The insured vehicle accidents, the insurance company to compensate
Created:
/Author:
Aaron Lewis
The insured vehicle accidents, the insurance company to compensate
The editor:Wang Hui lawyer team
November 6, 2009At 8, Mr. Gu drove his wife and friends for a 6 people travel.Along the highway from West South Road to a corner, met Mr. Zhang large trucks driving running from east to west.The meeting process, Mr. Zhang was driving into the opposite lane, head-on collisions between two cars, Mr. Gu car was pushed back 15 meters, causing Mr. Gu and his family friend died on the spot, two cars were damaged seriously.
After the accident, the Municipal Public Security Traffic Police Brigade according to site survey, the statements of the parties, the testimony of witnesses confirmed, Mr. Zhang running in speed, accident prone sections overspeed and overload, crossing into the opposite lane is the cause of the accident.Therefore, Mr. Zhang should bear full responsibility.
Mr. Zhang driving the truck real owner is a logistics company.This car has been insured in an insurance company, the third party liability insurance liability limit is 300000 yuan.After the accident, several families of the deceased in addition to Mr. Gu wife out to the court, ask Mr. Zhang, a logistics company, an insurance company shall make compensation for the economic losses amounting to 150 yuan.
After the trial, the court that the defendant: Mr. Zhang overspeed and overload running, into the opposite lane is the cause of the accident, all shall bear the liability for compensation.A logistics company as Mr. Zhang's work unit should occur in the work of the traffic accident are jointly and severally liable.In view of the truck has insurance compulsory insurance and commercial third party liability insurance, insurance the insurance company Xianxingpeifu the personal and economic losses, in part by the lack of insurance third party liability insurance in the insurance company for compensation in its commitment to the limits of liability.
Analysis of Wang Hui's legal team traffic accident lawyer:
In the traffic accident responsibility confirmation, traffic is the basis for both parties to bear the corresponding responsibility division accident.In this case according to the traffic responsibility confirmation that Mr Cheung assume full responsibility, it shall bear all the human and economic losses.Duty behavior of Mr. Zhang's leading to the accident, the accident of a logistics company shall bear joint and several liability.In cross strong insurance after the implementation, the vehicle must cross strong insurance.According to the present regulation, strong insurance to pay the highest pay limitation is 122000 yuan.Vehicle insurance payment of 2000 yuan, is third (each other) vehicle regardless of injury to what extent, the maximum of 2000 yuan compensation; if it involves third people injured, then no matter how much the medical expenses, the highest paid 10000 yuan; if the third death, the maximum of 110000 yuan compensation.
Therefore, the case after the accident occurred, first by the insurance the insurance company to pay 12, 20000 yuan.In addition to compulsory insurance, a logistics company has insured commercial third party liability insurance, insurance company for compensation in the limitation of liability for 300000 yuan.Because the insurance company claims are still not enough to compensate, the remaining will be Mr. Zhang for compensation, a logistics company payment shall bear joint and several liability for the remaining.So that a car is best after the public insurance compulsory insurance, reinsurance a commercial insurance, cost is not very high, it can reduce their exposure to risk, safe and secure!
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