Interpretation of the Supreme People's Court on the law applicable to a number of road traffic accident damage compensation cases

　

(by the Supreme People's Court on September 17, 2012 the 1556th meeting of the judicial committee)

Interpretation (2012) No. 19

　

Notice of the Supreme People's Court of the people's Republic of China

　

"Explain" the Supreme People's Court on the law applicable to a number of road traffic accident damage compensation cases of the Supreme People's Court on September 17, 2012 the 1556th meeting of the judicial committee, is hereby promulgated, shall enter into force as of December 21, 2012.

Supreme People's

November 27, 2012

　

For the case of road traffic accident damage compensation correctly hearing, according to "the people's Republic of China tort liability law of the people's Republic of China" "" "contract law of the people's Republic of China Road Traffic Safety Law of the people's Republic of China" "" "insurance law of the people's Republic of China Civil Procedure Law" and other legal provisions, combined with the judicial practice, this interpretation is formulated.

　

That one, about the subject of liability

　

The first motor vehicle traffic accident damage, the vehicle owner or the manager of one of the following cases, the people's court shall identify the fault occurrence of damages, and the applicable provisions of tort liability law forty-ninth to determine its corresponding liability of compensation:

(a) knows or ought to know the vehicle defects, and the defects is one of the causes of traffic accidents;

(two) knew or should have known that the driver has no driving qualification or not to obtain the corresponding driving qualified;

(three) knew or should have known that the driver who has drinking, taking state control of psychotropic drugs or narcotics, or suffer from diseases hinder safe driving of motor vehicles shall not drive a motor vehicle;

(four) the other shall be deemed as the motor vehicle owners or managers who is at fault.

Second without permission to drive others to motor vehicle traffic accident damage, the parties requested by the motor vehicle driver shall assume the liability of compensation in accordance with the provisions of article forty-ninth of the tort liability law, the people's court shall support. The vehicle owner or manager is at fault, shall bear the corresponding liability for compensation, except those with circumstances stipulated in tort liability law article fifty-second.

Motor vehicle third anchored form to engage in business activities of road transportation accident damage, which belongs to the motor vehicle party liability, the parties request by the affiliate and the affiliated person shall bear joint and several liability, the people's court shall support.

Fourth was transferred many times but did not apply for transfer of registration of motor vehicles in traffic accident damages, which belongs to the motor vehicle party liability, the parties requested by the last transfer and delivery of the assignee shall assume the liability of compensation, the people's court shall support.

Fifth deck motor vehicle traffic accident damage, which belongs to the motor vehicle party responsibility, the parties requested by all deck vehicle or manager shall bear the liability for compensation, the people's court shall support the deck; by the motor vehicle owners or managers who agreed to set licensing, it shall bear joint and several liability and all deck vehicle or management people.

Motor vehicle sixth assembling cars, have to be scrapped or to prohibit other vehicles were repeatedly transfer, and the occurrence of traffic accidents, the parties requested by all of the transferor and the transferee shall bear joint and several liability, the people's court shall support.

Seventh receive motor vehicle driver training personnel, the traffic accidents caused by motor vehicle damage driving in training activities, which belongs to the motor vehicle party liability, the parties request driver training unit shall bear the responsibility for compensation, the people's court shall support.

Eighth vehicle test caused by damage to the traffic accident by the process, the request of the parties, provided by service providers shall assume the liability of compensation, the people's court shall support. Try taking a person is at fault, the liability for compensation shall be provided by the service providers to reduce.

Ninth due to road maintenance defects lead to motor vehicle traffic accident damage, the parties request road managers to bear corresponding liability for compensation, the people's court shall support, but the road manager can be proved to have been in accordance with the laws, regulations, rules and regulations, national standards, industry standards and local standards do safety protection, alarm management except for maintenance obligations.

In accordance with the law shall not be allowed to enter the highway vehicles, pedestrians, enters the highway traffic accidents caused by damage, the parties request the highway managers assume liability to pay compensation, the applicable provisions of tort liability law article seventy-sixth.

Tenth because on the road stacking, dumping, Yisa items such as to impede the passage of behavior, causing traffic accidents, the parties request act shall assume the liability for compensation, the people's court shall support. The road manager cannot prove that in accordance with the laws, regulations, rules and regulations, national standards, industry standards and local standards to do cleaning, protection, alarm, obligations, shall bear the corresponding compensation liability.

Eleventh not in accordance with the mandatory provisions of the law, regulations, rules or national standards, industry standards, local standards for design, construction, leaving road defects and causing a traffic accident, the parties request the construction units and construction units shall bear corresponding liability for compensation, the people's court shall support.

Twelfth vehicle product defects lead to damages caused by a traffic accident, the parties request the producer or seller in accordance with the provisions of the tort liability law fifth chapter of liability, the people's court shall support.

Thirteenth multi motor vehicle traffic accidents caused by damage to the third party, the parties request a plurality of the infringer shall assume the liability of compensation, the people's court shall distinguish between different circumstances, in accordance with the provisions of the tort liability law tenth, eleventh or twelfth, the determination of infringement shall bear joint and several liability or liability by shares.

　

The qualification of the two, about the scope of compensation

　

Fourteenth road traffic safety law seventy-sixth stipulation "casualty", refers to a traffic accident is tort infringement right of life, right of health and personal rights and interests of the damage, including the tort liability law article sixteenth and the provisions of article twenty-second.

Road traffic safety law seventy-sixth stipulation "property damage", is the result of motor vehicle traffic accident against infringement of property rights caused by the loss of.

Fifteenth due to road traffic accidents caused by the loss of property, the parties request the infringer to compensation, the people's court shall support:

(a) carrying goods repair damaged vehicle costs, vehicle, vehicle rescue expenses loss;

(two) could not be repaired due to loss of or for the purchase of vehicles, the traffic accident damaged vehicles and vehicle replacement cost value;

(three) engaged in cargo transport, passenger transport and other activities in accordance with the vehicle, due to reasonable outage losses cannot be engaged in relevant business activities generated by the;

(four) non operating vehicles are unable to continue to use, usually alternate transportation reasonable costs incurred.

　

Three, about the responsibility cognizance

　

The compulsory sixteenth also insured motor vehicle third party liability insurance (hereinafter referred to as "insurance") and third party liability insurance (hereinafter referred to as the "commercial three party insurance") of motor vehicle traffic accident damage, the parties also sued in tort and insurance company, the people's court shall determine the liability for compensation in accordance with the following rules:

(a) the insurance the insurance compensation within the liability limit;

(two) the insufficient part, underwritten by commercial three party insurance company shall make compensation for the losses according to the insurance contract;

(three) there is still insufficient, in accordance with the relevant provisions of the road traffic safety law and tort liability law by tort compensation.

The victim or his relatives to request insurance the insurance company priority of compensation for spiritual damages, the people's court shall support.

Seventeenth insured allows the driver to drive a motor vehicle causes damage to the insured, the request of the parties to underwrite the insurance compensation within the liability limit, the people's court shall support, but if the applicant is the personnel on the car except.

Article eighteenth in any of the following circumstances lead to third party personal injury, the request of the parties to insurance compensation in insurance liability limit, the people's court shall support:

(a) did not obtain a driver's driving or not to obtain the corresponding driving qualification qualification;

(two) the drunk, taking state control of psychotropic drugs or narcotics after driving motor vehicle traffic accidents;

(three) the driver deliberately causes a traffic accident.

The insurance company in compensation for tort claims within the right of recourse, the people's court shall support. Calculated from the actual date of the insurance company for the period of limitation of action of recourse.

Nineteenth fails to buy compulsory insurance of motor vehicle traffic accident damage, the parties request the insured obligations of compensation in insurance liability limit, the people's court shall support.

The insured obligations and the infringer is not the same person, the request of the parties to insurance obligation and tort liability in insurance liability limit, the people's court shall support.

Twentieth has engaged in cross strong insurance business qualification of the insurance company refused to underwriting, underwriting or delay the illegal illegal dissolution of insurance contract, the insured obligations to bear the liability to pay compensation to third people, request the insurance company to assume the corresponding compensation liability in insurance liability limit, the people's court shall support.

Twenty-first multi motor vehicle traffic accidents caused third people to damage, loss of the motor vehicle compulsory insurance liability beyond the limit, and, by the insurance companies in their respective liability limit shall bear the responsibility for compensation; loss does not exceed the motor vehicle compulsory insurance liability limit and, where a party concerned requests by the insurance company according to the limitation of liability and the limit of liability and liability ratio, the people's court shall support.

In accordance with the law are strong risk of the insured to pay the tractor and trailer connection occurs when using the traffic accidents caused by damage to the third party, the parties request compensation from the insurance company an average of the liability limit within their own, the people's court shall support.

Multi motor vehicle traffic accidents caused by damage to the third party, which part of the motor vehicle uninsured party requests by the insured, the insurance company shall make compensation within the liability limit, the people's court shall support. The insurance company is beyond its should bear the obligation to insure part to uninsured people or the infringer recourse, the people's court shall support.

Article twenty-second the same traffic accident more infringement and prosecution, the people's court shall be in accordance with the amount of compensation for infringement of compulsory insurance to determine the proportion of the loss.

Twenty-third motor vehicle ownership in insurance contract within the valid period of change, the insurance company in traffic after the accident, the motor vehicle compulsory insurance contract fails to go through the alteration formalities on the grounds that the exoneration from the liability for compensation, the people's court shall not support.

Motor vehicle compulsory insurance within the validity period of the contract occurs, use to change the nature of modified caused increase in the degree of risk situations, after a traffic accident, the parties request insurance compensation within the liability limit, the people's court shall support.

The case, the insurance company shall prosecution request the insured obligations in accordance with the re approved after the insurance premium standard complement current of insurance premium, the people's court shall support.

Invalid article twenty-fourth party claims cross strong insurance casualty insurance claim transfer or pledge behavior, the people's court shall support.

　

Four, the provisions concerning procedure

　

Twenty-fifth Court Road traffic accident damage compensation, shall cover the insurance company as a co defendant. Except for the insurance companies in insurance liability limits the scope of compensation and the parties have no objection.

The people's court cases of road traffic accident damage compensation, the parties request the underwriting commercial three party insurance company as a co defendant, the people's court shall permit.

Twenty-sixth infringee dies due to road traffic accidents, no close relatives or close relatives are unknown, not legally authorized organs or relevant organizations to the people's court claim compensation for death, the people's court shall not accept the.

The infringer to has not legally authorized organs or relevant organizations to pay compensation for death as the reason, to claim for the insurance compensation in insurance liability limit, the people's court shall not support.

If the infringee dies due to road traffic accidents, no close relatives or close relatives are unknown, the payment is reasonable expenses the infringer medical expenses, funeral expenses and other units or individuals, to claim for the insurance compensation in insurance liability limit, the people's court shall support.

The book that made twenty-seventh traffic management departments of public security organs of the traffic accident, the people's courts shall review and confirm the probative force, except where there is evidence to the contrary to overthrow.

　

Five, the provisions on the scope of application

　

The case caused twenty-eighth vehicles on the road outside the place of damage, can explain the applicable provisions of this.

Twenty-ninth this interpretation shall not apply to the case after the final, this interpretation; this interpretation which is the party applying retrial, retrial according to the procedure of judicial supervision or decide the case, do not apply this interpretation.