Chengdu Ring City High -speed Multi -Speed Crossing accident Legal disputes: The motor vehicle party in the traffic accident has no responsibility insurance company or compensation
Author:Cover news Time:2022.07.21
Cover Journalist Song Xiao intern Feng Lian
Do not maintain a necessary safety distance with the front car in accordance with the regulations, and cause traffic accidents, and have been sentenced to all responsibilities. Why do companies that have no responsible car to buy insurance also become the defendant?
On July 20, the First Court of Chengdu Railway Transport announced a case of traffic accidents. The defendant Xu did not maintain a necessary safety distance with the front car according to regulations. All responsibilities; the parties Li Mouhong, Zhang Mouwei, and Hu Mouyu were not responsible, but because Li Mouhong and Hu Mouyu bought the traffic insurance, each paid the plaintiff Zhang Mouwei medical expenses of 591.38 yuan within the scope of the strong insurance.
It is understood that on March 20, 2022, Xu Mou's small ordinary passenger cars drove around Chengdu with a car with Li Mouhong, a car driven by Zhang Mouwei, and a car driven by Hu Mouyu. Traffic accidents occur. In the same lane, Xu did not maintain a safe distance with the front car in accordance with the regulations, and took all responsibilities; Li Mouhong, Zhang Mouwei, and Hu Mouyu had no responsibility.
The two parties did not reach an agreement on Zhang Mouwei's claim, and then sued Xu to the court to ask the court to judge the judge in accordance with the law.
After the preliminary review of the court, it was found that the defendant's subject was omitted, and he called Zhang Mouwei to contact Zhang Mouwei. He also needed to add the defendant's parties: the company without responsible vehicles in the accident. The judge explained that because the vehicle had no responsibility to buy a strong insurance, there were 1,800 yuan of medical expenses compensation within the scope of the intensive insurance and the compensation of the disabled amount limited to 18,000 yuan.
The court's referee reasons is that in the case of motor vehicle traffic accidents, the insurer of the motor vehicle compulsory insurance will be compensated within the scope of the mandatory insurance liability limit; the insufficient part shall If the agreed is compensated; if it is still insufficient or does not insure the commercial insurance of motor vehicle, the infringer is compensated by the infringer.
After the court's referee, Zhang lost a total of 27377.87 yuan for medical expenses, miscalculation costs, spiritual comfort, and transportation costs of 500 yuan.
Regarding the payment of medical expenses, the plaintiff's medical expenses were 8348.87 yuan, and the self -funded medicine was 1252.33 yuan. The defendant assumed the plaintiff Zhang in proportion to the plaintiff Zhang in accordance with the scope of compulsory insurance compensation for the vehicle traffic accident liability insured by the vehicle.
Among them, Li Mouhong had no responsibility. The defendant's insurance Meishan Branch should be a motor vehicle traffic accident liability for the motor vehicle traffic accident liability for the vehicle in Li Mouhong, and assumed Zhang Mou to pay 591.38 yuan for medical expenses without liability; , The defendant's insurance branch company shall bear the medical expenses without liability for the mandatory insurance compensation scope of the motor vehicle traffic accident liability for the vehicle insured by Hu Mouyu's vehicle. Within the scope of mandatory insurance for motor vehicle traffic accident liability and third -party commercial insurance compensation, Zhang's losses were paid, that is, 24942.78 yuan. Xu compensated the plaintiff Zhang's self -funded part, that is, 1252.33 yuan.
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