How can the driver driving the injury to the medical insurance company refuse to pay for the rescue and claim?｜ Vote for teaching 121

21st Century Business Herald reporter Tang Jing Beijing report

Investment goes on the right way, security is guaranteed, welcome to "Investment 121". I am a watermelon Tang, and I continue to talk about insurance today.

Each driver does not want to be involved in a traffic accident with casualties, but if a small probability accident occurs, how should you deal with it?

Many past cases show that some drivers will immediately drive the vehicle of the accident and send the wounded to the nearby hospital for treatment. However, mobile vehicles will destroy the site of traffic accidents, affect the identification of the accident responsibility, and cause subsequent insurance claims. At the beginning of the occurrence, how should the driver deal with the relationship between the rescue of the injured and the protection of the claims?

Liu Yufang, a lawyer of Beijing Zhoutai Law Firm, told reporters of the 21st Century Business Herald that according to Article 70 of the Road Traffic Safety Law and Article 13 The driver's obligations should be performed, but the law does not clearly stipulate the specific method or measure of the driver to rescue the wounded. In reality, most people will choose to dial the 120, 999 and other first -aid telephones to ask the medical institution for help to help the wounded, but there is also a driving driving The staff herself sent the injury to the medical treatment. At this time, if the driver did not take the on -site photo, the labeling accident vehicle location, etc., it was possible to be rejected by the insurance company.

In this case, for the driver, if the situation is urgent or there is an objective situation of other emergency calls that cannot be dialed by medical institutions, the wounded should be sent to the medical institution, reported to the police in time, and report to the traffic police and insurance at the same time. The company explained the situation to ensure that the liability of the accident was not aggravated because it left the scene and obtained the support of the insurance company.

In addition, if there is controversy and enter the lawsuit, in the case, if the judgment will be carried out strictly in accordance with the legal rules, the case will bring the case of the case, and the legal principle will also apply to make the case a more fair judgment. Therefore, the driver can actively actively actively Evidence is fully explained to the ruling authority to obtain relief.

A case announced by the Guangdong Supreme People's Court showed that the driver left the accident due to the driving driver's injury to the accident, and the insurance company refused to pay the claim on the grounds that the scene was not protected.

Basic case: The driver of the accident left the accident at the accident due to driving the injury

On January 8, 2017, Zheng Moumou collided with electric bicycles driving with Wang Moumou, causing electric bicycle passengers to be injured. After the accident, Zheng Moumou stopped and called the 120 emergency center in time. Before the ambulance arrived at the scene, Zheng Moumou drove a motor vehicle to send Xie Moumou for medical treatment. He reported to the traffic police on the way to the medical treatment, and returned to the scene of the traffic police investigation at the scene of the accident. Zheng Moumou said that he had taken pictures when he changed the scene, but did not submit a photo proof. The traffic police department determined that Zheng Moumou was improperly operated and was responsible for the accident. After the end of the treatment, Xie Moumou was evaluated as eight -level disability, and sued Zheng Moumou, Wang Moumou and a insurance company to jointly compensate for medical expenses and disability compensation for 302110.22 yuan.

The motor vehicle in the insurance company inspected the third party liability insurance of the strong insurance and the commercial. Among them, the terms of the third party liability insurance insurance clause stipulated that after the accident, the driver drove the insurance motor vehicle or abandoned the insurance vehicle to leave the accident scene without taking measures in accordance with the law. , Property losses and expenses, insurers are not responsible for compensation. The insurance company believes that Zheng Moumou failed to protect the accident site, not reporting the police in time and not indicating the location when the vehicle of the mobile accident was in accordance with the law. The third party liability insurance insurance limit is exempted.

Residents: The cure of the wounded is higher than the protection of the on -site insurance company.

The first instance of the People's Court of Mazhang District, Zhanjiang City, Guangdong Province, the insurance company compensated Xie Moumou 125979.37 yuan within the scope of the third party liability insurance insurance limit. The insurance company did not accept it and appealed. The second instance of the Zhanjiang Intermediate People's Court in Guangdong Province is exempted from the scope of the third party liability insurance insurance limit. Zheng Moumou did not accept it and applied for retrial.

The re -review of the Guangdong Provincial High People's Court believes that Article 70, paragraph 1 of the "Road Traffic Safety Law of the People's Republic of China" stipulates that a traffic accident occurs on the road, and the vehicle driver should park immediately to protect the scene; People should immediately rescue the injured and quickly report the traffic police on duty or the traffic management department of the public security organs; if they change the scene due to the change of the injured, the position shall be marked.

In this case, Zheng Moumou fulfilled the obligations such as immediately parking, rescuing the injured and reporting the traffic police quickly after the accident, but because the location did not indicate the location at the scene during the rescue of the injured, the traffic police department determined that Zheng Moumou's main responsibility for the accident was responsible for the accident. The reason is that the driving operation is improper. Therefore, Zheng Moumou's driving away from the scene did not cause the accident responsibility to be unable to find out, and did not increase Zheng Moumou's responsibility ratio. Moreover, among the values ​​carried by the above volunteers, rescue the wounded to maintain the value of life, and the purpose of the performance of other obligations is to determine the responsibility of the accident, and the former is more important than the latter.

The Guangdong High Court believes that in this case, if the ordered insurance company is exempted, it may lead to the protection site as the first priority after the traffic accident. The best time to treat the person. Therefore, the behavior of Zheng Moumou's active treatment of the victims should be encouraged. The fault that did not indicate the location at the scene of Zheng Moumou was significantly mild and did not cause the insurance company to bear the improper increase of insurance liability. The exemption within the scope of the liability insurance insurance limit does not meet the legislative purpose stipulated in Article 70, paragraph 1 of the Road Traffic Safety Law of the People's Republic of China, and is not conducive to showing the value of judicial ethics and should be corrected. In summary, the second trial judgment was revoked and the first trial judgment was maintained.

Judge said: an important position that highlights the right to life

The "Instructions for the Exemption of Motor Vehicle Comprehensive Commercial Insurance" stipulated that after the accident, the driver drove an insurance motor vehicle or abandoned the insurance vehicle to leave the accident without taking measures in accordance with the law. Anyone is not responsible for compensation for any losses and expenses.

The Guangdong High Court believes that after the accident agreed that the driver did not take measures in accordance with the law, if the driver was not taken in accordance with the law, the insurer was not responsible for compensation. The rescue of the victim in a timely manner was that the insurer's request was not supported in accordance with the negligence without indicating the location and negligence at the scene of the change.

According to the Guangdong High Court, in this case, if the interpretation of the "not taking measures in accordance with the law" in accordance with the narrow interpretation method, the content stipulated in Article 70, paragraph 1 of the "Road Traffic Safety Law of the People's Republic of China" The measures that people should take after the accident, and any measures are not taken to achieve the exemption of the insurer.

Article 70, paragraph 1 of the "People's Republic of China Road Traffic Safety Law", stipulates that a traffic accident occurs on the road, and the vehicle driver should park immediately to protect the scene; if it causes personal casualties, the vehicle driver shall immediately rescue the injured person, and and and and and andr, and the injured person shall immediately rescue the injured person, and and the injured person shall immediately rescue the injured person and and and andr and the injured person. Quickly report on duty traffic police or traffic management departments of public security organs. If the rescue injury changes the scene, the location should be marked. Passenger, driver of the vehicle, and past pedestrians shall assist.

However, when the driver has fulfilled the main obligations of actively rescue the victims, the secondary obligations indicated at the scene due to negligence and failure to perform the changes, and the negligence did not cause the insured's improper insurance responsibility to increase. The fact that the insurer is not good for the fact that it is not conducive to highlighting the important position of life right and advocating the core values ​​of socialism. Therefore, the insurance clause should be amended from the perspective of legislative purposes.

Jia Mi, a third -level senior judge of the Guangdong Higher People's Court, said that the people's livelihood cases involved the vital interests of the people and the legitimate rights and interests of the disadvantaged groups. Some cases have had a great social impact, and the results of the referee have a profound impact on the development of legislation and legal theory. In order to achieve the unity of political effects, social effects, and legal effects, judges should use the contract explanation method. In such cases, the intervention of the parties 'freedom and autonomy of the parties' contract is appropriately increased in such cases, so that the results of the contract performance are in line with public order, good customs and socialism, and socialism and socialism. core value.

Lawyer Liu Yufang also pointed out that saving the wounded is the virtue of the widely promoted human society. From the perspective of legislative purposes, the obligation to protect the scene is to clarify the accident responsibility of all parties. In the end, the obligation to rescue the site is better than the obligation to protect the scene. However, the driver's performance of rescue obligations is inseparable from the support of laws and regulations, and the support of all sectors of society such as transportation management departments, insurance companies, etc., while the driver's integrity performing obligations, it also needs to avoid rigid enforcement laws and regulations, and give more tolerance to rescue wounded people with more tolerances. Essence

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