Drunk driving accident Insurance companies can recover after claiming claims

Recently, the Hutubi County People's Court concluded a dispute over the right of compensation.

At 21:34 on November 21, 2021, when Twanmou drove a dump truck along the G312, when the road section from the east to west of the Dafeng Town, Hutubi County, he collided with pedestrian Zhang Moumou, causing Zhang Moumou was injured. At the time of the accident, the alcohol content in the blood of Tu Moumou was 145㎎/100ml. The traffic police brigade of the Public Security Bureau of Hutubi County determined that Twanmou had all the responsibility of the accident. Zhang Moumou had no responsibility.

Afterwards, Zhang Moumou sued the insurance company and Tu Moumou to Hutubi County Court. The court judged that insurance companies paid Zhang Moumou's medical expenses, residential food subsidies, misunderstandings, nursing expenses, disability compensation, transportation expenses, and other 9,8100 yuan. The insurance company has completed it.

In June of this year, the insurance company will sue Twanmou to the court, asking Tu to repay the insurance company to pay 9,8100 yuan in accordance with the law.

The court believes that if the driver is driving a traffic accident after driving a motor vehicle, the victim and their close relatives may request insurance companies to compensate within the scope of the liability of the strong insurance. Profit the right to recovery. Based on this, the court ruled that it was a 98,100 yuan to repay the compensation to the insurance company within 10 days after the judgment was effective.

Law link

Article 15 of the "Supreme People's Court on the Application of Laws on the Case of Application of Road Traffic Accident Damage Cases" stipulates that one of the following circumstances leads to the damage of the third person. The people's court should support:

(1) If the driver fails to obtain driving qualifications or does not obtain the corresponding driving qualification;

(2) Drunk, take the state -controlled psychotropic or anesthetic drugs to drive a traffic accident after driving a motor vehicle;

(3) The driver intentionally created a traffic accident. If the insurance company claims the right of recovery to the infringer within the scope of compensation, the people's court shall support it. Calculated from the date of compensation for the actual compensation of the compensation company during the litigation period of compensation.

Pomegranate cloud/Xinjiang Legal Daily reporter Zhang Weiling Correspondent Xia Kewu Hot

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