On August 30, court of Tai'an city intermediate people holds a press conference, bulletin 2013-2017 comes every time case of issue of liability of accident of motor vehicle traffic tries a case, announce typical case 6 cases at the same time.
(neat Lu Wan signs up for neat Lu Yi to nod Ai Xiandong of reporter Wang Kun's reporter)
Typical case
Case one: Rely on a form in order to hang to be engaged in road carrying management activity, hang rely on support of the people to be hanged to rely on a person to assume joint liability
[basic details of a case] Kong Mou drives heavy-duty hang tractor to take heavy-duty and common semi-trailer and Ge Mou to drive partly common accident of transportation of road of 2 rounds of autocycle happening, cause loss of two cars share, send Ge Mou to get hurt. Kong Mou assumes the full responsibility of the accident. Operation certificate of cause trouble car is registered in under one's name of road wide company.
[juridical result] court of first instance thinks, cause trouble car is cast in insurance company protect make strong narrow pass, should meeting strong danger duty by its liability to pay compensation is assumed inside limitation, be not worth a part, assume liability to pay compensation by its according to fault degree of Kong Mou. Road wide company assumes joint liability to Kong Mou's liability to pay compensation. Quadrangle 2 careful think, the operation certificate that road wide company approbates cause trouble car and travel card all are registered in under one's name of road wide company, and become effective court decision already was found out, accident car department is hanged rely on to be in wide firm department, die business concern cannot topple wide company of accident car and road hang rely on a relation, first instance adjudicates by hang rely on support of the people to be hanged to rely on a person to assume joint liability correct, give maintain.
[typical meaning] hang lean, it is one of society of our country economy distinctive appearance, it is to have what road carries business certificate to be hanged to rely on a person to be hanged to what do not have road to carry management qualification essentially rely on a person to be made over illegally, the behavior that rents road carries business certificate, in jural should give negatory opinion. " top people court about hearing case of damages of road transportation accident applicable law the explanation of a certain number of problems " the 3rd regulation: Damage with hanging the motor vehicle that relies on a form to be engaged in road carrying management activity to produce traffic accident to cause, attribute responsibility of one party of this motor vehicle, party requests by hang those who rely on support of the people to be hanged to rely on a person to assume joint liability, people court should grant to support. This carries operator to want to abide by the administrative regulations regulation about market admittance strictly with respect to demand way, prohibit carrying car to hang rely on to manage.
Case 2: State of victim oneself constitution does not attribute the legal status that reduces infringer liability
[basic details of a case] Cao Mou drives motor vehicle contuses Cheng Mou, policeman branch maintains Cao Mou to assume an accident total liability, cheng Mou is unaccountable. Rachitis of sex of Cheng some rigidity and disable sex of grade existence correlation. Rigidity sex rachitis is less important action, participate in degree of assess for 25% .
[juridical result] court of first instance thinks, the appraisal conclusion that disability compensation of Cheng Mou makes according to appraisal orgnaization, rachitis of sex of purify Cheng some rigidity and disable the 25% parts of sex of grade existence correlation, because traffic accident injures 75% parts,calculate only; Cost of delay one's work, nurse the regulation of computational standard be good law that allowance of food of cost, be in hospital expends, give support. Quadrangle 2 careful think, disability compensation of Cheng Mou ought to according to disable grade computation, because of,hospitalization is fastened completely traffic accident be caused by, cost of the medical treatment cost of because of be in hospital immediate expenses, allowance of food of be in hospital, nurse cost of cost, delay one's work, follow-up cure cost, transportation expenses and appraisal cost, rescue them the loss such as cost all should be assumed by insurance company.
[typical meaning] individual constitution is mixed by congenital heredity will obtain the day after tomorrow form, it is the objective trait that human performance and configuration show pair of stability, consult top people court case of the 24th directiveness, victim constitution state is not the account that traffic accident produces, it is the objective element that the accident causes consequence only, tort behavior of the infringer just is to cause the immediate cause that damages consequence, cannot reduce the infringer's liability because of constitutional state of the victim. When producing traffic accident, although victim oneself contracts a disease, also cannot reduce the infringer's liability to pay compensation accordingly.
Case 3: Driver wine is driven, insurance company still is meeting strong danger duty to victim person harm undertakes compensatory inside limitation
[basic details of a case] Liu Mou drives the small-sized car barge against that small-sized and average passenger car and Wu Mou drive, cause Wu Mou to get hurt, the road transportation accident that car is damaged. Classics policeman branch is maintained, liu Mou assumes an accident total liability. Wu Mou asks insurance company is paying the compensation inside strong danger limitation its person loss and belongings loss.
[juridical result] court of first instance thinks, insurance company joins company of strong risk accept insurance as accident car, should provision of according to law is making strong narrow pass liability to pay compensation is assumed inside limits. Adjudicative insurance company is handing in medical treatment of Wu Mou of the compensation inside strong danger limitation to expend 10000 yuan, delay one's work expends 879 yuan, nurse expend 720 yuan, car loss 2000 yuan. Quadrangle 2 careful think, liu Mou fastens drunk wine to drive motor vehicle, to person insurance of damage of Wu Mou the company is paying the compensation inside range of limit of strong danger liability, should not give to belongings loss insurance company of Wu Mou compensation, give to the case change the original sentence.
[typical meaning] the pressing sex that is based on rights and interests of victim life health to safeguard and necessity, although driving,the case that the person puts in serious mistake falls, hand in strong danger underwriter to still want to undertake compensatory to the victim, and belongings losing compensation is done not have apparently so pressing. Closely related the safeguard level that reachs strong danger and the level of economic society progress of one country, will drive serious mistake circumstance lays the person hand in strong danger to compensate for demarcate to damage limits in person inside, relatively accord with at present the actual state of society of our country economy is mixed demand.
Case 4: In reaching contract of strong risk insurance " become effective of morrow zero hour " the clause is invalid
[basic details of a case] on July 18, 2015 morning, wang Mou is cast for its car protect make strong narrow pass, insurance contract carries bright it is between insurance period rise one year from morrow zero hour. That day afternoon, wang Mou drives Tian Mou of pedestrian of car run down, cause Tian Mou to get hurt, both sides talks things over not if really, tian Mou tells Wang Mou and insurance company to the court.
[trial result] court of first instance thinks, pay the go into effect when contract of strong risk insurance should hold water oneself, wang Mou is in sign insurance contract and the accident produces after pay insurance premium is used, insurance company agree carries liability to pay compensation. Quadrangle 2 careful think, hand in strong danger to have mandatory with social commonweal sex, the purpose depends on compensating victim loss in time. In reaching contract of strong risk insurance " become effective of morrow zero hour " the clause formed due to insurance company responsibility essentially absolve, accentuated the responsibility of policy-holder, the platoon is in those who hand in insurance premium to agree to insurance policy to rise besides policy-holder keep time paragraph inside the likelihood acquires the right that expects an increase, reason this disclaimer is invalid, 2 careful maintain original judgement.
[typical meaning] in real life, often encounter when signing a contract a few " pattern contract " , " clause of Xiang Yu the Conqueror " etc, but this did not cause people enough attention. This case reachs contract of strong risk insurance mediumly, should " instant become effective " , insurance contract carries however bright " become effective of morrow zero hour " , when rejecting manage compensate till insurance company, policy-holder just discovers fell " guarantee slip trap " . This format article that with respect to enlightenment we must notice to home remedy of the other side plans to make when signing a contract, should read this article effective, 2 should see the other side whether all arrive to make clear explain and tell obligation, cannot blind signs affirm, when preventing dispute happening " the evening of regret " .
Case 5: When insurance company fulfilled clew and clear specification obligation to disclaimer, should grant to avoid duty
[basic details of a case] Shen Mou jackarooes period inside drive the dynamoelectric bicycle that large passenger car and Zhang Mou drive produces road transportation accident, cause damage of two cars share, send Zhang Mou to get hurt. Policeman branch makes road transportation accident hold a book, cognizance Shen Mou assumes the full responsibility of the accident, zhang Mou does not assume the responsibility of the accident. Shen Mou fastens the worker of public transportation company, producing a job is the functionary action that pursue when reason.
[juridical result] court of first instance thinks, shen Mou assumes the full responsibility of the accident, cause trouble car is cast in insurance company protect join strong danger and a third party commercial responsibility danger, should falling limit of strong danger liability by insurance company mix inside limits give according to insurance contract inside commercial risk limits compensation, skimpy share is given by the infringer compensation. Shen Mou fastens the worker of public transportation company, producing a job is the functionary action that pursue when reason, promise of public transportation company carries liability to pay compensation. This academy 2 careful think, commercial risk clause agrees to the bus drives to avoid responsibility of insurance company insurance inside exercitation period, insurance company used up clew and clear specification obligation with respect to disclaimer, this disclaimer has legal effectiveness, insurance company of change the original sentence is in commerce 3 person liability to pay compensation should be not assumed inside danger limits.
[typical meaning] in case of issue of insurance of a lot of car, whether producing legal effectiveness to the disclaimer that agrees in insurance contract often is the focus of policy-holder and insurance company controversy. Only insurance company fulfilled clew and the obligation that explain clearly, disclaimer just produces legal effectiveness. This concludes with respect to requirement insurance company when insurance contract, insurance personnel must introduce the characteristic of insurance product in detail, undertake clew and sufficient clear specification to disclaimer, formalities must standard, complete. Policy-holder absolves compensate of clause, franchise, franchise, scale to pay the clause that waits to absolve or reduce underwriter liability to the responsibility in the contract, ought to ask insurance company gives specification, reasonable cast protect, avoid to generate the controversy in needless loss and manage compensate.
Case 6: Because use motor vehicle actual everybody and when making choose and employ persons is not same person, both should assume responsibility according to fault
[basic details of a case] Wang Mou armour drives the car barge against that registers the light van in under one's name of Wang Mou second and Liu Mou to drive, cause Liu Mou to get hurt. Classics policeman branch is maintained, wang Mou armour assumes an accident total liability, liu Mou does not assume responsibility. Wang Mou armour is Wang Mou second child, the driver's license of Wang Mou armour and light van model not agree with. Because both sides compensates for problem happening conflict, liu Mou to lodge a complaint.
[trial result] court of first instance thinks, wang Mou second knows perfectly well Wang Mou armour to not have drive accordingly qualification, still armour of indulge Wang Mou drives car, both should assume implicative liability to pay compensation to Liu Mou's loss. Quadrangle 2 careful think, basis " law of liability of tort of People's Republic of China " the 49th regulation, because rent, use etc everybody of case motor vehicle and when making choose and employ persons is not same person, motor vehicle everybody assumes responsibility according to its fault. This responsibility is the responsibility that press a portion, joint liability of and rather than. Armour of Wang Mou of indulge of Wang Mou second drives without card car, both all has fault, both of 2 careful change the original sentence assumes the responsibility of 50% each to Liu Mou loss.
[typical meaning] when traffic accident producing in real life, often appear car is practical everybody and drive the case that the person is not same person, if rent, use etc. Here the circumstance falls, motor vehicle makes agree of choose and employ persons carries liability to pay compensation, motor vehicle everybody has fault, also want to assume corresponding liability to pay compensation. Accordingly, as the car advocate, want cogent and custodial good oneself car, renting a car, when renting a car, want to notice to examine vehicle performance, safety factor to wait, ensure the car of lend is nonexistent safe blemish; 2 should notice to examine person renting a car to have without drive qualification, drunken drive etc, ensure enough attention is compulsory.
