In the traffic accident compensation, insurance companies tend toReferences to "motor vehicle traffic accident liability compulsory insurance regulations" article twenty-second, "the insurance clause" Ninth as the franchise's defense.

 "Twenty-second the provisions of compulsory motor vehicle traffic accident liability insurance regulations": any of the following circumstances, insurance company within the insurance pays rescue expenses in motor vehicle traffic accident responsibility, and shall have the right to recover the injurer: (a) did not obtain a driver's driving qualifications or drunk; (two) the insured motor vehicle theft and robbery during the accident (three) the insured deliberately causes a traffic accident. One of the circumstances listed in the preceding paragraph, traffic accidents, causing loss to the property of the victim, the insurance company does not assume responsibility. "Insurance" the ninth regulation: the insured motor vehicle in the (a) to (four) the traffic accident one case, cause the victim 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 it according to the administrative department of public health the State Council formulated traffic accident personnel trauma clinical guidelines and national basic medical insurance standard. In line with the provisions of the rescue costs, insurance in medical expenses limit of indemnity in advance. 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. To pay the rescue expenses, the insurer has the right to recover the injurer.

 But in the judicial practice, the insurance company based on the defense can not get the support of the court.

 Driving without a license, driving without a license accident third personal injury losses, the insurance company can not be in the cross strong insurance compensation limits deductible

   The case  On April 16, 2010 at zero twenty am, Qin Mou Lu P53309 car driving in Yanggu county too road from north to South Road to Di Zhuang Cun Nan Qiao Cun, due to illegal operations into retrograde tract and the Wang driving Lu P9P070 two motorcycle collided, causing two damage, Wang Mou to die on the spot. After the accident, Qin Mou abandoned car escape. By the Liaocheng Municipal Public Security Bureau Traffic Patrol Police Detachment of Yanggu brigade to accident, Qin Mou driving retrograde driving, driving without obtaining a driver's license of motor vehicle in violation of the relevant provisions of the "the people's Republic of China Road Traffic Safety Law", bear full responsibility for this accident; Wang does not bear the responsibility for the accident.
   Upon investigation, Qin Mou is Lu P53309 car owners, the car in the Cheonan insurance Limited by Share Ltd Liaocheng branch for insurance to pay strong.
   The insurance company to "motor vehicle traffic accident liability compulsory insurance regulations" article twenty-second, "the compulsory insurance clause" Ninth defense.
  
    Sentence
    
  The court thinks, citizens enjoy the right to life, the right to health, the right of body. Infringe upon the cause of death, should be compensation for funeral expenses and death compensation. The plaintiff claims the defendant to compensate the death compensation, funeral expenses, loss of property charges, the Tian An insurance company defense thoughtQin driving without a license, in accordance with the provisions of compulsory insurance regulations, is only pays rescue expenses, according to the rules of 2009 took him no. forty-second request reply, do not belong to the scope of liability.This house believes that the insurance company pays rescue expenses, not equal to the insurance company for exemption from liability. The cross strong insurance set up to require the insurance company to undertake the social responsibility of the injured third party, embodies the fundamental purpose of ensuring the victim can get timely treatment, with social public property. No motor vehicle driver is driving, victims have no responsibility, no guard, is a chance for the victim, unpredictable. The resulting risk, not by the victim to bear. Insurance Act twenty-two provisions, the driver for driving without a license to cause traffic accidents, the insurance company only from liability for property loss, does not expressly provides compensation to the victim of personal injury from the insurance company, the victim of personal injury compensation, in accordance with the principles of insurance compulsory insurance of social public interests and the public nature of compulsory insurance, reflected on the human rights of life and health of the respect and the concept of people-oriented, better balance the conflict of interests between the insurance company and the victim. Therefore, the insurance company shall bear the compensation for personal injury.

   Drunken driving caused third deaths, the insurance company can not be in the cross strong insurance compensation limits deductible.  

The July 1, 2007 afternoon 3 when, at the age of 40, Zhang took the 8 year old daughter, in Nanning City Kimpo road to cross the road, and he unfortunately motorcycle driving collided, Zhang after rescue invalid death. The traffic police to Hemou alcohol test, showing he was drunk driving.
   Traffic accident responsibility confirmation that: what a drunk driving and did not press formulary lane, fault is larger, should bear main responsibility; Zhang across the road does not leave the crosswalk, fault in the accident is small, should bear secondary responsibility; Zhang daughter does not assume responsibility for the accident.
   The dead Zhang relatives will Masan a insurance company branch Hemou and Hemou motorcycle insurance against to the court, claim the funeral expenses, death compensation, maintenance fee, the spirit of damages totaling about 300000 yuan
   The insurance company that, according to "compulsory insurance regulations" the relevant provisions, the driver drunk driving traffic accidents accident, no compensation insurer for victims of personal injury.
   Decision --
   The court thinks, although the "motor vehicle traffic accident liability compulsory insurance clause" (PICC clause No. [2006]1) the provisions of article ninth, the driver drunk driving cause losses and costs, the company shall not be liable for payment and compensation, but the State Council "motor vehicle traffic accident liability compulsory insurance regulations" provisions of article twenty-first, the losses of the traffic accident is deliberately caused by the victim, the insurance company shall not compensate. Thus, in addition to the situation, including drunk driving, the insurance company shall be liable for compensation within the insurance responsibility. Cross strong insurance is different from the general commercial insurance, commercial insurance in the past, the driver drunk driving, the insurance company will generally decline. But cross strong insurance is mandatory, it is there to protect the third party in traffic accident benefits, regardless of the driver drunk driving, whether there is fault, the insurance company should compensate the victim, unless the damage is intentionally caused by the victim.

     Stolen vehicle accident third personal injury, insurance companies can not cross strong insurance compensation limits deductible.
The case    September 2, 2009 afternoon, Ms. Lee in Qidong city was a ride two wheeled motorcycle man injured. The police investigation, found the vehicle insured in property insurance and Limited by Share Ltd, before the incident, the vehicle has been reported stolen. Traffic accident responsibility confirmation that: the accident by two wheel motorcycle driver take full responsibility, Ms. Lee has no responsibility.
   Ms. Li filed a lawsuit to the people's Court of Qidong City, require the insurance company in insurance limit compensation for the loss caused by traffic accident.
   The insurance company argued, the accident was stolen vehicle accident caused, and according to "compulsory insurance regulations" provisions of Article 22, not by an insurance company shall bear the responsibility.
   Decision --
   Qidong City People's court thinks, according to "compulsory insurance regulations" twenty-first the provisions of the first paragraph: the insured motor vehicle road traffic accident caused by the victim, the personnel casualty, loss of property insurance of people outside, by the insurance company in insurance liability limits the scope of compensation. As long as it is not the victim intentionally, shall not be relieved of liability insurance company under any other circumstance. Although the regulations prescribed in article twenty-second in "the insured motor vehicle stolen during the" four kinds of circumstances, the insurance company only in the limit range pays rescue expenses, resulting in the loss of the property of the victim, the insurance company does not assume liability to pay compensation, and shall have the right to recover damages caused by people, but not on the four kinds of circumstances next, the victim of personal injury to the exemption. The purpose of legislation from the "cross strong insurance regulations" look, the purpose of the legislation is to protect the motor vehicle road traffic accident victims to obtain compensation. From the legal logic, victims of motor vehicle driver general negligence can get compensation, four cases are specified in the regulations of article twenty-second, the victim of personal injury should be compensated by the insurance company. The judgement insurers Ms. Li medical expenses in cross strong insurance limits and other expenses, 120000 yuan.
   The above example shows that, in the judicial practice, when the road traffic accident compensation for personal injury occurred in either of the following circumstances: 1, did not obtain a driver's driving qualifications or drunk; 2, the insured motor vehicle theft and robbery of the period. The insurance company cited the "motor vehicle traffic accident liability compulsory insurance regulations" article twenty-second of the traffic accident victims as the franchise's defense, did not get the support of the court, the court still ruling insurance compensation to the victim in insurance liability within the scope of.   

   Thus, the motor vehicle compulsory traffic accident liability insurance is compulsory insurance, its purpose is based on the road traffic accident has caused harm to the public safety of life and property, the maximum extent for the victims to provide basic security, the protection of the citizen's health right. If the support of insurance compulsory insurance 22 defense and franchise, will appear in the perpetrators without compensation or compensation ability is insufficient, the rights of the victims can not be adequately protected, which violates the original intention of the establishment of compulsory insurance.