An elderly man in Xi'an drove his granddaughter to school, and the accident died unfortunately, but he assumed the main responsibility of the accident, because ... ...

"China Business Daily"

More than 3 months have passed, Ms. Cui, a citizen of Xi'an, still unable to get out of her mother Wang Moumou's unfortunate shadow of accidents when the accident was driving a "old age car". After the accident, because of the unlicensed license in the "old age" and the driver's driverless license, the main responsibility of the accident, and the personal accident insurance purchased by the mother alone refused to pay.

Ms. Cui appealed:

If you love your family

Don't let them drive this "old -fashioned car" again

The old man drove a mobility to send his granddaughter to school

Unfortunately died after colliding with a car

The 63 -year -old Wang bought a "old -fashioned car" two years ago, usually buying a dish and picking up the granddaughter.

At 7:41 am on March 31st this year, Wang Moumou drove the granddaughter to school with a "old -fashioned car", and collided with a car when he drove west to east to the east of the Austrian road along the west to east of Xi'an. The accident caused Wang Moumou to be seriously injured. After the rescue, he died invalid and his granddaughter fractures.

This traffic accident identification shows that this "old -fashioned car" driven by Wang Moumou belongs to the category of motor vehicles and its type is a miniature car. Wang Moumou's driving license driving without registered motor vehicles on the road to violate traffic signals is the main cause of accidents and the main responsibility of the accident.

The vehicle has no license and driving without a license

Personal accidental injury insurance refuse compensation

When Ms. Cui's daughter helped her mother to deal with the aftermath, she found that her mother purchased personal accident insurance for herself. In accordance with the accidents of insurance content, and accidental disability are in the scope of claims, and traffic accidents belong to an accident.

"I found the insurance company that my mother was insured. When applying for a claim, the insurance company found that the mother's vehicle had no license and had no driver's license. The insurance company refused to pay for it." Ms. Cui said. China Business Daily reporters saw that this policy exemption clause clearly wrote that motor vehicles with no legal driving license for driving, no legal and effective driving license driving or driving without a legal driving license were exempt from liability for compensation liability.

"Mother's purchase of personal accident insurance for himself may be worried that there is a traffic accident in the running cars in the old age. You can find insurance claims." Ms. Cui said, "But who knows that the elderly can't get a license. I won't care. "

Family regret: The old man bought this kind of car

We didn't stop it either

On the morning of July 12, a reporter from the China Business Daily met Ms. Cui. "When the elderly bought this kind of car, we did not stop our children. I regret it! It is convenient to think about the elderly driving such a car, and it is not necessary to drive. No one thinks about a traffic accident. "Ms. Cui said.

"The old -fashioned car looks like a car shape. In fact, the safety performance is really poor. For the first layer of thin iron mask, the mother's car collides with the other person's private car, and the private car damage is not serious. The car was hit. "Ms. Cui said," Mother has no driver's license, and the safety awareness is not high. If I can, I will persuade my mother to resolutely not let her buy this kind of mobility, let alone let her drive to drive. This kind of car is on the road. "

Ms. Cui said, "I only know that I had something to regret when I had something to do, but I saw that many elderly people are still driving this kind of car now. I hope to tell my mother's encounter and call on people. Don't let them drive this kind of old scooter again. "

Reporter visit: No driver's license, no card,

Merchant selling point

On the afternoon of July 12, the reporter went to Dongxinhe Street, Xi'an City. At the entrance of a kindergarten, he drove a store selling "old -fashioned pedal". "This is a low -speed electric vehicle. The elderly love to drive this kind of car. One does not need a driver's license. "Usually buying a dish is particularly convenient to pick up children to school." The appearance of the car introduced by the merchant is almost the same as that of 5 micro -cars. It is fully closed and two rows of seats in the body, wiper, radio, and four wheels. "I usually don't have a problem with a speed of fourth or fifty per hour. I have to install a motor for you to run at 100." The merchant said, "You can rest assured, the traffic police ignore it.

The reporter then on the streets of Geng Zhen and Xinzhu Street, from time to time, they could see someone driving this kind of old -fashioned pedal on the road, and there were some elderly people.

Lawyer says: "Old Step Train"

Following all the elements of automobile definition

Zhao Liangshan, a senior partner and a well -known public welfare lawyer of Shaanxi Hengda Law Firm, believes that at present, Chinese law does not have the concept of "old -fashioned scooter". The old -fashioned scooter is a gimmick that merchants have speculated in order to avoid industrial policies, market access systems, daily supervision, and promoting sales. According to the "Technical Conditions for Electric Motorcycles and Electric Light Motorcycles", electric bicycles of more than 40 kilograms and more than 20 kilometers per hour are called lightweight electric motorcycles or electric motorcycles. In accordance with the latest national standards "The term and definition of the type of car and trailers" (GB/T3730.1-2001), the definition of cars: driven by power (electricity or machinery), with non -rail carriers with 4 or more wheels with wheels or more wheels. Vehicles are mainly used for carrier personnel and (or) goods; traction carrier and (or) vehicles. Therefore, the old -fashioned car cars meet all the elements of automobile definition, which is a standard car, that is, motor vehicles.

Zhao Shan Shan said that since the traffic police in this incident qualitatively the old age of the old generation as a motor vehicle, the old -fashioned scooter needs to get on the license plate, and the driver needs a driver's license. Refuse compensation. Zhao Shanha emphasized that the old -fashioned rotors are essentially illegal modified vehicles of motorcycles or electric tricycles. The performance and safety protection performance of the machinery are low, which can easily cause road traffic accidents. The shell of most elderly pedal cars is a thin layer of iron, which cannot play a protective effect, which brings great hidden safety hazards to the elderly driving. Moreover, the pedaling cars could not be on the license plate, but after the accident, the traffic police identified the old scooter as a motor vehicle. Then they needed to bear the responsibility or full responsibility of the accident, and they could not get the claims of the insurance company. Here, Zhao Liangshan called on the elderly to try not to buy the old scooter.

Traffic Police: "Old Period Step" is designed

There are great safety hazards

In April of this year, the China Aging Association and China Judicial Big Data Research Institute released the case of the 2021 national rights protection warning education case. The research report shows that at present, the responsibility dispute between motor vehicle traffic accidents ranks second in my country's civil cases involving old civil cases, and the hidden dangers of the traffic safety of the elderly need to be paid attention to. According to case analysis, in recent years, many elderly people have drove three -wheeled or four -wheeled electric vehicles (old -fashioned scooters). The weight, speed, and size of this type of scooter exceeds the scope of non -motorized vehicles. It belongs to the category of motor vehicles. It should be registered in accordance with the regulations and drove with a certificate. Once a traffic accident suffers losses, claims are not available, and difficulty in defending rights is the characteristic of such cases.

The reporter interviewed a traffic policeman who promoted traffic safety in the front line all year round. He said that there was a large hidden safety hazard in design in the design. First of all, the minimum departure of these vehicles is very small, the chassis is very light, and it is easy to tilt. Secondly, the braking requires a lot of power to step on to the end, which is very dangerous for the elderly with a slower response.

He said that the "old -fashioned scooter" could not be registered and did not have legal qualifications. Once a road traffic accident occurred, most of the accidents and even all the responsibilities of the accident would be assumed. Moreover, due to the failure to pay road traffic accidents, all compensation after the accident will be borne by the owner. Do not trust the manufacturers and merchants to deceive consumers "old -fashioned travers" when they are not listed, do not need to take a driver's license, and choose legal transportation to travel. The so -called "old -fashioned scooter" is avoided to avoid unnecessary legal responsibilities and consequences, let alone give it to the parents as a gift. This seemingly filial move will actually put parents in a dangerous situation at any time.

China Business Daily reporter Xie Tao/Wen Chen Tuan Jie/Picture

- END -