Traffic accident victims fault, the insurance company

Whether they should be responsible for the accident ratio according to the insurance compulsory insurance of vehicle claims

 

                                      Liu Junying

 [Points to note]

                     

"The people's Republic of China Road Traffic Safety Law" stipulates that the seventy-sixth "motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance compensation limit; lack of parts, in accordance with the following provisions shall bear the liability for compensation: (a) the traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility...." The main responsibility of negative accident victims of road traffic accidents, the insurance company according to the provisions in insurance liability limits the scope of all victims of the loss of compensation, claim or in accordance with the accident liability proportion the insured vehicle?

 

[The case index]

A: the people's Court of Qixian County (Trial2008Qi) issued Spain in the early Republican word article552No.

 [The case]

The plaintiff Zheng Kuaisheng, the father of Zheng Chunhui

The plaintiff Wu Fengnv, the mother of Zheng Chunhui

The plaintiff Wei Guoying, the wife of Zheng Chunhui

The plaintiff Zheng Yi, the son of Zheng Chunhui

The defendant Zhao Junping

The defendant Handan city Xi Xiang Transportation Company Limited

The Peoples Insurance Company of China Handan branch

The Peoples Insurance Company of China Handan Hanshan branch

The Peoples Insurance Company of China Handan Hanshan branch bank River Road Sales and service department

 

2007Years11Month29Day, Handan city Xi Xiang Ji Transportation Co. Ltd.D-82375Main car, HebeiDZ468Number of trailers in the Peoples Insurance Company of China Handan Hanshan branch bank river road marketing services (hereinafter referred to as the Zhu River Road Property Insurance Marketing Service Department) respectively for the motor vehicle traffic accident liability compulsory insurance.

 

2008Years9Month13Day03When the40In Hong Kong and Macao expressway, Beijing566Km and300Meters west Banfu Office (Qixian County), Zheng Chunhui driving JiangxiF-42659Heavy lorries and the defendant Handan city Xi Xiang transportation company hire drivers defendant Zhao Junping driving HebeiD-82375(HebeiDZ468Hung), general heavy semi-trailer rear end collision, resulting in Zheng Chunhui and the car passengers Feng Jun death, damaged two cars of different degree. Zheng Chunhui is not the driving of vehicles in the circumstances to ensure safety, the main negative accident responsibility; Zhao Junping driving motor vehicle safety and technical standards do not meet on the road, negative secondary responsibility. The loss of four plaintiffs: death compensation229541Yuan, funeral expenses10467.5Yuan, dependents Zheng Kuaisheng living expenses22176Yuan, Wu Fengnv living expenses26089Yuan, Zheng Yi living expenses54787Yuan, transportation costs1469Yuan, accommodation1500Yuan, mental injury solatium30000Element.

2008Years10Month8Zheng Chunhui's close relatives such as Zheng Kuaisheng four plaintiffs filed a lawsuit in court, requesting the court to judge: one, the Peoples Insurance Company of China Handan branch (hereinafter referred to as the Handan property insurance company), the Peoples Insurance Company of China Handan Hanshan branch (hereinafter referred to as Hanshan district property insurance company), Zhu River Road property insurance marketing service department joint four for the loss the plaintiff11Million yuan; two, the defendant Zhao Junping and Handan city Xi Xiang Transportation Company Limited joint compensation the plaintiff loss four134477.08Yuan, that the plaintiff's total loss less insurance company compensation40%.

 

[Trial] 

 

Qixian County people's court held that: "provisions of civil law of the people's Republic", "the citizen, legal person fault encroach upon state or collective property, infringement of property, person, shall bear civil liability." "The Supreme People's Court on Several Issues concerning the trial of personal injury compensation cases to explain" Regulations "the victim to the same occurrence or expansion of the damage of intentional, negligence,... Compensation liability may be mitigated or exempted, the obligation of reparation." In this case, the case of traffic accidents caused by illegal acts Zheng Chunhui, Zhao Junping two people occurred, the main responsibility negative Zheng Chunhui accident, Zhao Jun flat negative secondary responsibility, so the four part of the loss of property should be compensated, to30%Advisable.

 

"Regulations of the people's Republic of China Road Traffic Safety Law", "motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts,... Traffic accidents between motor vehicles,... Both parties are at fault, in accordance with their respective proportion of fault responsibility." Chinese Insurance Industry Association "cross strong insurance claims practices procedures" provisions "main vehicle and the trailer accident when used in connection with, people cross strong insurance main vehicle and the trailer are liable for compensation in the respective liability limits." Handan city Xi Xiang Ji transportation companyD-82375Main car, HebeiDZ468Trailer in Zhu River Road, the property insurance marketing services don't for a motor vehicle traffic accident liability compulsory insurance, insurance institutions should first of all in the main vehicle and the trailer respectively in cross strong insurance death and disability compensation within the liability limit of total220000Relatives of Zheng Chunhui and Feng Jun million yuan compensation.

 

Handan property insurance company, Hanshan district property insurance company, bank river path property insurance marketing service department was set up by a Peoples Insurance Company of China does not have the legal person status of the branches, has a certain property, can be relatively independent activity, part but still belongs to Peoples Insurance Company of China. Therefore, the Handan property insurance company, Hanshan district property insurance company, bank river path property insurance marketing service department should make joint compensation to the four plaintiffs in insurance liability limit.

 

"The Supreme People's Court on Several Issues concerning the trial of Personal Injury Compensation Cases Interpretation of the" Regulations ", the employees engaged in employment activities cause damage, the employer shall bear the responsibility for compensation; employees due to gross negligence or intentional damage, he shall bear joint and several liability for compensation and employer." Zhao Junping Handan city Xi Xiang transportation company hire drivers, Handan city Xi Xiang transportation company as an employer shall be liable for vicarious liability, compensation to the plaintiff to exceed strong insurance to pay some of the limits of liability. Zhao Junping as the direct infringer, agreed to assume the liability for compensation in accordance with the responsibility of the accident, the court shall support. The plaintiff beyond compulsory insurance liability limit part, by Zhao Junping and Handan city Xi Xiang transportation company joint compensation.

 

In accordance with "the people's Republic of China Road Traffic Safety Law" article seventy-sixth (a), "general rule of the civil law" 106th article second, "the Supreme People's Court on Several Issues concerning the trial of personal injury compensation cases to explain" the first paragraph of article second, article ninth, article seventeenth paragraph third, twenty-seventh one, twenty-eighth, twenty-ninth, "provisions of the Supreme People's Court on some issues of determining civil right infringement spirit damage compensate responsibility explanation", the decision as follows:

One, the Peoples Insurance Company of China Handan branch, Peoples Insurance Company of China Handan Hanshan branch, Peoples Insurance Company of China Handan Hanshan branch bank River Road Sales and service department joint compensation the plaintiff had told Zheng Kuaisheng, Wu Fengnv, Wei Guoying, Zheng Yi, funeral expenses, death compensation has been dependent for living expenses, the cost of transportation, accommodation, mental injury solatium. A total of110000Yuan; two, the defendant Zhao Junping, Handan city Xi Xiang Transportation Company Limited joint compensation the plaintiff Zheng Kuaisheng, Wu Fengnv, Guo Ying, Zheng Yi. The death compensation, funeral expenses, was dependent for living expenses, the cost of transportation, accommodation, mental injury solatium total23809Element.

After the verdict, the original, the defendant both sides did not appeal, the defendant to fulfill the obligations set automatic judgment.

 

[Comment on]

 

In this case, the plaintiff's attorney and a collegial panel of the larger differences of opinion, the "people's Republic of China Road Traffic Safety Law" article seventy-sixth (a) the understanding.

The plaintiff's attorney said: the insurance company should compensate all victims of the loss in insurance liability limit.

Motor vehicle traffic accident liability compulsory insurance does not have the commercial insurance voluntary and profitability. Driving a motor vehicle on roads inside China shall be strong risk of the insured to pay. Otherwise, the vehicle management department shall not be registered and inspection of motor vehicles. The CIRC shall be in accordance with the regulation on the insurance premium to insurance business in general do not break the principle. The insured motor vehicle as long as there is a fault in the accident, the size of motor vehicle accident liability insurance companies not covered in the first compulsory insurance liability limits the scope of all reasonable loss to the victim compensation; motor vehicle and non motor vehicle and pedestrian traffic accidents, a party no fault motor vehicle, the insurance company in insurance without compensation liability limit within the. This is where a motor vehicle traffic accident liability compulsory insurance and commercial third party liability insurance differences.

 

According to "the people's Republic of China Road Traffic Safety Law" seventy-sixth paragraph (a) of the Convention, the motor vehicle between the deaths and injuries caused by traffic accidents, property loss, the insurance company shall first of all victims of the loss in insurance liability limit for compensation. The insurance company paid for part of a never-ending, compensation by the responsible party responsible for the accident in accordance with percentage of their own. "The people's Republic of China Road Traffic Safety Law" stipulates that the seventy-fifth"... The vehicle to participate in the compulsory motor vehicle third party liability insurance, the insurance companies limit the scope of responsibility to pay the rescue expenses;..." It also confirms the insurance company does not make claims in accordance with the proportion of the vehicle accident liability principle.

The collegial panel that: China's civil law to take on the tort is mainly the principle of compensation for the damage, after the perpetrator acts of infringement and causes damage to others, the perpetrator should bear the liability for compensation to the others, to compensate the victim because of the behavior of the loss caused by the. "General rule of the civil law" provisions of article 131st of the negligence offset principle, "the victim also at fault for causing the damage, the civil liability of the infringer may be reduced." "The Supreme People's Court on Several Issues concerning the trial of personal injury compensation cases to explain" Regulations "the victim to the same occurrence or expansion of the damage of intentional, negligence,... Compensation liability may be mitigated or exempted, the obligation of reparation." The contributory negligence principle fully embodies the principle of fairness in civil law. In this case the victim negative main responsibility for the accident, to compensate the victim's relatives four plaintiff30%Loss, in line with the civil law of tort to fill the loss function. The insurance company shall first in insurance liability limits is four the plaintiff30%To compensate for the loss, in part by the lack of direct tortfeasor and the employer compensation.

 

"The purpose of legislation of motor vehicle traffic accident liability compulsory insurance Ordinance" is to guarantee the traffic accident victim to get compensation, but also to let the insured benefit, reduce or exempt the compensation burden. If calculated in accordance with the understanding of the agent, the plaintiff compensation will be much higher than the total loss30%, ultra high30%The part is added in the direct infringer and their employers' body, it's not fair.