim directly request for insurance the company's rights.

To sum up, in this case, although the accident vehicle, unable to determine who is the driver, but the driver should be determined to undertake the responsibility, so the insurance company shall be liable for compensation within the limit of liability.

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