Dispute over compensation for Liu Leisu Wang Weijian, Zhu Kairong, Tian An insurance Yancheng branch personal damages in the traffic accident

[Abstract] the referee
The insured by insurance companies to set up the marketing department to purchase motor vehicle third party liability insurance, marketing marketing personnel for the misappropriation of premium, will leave policies myself, consistent with the content and form of true policy after filling, with dedicated seal insurance company business forged, the marketing department sales staff in the marketing department sales and delivery of the insured. As a bona fide insured unwitting have reason to believe that the purchase of insurance is true, the policy is not in violation of the provisions of relevant laws, the marketing behavior in civil law should be regarded as insurance companies act. Therefore, although the policy holder holds the policy is false, but not accordingly from insurance company according to the insurance contract shall bear civil liability according to law.
Plaintiff: Liu Lei, male,22Years old, live in Jiangsu province Changshu winwell dormitory printing and dyeing Co. ltd..
　　Defendant: Wang Weijian, male,36Years old, live in Jiangsu province Zhu Pu Cun Shui Xiao Jian Zhen ring.
Defendant: Zhu Kairong, male,40Years old, live in Jiangsu Province town Tu Qiao cun.
Defendant: Tian An insurance Limited by Share Ltd Yancheng branch, address: Jiangsu province Yancheng City liberation road.
Person in charge: in Zhengxiang, general manager of the company.
The plaintiff and defendant Wang Weijian Liu Lei because, Zhu Kairong, Tian An insurance Limited by Share Ltd Yancheng branch (hereinafter referred to as the Cheonan Yancheng branch) the occurrence of road traffic accident damage compensate dispute, bring a civil lawsuit to the people's Court of Changshou City.
The plaintiff Liu Lei claims:2005Years7Month20Day22When Wu Zhuang Cun Miao village, in the south side of the driver, Wang Weijian accused Zhu Kairong of the Soviet UnionJFR978The three wheeled motorcycle U-turn, electric bicycle and the driver collided, caused by injured plaintiffs. Traffic police brigade that negative secondary responsibility Liu Lei, Wang Weijian negative accident responsibility. Requests that the defendant compensation for medical expenses, loss of working time fees, nursing fees, transportation fees, hospital food subsidies, medical fees24 172Yuan, disability to be identified and then put forward. In the trial, the plaintiff change related litigation request, claim compensation for medical expenses27 516Yuan, ambulance fee40Element, delay costs35 850Yuan, nursing fees7625Yuan, transportation costs1076Yuan, hospital food subsidies1125Yuan, nutritional costs3050Yuan, disability compensation28 168Yuan, mental injury solatium5000Yuan, meals325Yuan, meal3100Yuan, a total of112 875Element.
The defendant Wang Weijian, Zhu Kairong made no reply. 　　　　
The Tian An insurance Yancheng branch that: our receipt of the complaint and accessory material court plaintiff Liu Lei, upon checking, we never asked the defendant Zhu Kairong issued the motorcycle insurance documents, and found that the policy business with my company dedicated seal seal inconsistent, our company and the Zhu Kairong motorcycle insurance never form the insurance contract. Therefore, our company in this traffic accident compensation case should not assume liability to pay compensation for false guarantee slip. Request rejected the plaintiff to my company litigation request. 　　　　
Changshou City people's Court of first instance found:2005Years7Month20Day22PM, the defendant Wang Weijian driving SuJFR978"New sensation" are three wheeled motorcycle in Wu Zhuang Cun Miao village near South Road turn left at the time, the front wheel and by driving south to north of the plaintiff Liu Lei driving without license "love chick" on the right side of the bumper electric bicycle is collided, causing Liu Lei to injury, electric bicycle damaged. After the accident, the Changshou City Public Security Bureau Traffic Police Patrol brigade conducted a survey, in2005Years8Month1Japan made2005No.07126Confirmation number of traffic accidents, think Wang Weijian driving at night turn in the road, failed to do not impede the passage of other vehicles, is mainly responsible for the accident, the violation of "the people's Republic of China Road Traffic Safety Law" forty-ninth paragraph second and "road safety regulations in Jiangsu province" (article thirty-eighth a) the provisions of item; Liu Lei night driving without lights light and accident after the test for brake unqualified without license of electric bicycle and the speed is faster, is also a cause of the accident, the violation of "the people's Republic of China Road Traffic Safety Law" eighteenth paragraph third, thirty-eighth, "in Jiangsu province road traffic safety regulations," article sixteenth (two) the provisions of item, secondary liability mainly responsible for the accident, Wang Weijian negative negative Liu Lei of the accident.
The plaintiff Liu Lei after injury was rescued and sent to the Changshou City New District Hospital, was diagnosed with left open fractures of tibia and fibula, hospitalization12Day; then, Liu Lei into the Changshou City Second People's hospital treatment22Day;2006Years8Month15To19Day, Liu Lei in the Changshou City Second People's hospital treatment4Day.2006Years11Month17To12Month1Day, Liu Lei hospitalized in the Sixth People's Hospital Affiliated to Shanghai Jiao Tong University13.5Day.2006Years12Month1To12Day, Liu Lei continues to hospitalized in Shanghai Xuhui District Wanping district hospital11Day. In addition, the outpatient service in hospital and Changshou City Mei Li center hospital treatment after Liu Leishang. Liu Leihua went to the medical fee is27 556.70Element. Liu Lei after injury by his relatives to care. In the trial, the people's Court of Changshou City according to Liu Lei for the first people's Hospital of Changshou City, commissioned by the judicial identification of Liu Lei disability levels, delay period, the nursing period and the number of vegetative period, were identified. The in2007Years7Month9Make the appraisal conclusion, think Liu Lei have ten class disable open fracture of fibula left tibia caused by traffic accident; loss of working time period after injury to the residue of the day before, during and after the hospital stay90Japan should be1People care and giving nutrition support.
The other identified: the plaintiff Liu Lei weaving work printing and dyeing Co. Ltd. in Changshu Ying ring, its claims on income50Element. The defendant Wang Weijian driving the suJFR978"New sensation" are three wheeled motorcycle registered owner for the defendant Zhu Kairong. Wang Weijian to the Changshou City Public Security Bureau Traffic accident at Patrol Police Brigade provides SuJFR978"New sensation" are three wheeled motorcycle insurance policy (No.0500064813), the insurance policy reflect the motorcycle in the days Yancheng branch insured insurance period from2005Years5Month30Day0Up to the2006Years5Month29Day24Only when the limitation of liability20 000Insurance third comprehensive liability element. In the trial, the people's Court of Changshou City Yancheng City Public Security Bureau commissioned to suJFR978Are three wheeled motorcycle insurance policy (No.0500064813) to assist in the investigation, a policy marketing staff Liu Mingxing forged verified this policy in the Department of.
And find out: Tian Yancheng branch with a sales office in Xiangshui, the use of the Cheonan Yancheng branch of the marketing department's signing of the insurance contract business dedicated seal, Liu Mingxing served as the person in charge of the marketing department. Liu Mingxing during his tenure, forged the Cheonan Yancheng branch dedicated seal, privately printed business policies, and sales. In this case, the suJFR978Are three wheeled motorcycle insurance policy (No.0500064813Department of Liu Mingxing) by Xiangshui marketing salesman sold in the marketing department, the content to be completed by the salesman.2005Years9Month7Day, Tian Yancheng branch reported the case to the Yancheng City Public Security Bureau, said Liu star to2004Years12Months, Sike company seal, private Indian policy, for many people the cost of insurance.2005Years9Month30Day, the Yancheng City Public Security Bureau decided to place the case on file for investigation.2005Years10Month20Day, Liu Mingxing by Yancheng City Public Security Bureau of criminal detention on suspicion of crime of duty encroachment.2005Years11Month25Day, the Yancheng City people's Procuratorate on suspicion of the crime of contract fraud approved the arrest of Liu Mingxing. Liu Mingxing has now been Xiangshui County People's court to the crime of contract fraud and sentenced to. 　　　　
In this case the focus of controversy is whether the defendant: an Yancheng branch should undertake the insurance liability.
Changshou City people's Court of first instance that:
The plaintiff Liu Lei this accident caused by the loss of access to the courts at the time of2006Years4Month1The day before, according to the2006Years7Month1The provisions of the day before, motor vehicle traffic accidents caused casualties, property loss, the insurance company will compensate accidents caused losses in the third party liability insurance liability limits. Liability insurance company limited liability insurance in the third party liability insurance in the no fault liability, no matter whether the parties at fault accidents, the insurance company shall compensate. More than the insurance liability limit, motor vehicle and non motor vehicle driving traffic accident occurs, between the pedestrian, the motor vehicle shall bear the liabilities; 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, reduce motor vehicle liability side.
The defendant Wang Weijian after the accident the traffic police department to provide to the suJFR978"New sensation" are three wheeled motorcycle insurance policy (No.0500064813) is really false guarantee slip, but caused by criminal acts of Liu Mingxing, and Liu Mingxing in the implementation of criminal use of false guarantee slip, which is responsible for the security of Yancheng branch company located in Xiangshui's marketing department, false guarantee slip through the marketing department store sales of sales, visible Cheonan Yancheng branch of Xiangshui marketing management there are obvious fault process, the company forged false guarantee slip in the marketing department of Xiangshui Liu stars in sales. Therefore, the Cheonan Yancheng branch should take responsibility.
The traffic police department is the main responsibility of the accident, the defendant Wang Weijian negative plaintiff Liu Lei negative secondary responsibility of the accident is not wrong, be adopted. The defendant Wang Weijian, Zhu Kairong respectively as the suJFR978"New sensation" are three wheeled motorcycle driver and the registered owner, because both sides are not present in court, the court can not be identified by the exemption reasons, the Liu Lei caused in the accident loss of common liability. In view of the fact that Liu Lei had the accident has fault, secondary negative accident responsibility, should the corresponding compensation liability relief, Zhu Kairong Wang Weijian. By Wang Weijian, Zhu Kairong Liu Lei of accident losses80%Liability to pay compensation.
As for the plaintiff Liu Lei caused the accident loss and claim compensation, should be in accordance with the Supreme People's court "on hearing personal injury compensation case applicable legal interpretation" scope, items and standards are calculated.
About medical treatment cost, identified as27 556Element; a lost wages, identified as26 937.69Yuan; about nursing fee, identified as6100Yuan; about traffic fee, as appropriate, identified as800Yuan; about hospital food subsidies, identified as1125Yuan; about nutrition fee, identified as1525Yuan; about disability compensation, identified as28 168Yuan; about the mental damage solatium, identified as5000Element; a plaintiff Liu Lei advocated for meals, meals, do not belong to the legal provisions of the scope of compensation and the project, not support. 　　　　
In summary, the plaintiff Liu Lei caused the accident losses, including medical expenses27 556Element, delay costs26 937.69Yuan, nursing fees6100Yuan, transportation costs800Yuan, hospital food subsidies1125Yuan, nutritional costs1525Yuan, disability compensation28 168Yuan, mental injury solatium5000Yuan, for a total of97 211.69Element. By the Cheonan Yancheng branch within the liability limit in the range of third party liability insurance Liu Lei compensation20 000Element. For more than the limits of liability amount77 211.69Yuan, Wang Weijian by the defendant, Zhu Kairong80%Proportional compensation Liu Lei61 769.35Element. Wang Weijian, Zhu Kairong the court summons, refuses to appear in court without justified reasons, should be considered to abandon the respondent the defense rights for its adverse consequences, which may cause, shall be liable for its own. Accordingly, Changshou City people's court in accordance with the "PRC Civil Procedure Law" 130th, "the people's Republic of China Road Traffic Safety Law" the first paragraph of article seventy-sixth, the Supreme People's court "on certain issues concerning the application of law in the trial of personal injury compensation cases the interpretation of" the first, second, seventeenth, eighteenth, the provisions the Supreme People's court "about the problems of defining the civil right infringement spirit damage compensate responsibility explanation", eighth of the second paragraph of Article 1, article tenth, article eleventh, in2007Years11Month17Day of judgment:
A day, the Yancheng branch of the plaintiff's Liu Lei caused by traffic accident medical expenses, lost income, nursing fees, transportation fees, hospital food subsidies, nutritional expenses, disability compensation, mental damage solatium etc.20 000Yuan, in ten days after the entry into force of this decision in performance.
Two, the defendant Wang Weijian, Zhu Kairong compensation to the plaintiff Liu Lei caused by traffic accident medical expenses, lost income, nursing fees, transportation fees, hospital food subsidies, nutritional expenses, disability compensation, mental damage solatium etc.61 769.35Yuan, in ten days after the entry into force of this decision in performance.
Three, rejected the plaintiff Liu Lei's other claims. 　　　　
Tian Yancheng branch against the civil judgment of the first instance, to the Suzhou City Intermediate People's Court of Appeal said: (1) the court of first instance by a false guarantee slip and criminals in the public security departments of the statement that the insurance company management that the insurance company to assume the responsibility, no basis in law. (2The criminal Liu Mingxing) former people responsible for the company's marketing department of Xiangshui, but Liu Mingxing2004Years12Months to leave the company, since the2005Since then no longer is the insurance company Xiangshui marketing department responsible person, his criminal behavior and the insurance company's management and training, insurance companies shall not bear civil liability. (3In this case)2007Years10The summary procedure to an ordinary procedure, but10Month22Day trial the jury Ji Baoqi, Zhang Liyun did not appear in court, by Shao are single judge, program illegal, the result is invalid. Request the court of second instance shall be amended according to the law. 　　　　
The appellee, Liu Lei, Wang Weijian, Zhu Kairong made no reply. 　　　　
Suzhou City Intermediate People's Court of second instance trial by, confirmed the finding of facts. 　　
The second is another to ascertain,2007Years10Month22On the morning of8:30In Changshou City people's court fourth court second trial on the case, the people's jury Ji Baoqi, Zhang Li Yun were present at the trial, and the trial transcript signed. 　　
The focus of controversy is the second instance of this case: whether the appellant Cheonan Yancheng branch should undertake the insurance liability.
Suzhou City Intermediate People's Court of second instance that:
The appellant Cheonan Yancheng branch with a sales office in Xiangshui, the use of the Cheonan Yancheng branch of the marketing department's signing of the insurance contract business dedicated seal, Liu Mingxing admitted that the past chair of the marketing department, during his tenure, forged the Cheonan Yancheng branch business special chapter, privately printed policy, and sales. The Appellant maintains Liu Mingxing2004Years12Months to leave the company, since the2005Since it is no longer the appellant company Xiangshui marketing department person in charge, but failed to provide evidence that the. And in this case, the suJFR978Are three wheeled motorcycle insurance policy (No.0500064813Department of Liu Mingxing) by Xiangshui marketing salesman sold in the marketing department, the content to be completed by the sales staff, the content and form of policy and really consistent policy. A bona fide counterpart of the insured defendant in the original instance Zhu Kairong purchased third in the appellant Xiangshui marketing comprehensive liability insurance, Zhu Kairong had reason to believe that the purchase of insurance is true, the policy is not in violation of the provisions of the relevant laws, Xiangshui marketing behavior in civil law should be regarded as the appeal of human behavior therefore, though, Zhu Kairong holds the policy is fake, but this is by the appellant staff use their own behavior, Zhu Kairong do not know, the appellant shall strengthen supervision and management, civil liability therefore cannot therefore exempted from the appellant shall bear, Changshou City people's Court of appeal shall assume the liability for compensation is not bad in the insurance limit.
About the appellant Cheonan Yancheng branch to appeal for a trial program illegal because of inconsistent with the facts, not support. 　　　　
In summary, appellant Cheonan Yancheng branch can not be established, the trial court is not inappropriate, shall be maintained. Suzhou City Intermediate People's court in accordance with the "PRC Civil Procedure Law" article 153rd (a) the provisions of item, to2008Years6Month19The day of judgment:
　Dismiss the appeal, upheld the.
This judgment is the final judgment.

(the above content reproduced from the Supreme People's Court Network)