After road transportation accident happens, if motor vehicle is in insurance company place to cast,defend relevant insurance, cause trouble person tenable recoup relevant loss by insurance company. But if the scene leaves after traffic cause trouble,call the police again result how? Cause trouble person by who is the loss assumed?
Reviewing of details of a case
Sun Mou is cast in insurance company protected motor vehicle loss to be sure. Zero hour of some day of before dawn, sun Mou drives accident of car happening home remedy, cause car damage, the Sun Mou after accident happening leaves the scene, and that day 1 when make 20 minutes, dial 110 call the police. Policeman branch goes out alarm hind did not discover Sun Mou in spot reconnaissance process, and dial a phone to contact Sun Mou for many times not if really, toward the hospital Yiwei discovers Sun Mou trail before the policeman. Policeman branch maintains pending of spot of Sun Mou nonperformance finally to handle obligation, do not protect the spot, abandon a car to leave trouble spot however, escape for traffic cause trouble, assume an accident total liability.
Sun Mou appeals to after to Qingdao city namely court of people of Chinese ink division, requirement insurance company undertakes compensatory with respect to car loss, refer a hospital to make a diagnosis and give treatment to the court in front courtyard careful relevant evidence, saying to be not is to escape to undertake cure to the hospital however. Insurance company leaves trouble spot with Sun Mou, accident reason, property cannot be maintained and did not report a case to the security authorities to insurance company up to now for reject to compensate for.
Namely Chinese ink court thinks via cognizance, after accident happening, although Sun Mou calls the police, did not maintain connection with policeman branch however, cooperate policeman branch to make a thorough investigation of accident reason, wait with eliminating wine to drive drive person oneself reason, belong to the main content avoiding compensate of clauses agreement, the franchise clause content that insurance company has escaped to cause trouble used up clew obligation, insurance liability ought to be absolved lawfully. Reason, insurance company does not assume responsibility of compensatory insurance gold, reject Sun Mou's lawsuit to request. Sun Mou refuses to obey first instance court decision, mention appeal, court decision of court of Qingdao city intermediate people rejects appeal, maintain original judgement.
Judge view
" law of insurance of People's Republic of China " the 21st regulation: "Policy-holder, insurant or after beneficiary beneficiary knows insurance accident happens, ought to inform an underwriter in time. Intended or because weigh big error to inform not in time, cause rate of the property of insurance accident, reason, loss to wait for what decide hard, the underwriter is right the share that cannot determine, do not assume compensation to perhaps give the responsibility that pays insurance gold, but the except that the underwriter knows already in time through other way or ought to know insurance accident in time to happen " . Till after car maintenance ends, the Sun Mou in this case did not report a case to the security authorities to insurance company from beginning to end, behoove bears corresponding consequence.
In the meantime, traffic cause trouble escapes in belonging to law, administrative regulations, prohibit the condition that the gender sets, also belong to the disclaimer that insurance code decides. " top people court is sure about applicable < People's Republic of China law > the explanation of a certain number of problems (2) " the 10th, eleventh regulation: "The underwriter prohibits law, administrative regulations mediumly the condition that the gender sets regards insurance contract as disclaimer avoid duty main content, the underwriter should make clew to this clause " ; "When insurance contract concludes, the underwriter is in insurance application or on the other insurance proof such as insurance policy, to the item of underwriter responsibility is being exempted in insurance contract, the character that causes policy-holder attention with enough, font, sign is other perhaps and clear the mark makes clew, people court ought to maintain his to fulfil clew obligation. " in this case, insurance contract escapes mediumly the clauses that avoid compensate undertook adding thick, add black processing, can prove to cast the underwriter when protecting to already undertook clew to policy-holder Sun Mou, the insurance liability of insurance company ought to be absolved.
In dispute of contract of motor vehicle insurance, especially in bicycle accident, ought to ask insurant burden proves an accident reason, property and drive the person is in comfortable the proof responsibility that draws position, otherwise, the spot leaves to will become wine to drive after accident happening, the port that poison drives the person that wait to drive illegally, cannot advocate effectively drive legally, what abide by chapter defends record is good drive fashion, the social behavior that goes against implementation judicatory referee is how-to function.
