Retain as our country motor vehicle the quantity increases ceaselessly, the case also is in the traffic accident that people court accepts to grow all the time. In produce traffic postaccident, loss whether the compensation that gets seasonable, sufficient specified number, become the topic that party cares very. Guo of deputy presiding judge of front courtyard of administration of heart city quadrangle depends on static judge, will to everybody talk about the problem about the compensation in traffic accident.
Compere: Judge Guo hello, the loss that party gets in traffic accident, how should win compensation through lawsuit?
Guo Yijing: Party can be the accused to lodge a complaint with person of the everybody of tort car, management and insurance company, seek redress. Insurance can divide the car here to be mixed by force nearly to hand in danger of responsibility of commercial a third party, namely what we say normally " commercial risk " .
Compere: Should cast only protected " commercial risk " and " make strong narrow pass " , car advocate assume any responsibility no longer? You can join a particular case, analyse to everybody?
Guo Yijing: Traffic accident loss compensates for a problem to involve loss amount to maintain, hand in compensate of strong danger, business risk to pay order, responsibility scale differentiates, disclaimer effectiveness, the respect such as insurance company obligation, can undertake an analysis through the following case. The van that the car that Qiao Mou drives and Wang Mou drive produces collision, cause two cars damage. Policeman branch is maintained, qiao Mou bears main responsibility, wang Mou bears less important responsibility. The van that Wang Mou drives protects money risk company to cast in the person retain make strong danger, commerce narrow pass (1 million) reach not plan the danger that avoid compensate, during the accident happens in insurance inside. The loss that Qiao Mou causes because of traffic accident includes car caustic, rescuing cost, loss halting use, Qing Dynasty corrupt cost, appraisal cost.
Forensic court decision: Paying the compensation inside strong danger limitation by insurance company 2000 yuan, 30% what recoup odd car caustic, rescuing cost inside commercial risk limits; By Wang Mou compensation stops carry loss, Qing Dynasty corrupt 30% of cost, appraisal cost.
Compere: Through a moment ago analysis we can notice, the insurance company of tort car did not recoup total loss, is this why?
Guo Yijing: According to the provision that judicatory explains related the supreme court, the loss that because traffic accident is medium,causes to party, the insurance company that joins strong danger by accept insurance first is making strong narrow pass undertake compensatory inside limitation; Be not worth a part, by the insurance company basis of risk of accept insurance business insurance contract is undertaken compensatory; Still have inadequacy, undertake compensatory by the infringer. In this case, insurance company is falling limit of strong danger belongings inside, compensate of full specified amount pays 2000 yuan. According to agreement of commercial risk contract, insurance company is loss, clear to halting use corrupt charge of cost, appraisal do not grant to compensate for, the car was compensated for only inside limits of friend business risk caustic and rescuing charge, and loss halting use, clear corrupt cost, appraisal is expended criterion by the car advocate compensation. According to the relevant provision of insurance law, insurance company to commercial risk disclaimer used up clew and clear specification obligation, insurance company can avoid commercial risk liability to pay compensation.
Compere: How to judge insurance company to whether use up a:appellant obligation?
Guo Yijing: According to the regulation of insurance law and relevant judicatory explanation, insurance company is on the insurance proof such as insurance application, the character that causes policy-holder attention with enough, font, sign is other perhaps and clear the mark makes clew to disclaimer, ought to maintain insurance company to fulfil clew obligation. Insurance company reachs its law consequence to make the explanation that the ordinary person can understand explain to policy-holder with written oral perhaps form to the concept of disclaimer, content, ought to maintain insurance company to fulfil demonstrative obligation, but insurance company should assume quote responsibility to fulfilling afore-mentioned obligation. In the insurance application that this case go-between keeps money risk company to refer, place of statement of guarantee slip policy-holder is added black add thick, show the underwriter already undertook reasonable clew to policy-holder with respect to disclaimer. Tort car hangs the content that lean to shed a company to build official seal in policy-holder sound where there is a light, should regard insurance company as to already undertook making clear demonstrative to policy-holder with respect to disclaimer.
Compere: Vehicle of cause trouble car advocate the loss that whether answers insurance company not to grant to compensate for assumes total liability to pay compensation?
Guo Yijing: Traffic accident produces between motor vehicle, assume liability to pay compensation by the one party that has fault; Both sides has fault, partake according to the scale of respective fault responsibility. In this case, wang Mou assumes the less important responsibility of the accident, reason Wang Mou needs pair of losses halting use, Qing Dynasty only corrupt of cost, appraisal cost 30% assume liability to pay compensation.
Road ten million, safety first. Hope everybody is in piece notice transportation is safe certainly when travel, once produce traffic accident, ask everybody to take legal weapon in time to safeguard oneself legitimate rights and interests.
