Produce home remedy postaccident, the member that the car mies wife abandons a car to leave spot proper motion to head for go to a doctor, 14 hours are lain between to call the police when, crossed ability 48 hours to report a case to the security authorities to insurance company, afterwards, because apply for gold of compensate of 35 thousand yuan of manage,appeal to by refus to the court. Recently, court of people of division of grave of Suzhou city tiger adjudicates lawfully, insurance company does not assume liability to pay compensation. Accuser refuses to obey mention appeal, be adjudicated to reject by final judgment of court of Suzhou city intermediate people, maintain original judgement.
On April 20, 2018 late night 11 when, area of Suzhou industry garden two across mouth, side turns over sedan of a white in road at the same time, the sky inside the car does not have one person. Original, in produce home remedy postaccident, driver Wang Mou and car everybody Li Mou call the police not in time, however indulge car no matter, went straight hospital.
"Accident that evening probably 19 when to 21 when, I drank 3 bottles of beer. " in front courtyard careful, li Mou states accuser, oneself have 6 years to drive age, because drank wine,did not drive that evening, it is by its friend Wang Mou drives when accident happening, he sits in deputy drive the position. "When having an accident, the gasbag of the car is played came out, wang Mou says his bosom is painful, very afflictive, I also feel the body is unwell, so go to a hospital having a medical check-up for a short while. So go to a hospital having a medical check-up for a short while..
Of odd is, wait for morrow before dawn 1 when the left and right sides, 2 people see a doctor from the hospital after the end, the body is not had ailment greatly, hurried back together again trouble spot, right now car had been towed away disappear, but they still did not take any step. Till April 21 14 when, wang Mou just is dialed 110 call the police with respect to afore-mentioned accidents; And to April 23 13 when, li Mou just signs up for to insurance company danger.
On the court, li Mou explanation says: "Because completely muddled at that time dropped. What happen besides is home remedy accident, did not think more so, also did not call the police, newspaper danger. " Wang Mou is in appear in court express when attest, because oneself drives,experience is not abounded, and the car of not familiar Li Mou, so accident happening that evening its drive car has nervous feeling.
One issues by policeman group " road transportation accident proves " carry bright: "Drive in view of car the person abandons a car to leave the scene, make this team cannot verify condition of the physiology when the identity information of the driver when the accident and accident, and confirm without other and relevant evidence again, make this team cannot check this all fact that has traffic accident. " afterwards, li Mou undertakes maintaining to accident car, cost 35 thousand yuan. Before this, he ever was cast for this car guarantee a place difficult of access of motor vehicle loss, when thinking of to deal with manage compensate, meet with refus, appeal to then to the court.
The court thinks, the controversy focus of this case is the range of insurance manage compensate that has an accident to whether belong to the accused originally. Above all, "Produce traffic postaccident, calling the police protective spot, in time is car drives the law of personnel defines Wu. " undertake the judge points out, in this case, allegation of even if plaintiff is belonged to solid, so get hurt according to what accuser reachs Wang Mou, circumstance of go to a doctor can judge piece, at that time 2 poll head is sober, their action ability and body state did not suffer serious effect apparently, the action that leaves trouble spot lacks rationality and necessity, be not go up objectively to be not had call the police condition.
Next, even if states ache to be borne hard like accuser, leave the spot to have necessity and rationality, so the great property that returns spot him discovery again after go to a doctor (car) when disappearing, still did not call the police, this action nots agree with often manage, combinative Li Mou is avowed the fact that ever drank that evening, its ought to make logical explanation bear adverse consequence to failing at this point.
Again, insurance contract agrees, underwriter of the 48 inside the hour announcements after insurance accident happens. Because inform in time,keep abreast of in order to make the underwriter knows insurance accident exists a survey, calm caustic, this is the premise that seeks manage compensate and foundation, also be the constant truth that normal and rational person should know. Accuser has 6 years to drive age, call the police in time to protecting trouble spot, safe, cooperate to investigate the commonsensible sex obligation such as accident cause of formation to ought to be known perfectly well, 48 hours already exceeded when its newspaper danger, did not press fulfil this contract obligation about.
On put together, the court thinks, after insurance accident happens, as a result of accuser afore-mentioned reasons make policeman and insurance company were lost find out, decide the opportunity of accident nature, reason, send the property of insurance accident, reason to wait to decide hard, existence weighs big error, can maintain this case to because gross error informs an underwriter not in time,belong to insurant, cause the property of insurance accident, reason to wait for what decide hard, the underwriter is right cannot determine a share, do not assume the posture of liability to pay compensation. Accordingly, first instance, 2 careful all enter a judgement the litigant request that rejects accuser Li Mou.
Judge view:
According to our country insurance law sets, "Policy-holder, insurant or after beneficiary beneficiary knows insurance accident happens, ought to inform an underwriter in time. Perhaps break not seasonable announcement intentionally because of weighing a serious offence, 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. Do not assume compensation to perhaps give the responsibility that pays insurance gold..
Additional, laws and regulations of safety of transportation of our country road decides: "Traffic accident produces on road, car drives the person ought to stop working instantly, protect the spot; Cause person casualties, car drives person ought to instantly rescue gets hurt personnel, the pointsman that rapid report is on duty or management department of transportation of public security mechanism. Because rescue gets hurt,personnel changes of the spot, ought to indicate the position. Ought to indicate the position..
In this case, of accuser Li Mou call the police the time that reachs insurance to report a case to the security authorities all exceeded reasonable time limit, attribute the situation of intended gross perhaps error. Meanwhile, undertaking to the spot protection and the circumstance that call the police fall, li Mou abandons a car to leave the scene, indulge car side breaks up on road, this behavior affects road transportation order badly, increased to produce the risk of traffic accident 2 times.
"Escort the Emperor truly the premise that sails condition often is insurance manage compensate legally. " undertake the judge reminds, after accident happening, should call the police in time or inform an underwriter to be sure in order to decide to spot perambulate the reason of the accident, property, the driver leaves trouble spot to may bring about insurance company rejecting claims without equitable argument.
