Many owners think, buy "insurance", the accident claims is the thing that the insurance company, never thought by insurance company lawsuit to recover the trouble. Yesterday, the Jiangsu high court announced a case, the insurance company in advance the death compensation, to recover from the owners of Jiangsu, a corporate executive, won the support of the court.
Zhang is a senior white-collar Jiangsu foreign enterprises. June 2015, Zhang where companies in the hotel banquet customers, during this period, as the company executives Zhang drink a lot of wine. At about 9 o'clock in the evening, at the end of the party, Zhang think his consciousness is still clear, so regardless of colleagues discouraged, insisted on his drive home. When traveling to a city elevated expressway, the sky suddenly began to heave rain, visibility is very low. At this time the wine strength also began to play a role, Zhang has a feeling of drowsiness. There is an electric tricycle in front of the front at this time he didn't own, still in an effort to throttle. Not long, the tragedy occurred, Zhang's car as a result of the speed, directly hit the front of the king's driving electric tricycle tail, because the impact is too large, the king was thrown directly to the side of the head hit the roadside fence, died on the spot. After the local police department after investigation that Zhang drunken driving a motor vehicle rear end Wang of the non motor vehicle, is the main cause of the accident. Therefore, the traffic police department finds Zhang bear the main responsibility for the accident.
Afterwards, the dead Wang a statutory succession and Zhang in the compensation fee of disagreement, hence to the local court filed a lawsuit request Zhang ordered to pay compensation for the death compensation totaling RMB 300000 yuan. , the court issued a civil judgment in addition to Zhang ordered to the plaintiffs in the case of property loss compensation, also ordered an insurance company Suzhou Branch in the scope of compulsory insurance in compensation for the plaintiff traffic accidents caused by the loss of 11 million yuan. The company in July 2015 to fulfill the obligations of the civil judgment. After this, the insurance company to find Zhang, he thought that he has been for the vehicle traffic accident liability compulsory insurance, according to the general situation, the insurance company to pay the compensation is understandable, but the actual situation is that the results of the accident is due to Zhang's drunk, so Zhang need to return the money to the insurance company. But this request was met with a flat refusal. In desperation, the insurance company to Suzhou Huqiu Jiangsu court proceedings.
After the court held that, Zhang for all of its small car insurance company to insure motor vehicle traffic accident liability compulsory insurance, the small car accident caused by a road traffic accident Wang, the insurance company should be in the motor vehicle traffic accident liability compulsory insurance liability limit to be compensated. But because Zhang Department of drunken driving caused by traffic accident, in accordance with the "motor vehicle traffic accident responsibility compulsory insurance regulations," the relevant provisions, insurance companies in motor vehicle traffic accident liability compulsory insurance liability limits the scope of the compensation system to advance behavior, the advance has the right to to the relevant responsible person that a defendant recover. The court for the insurance company claims to be supported.
Court of First Instance sentenced Zhang return of the insurance company 110000 yuan.
Wu Guanglei correspondent Xi Kangjie reporters risk group
Remind a car owners
Three cases,
The insurance company to the owners to recover
A car owners in the purchase of a new car to the insurance company to purchase the traffic accident liability compulsory insurance (commonly known as "cross - strong risk") is in order to maximize the reduction of their economic losses after the accident. But the general public's attention is that in some cases, the insurance company will not compensate for the economic loss caused by the accident. These include: A, the driver without obtaining qualification or drunk driving; second, the insurance of motor vehicles stolen during the accident; three, was the deliberate creation of road traffic accidents to the insurer; if the insurance companies in this process is the guarantor to pay the compensation, their behavior can only be regarded as advance, the guarantor shall promptly after the insurance company to return the amount of compensation. If the guarantor refused to pay, should be resolved through legal channels, judicial organs shall protect the insurance company under this kind of situation of right of recourse.
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