China Lawyer
Supreme People's Court Releases Typical Cases of Liability Disputes for Traffic Accidents
Source: Supreme People's Court
General Secretary Xi Jinping attaches great importance to safeguarding people's lives and property, emphasizing the need to firmly establish the concept of safe development and to always put people's lives in the first place. The Third Plenary Session of the 20th CPC Central Committee further emphasized “focusing on improving the quality of people's lives” and “focusing on building a higher level of peace and security in China”. The People's Courts have always adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implemented Xi Jinping Thought on the Rule of Law, adhered to the people-centered approach, coordinated high-quality development and high-level safety, fulfilled their adjudicative duties in accordance with the law, and appropriately adjudicated a large number of cases of liability disputes arising from traffic accidents. Positive role.
In order to give full play to the role of typical cases in publicity, education and demonstration, the Supreme People's Court has issued five typical cases of traffic accident liability disputes. The cases have the following characteristics:
First, they focus on safeguarding and relieving the rights of the parties concerned. Traffic accidents often cause personal and property damages, and even cause serious consequences such as disability and death, leading to the infringed person's life being in hardship. Timely and adequate protection and relief of the infringed person, is the people's court in the trial of traffic accident liability disputes in the case of the primary concern. In judicial practice, the people's court appropriately defines the scope of compensation, accurately allocates the responsibility of the parties, and provides timely relief to the parties. Case 2, the people's court for more than the statutory retirement age, but still rely on labor to obtain income of the infringer's lost wages compensation request to be supported, reflecting the infringer of the circumscribed protection.
Second, focus on guiding the enhancement of traffic safety responsibility awareness. With the development of transportation and people's quality of life, motor vehicles, non-motorized vehicle ownership and rapid growth in road mileage, traffic participants are increasing, traffic accident liability disputes are prone to. Road traffic order is related to economic and social development and the interests of the masses, need all kinds of traffic participants to maintain. The people's court focuses on the judicial decision to guide the traffic participants to enhance the awareness of safety responsibility. Case 1, the people's court ordered the compulsory insurance is not legally insured in the compulsory insurance liability limits and traffic accidents infringers jointly bear the liability, and timely maintenance of the rights and interests of the infringer. The case also reminds the majority of vehicle owners to take out compulsory insurance in accordance with the law, for themselves and other traffic participants to do the most basic protection. Case 3, the non-motorized party with greater fault, the people's court ordered appropriate mitigation of motor vehicle liability, urging non-motorized drivers to enhance the awareness of safety responsibilities, and jointly build a safe, harmonious and orderly road traffic environment. Case 4, the people's court accurately apply the law, “hitchhiking” in the accident losses in the driver, the reasonable distribution between the car, on the one hand, reflects the “good intentions of the same ride” affirmation and maintenance, on the other hand, also urged the driver to equally strengthen the concept of responsibility. On the other hand, it also urges drivers to strengthen the concept of responsibility.
Third, focus on improving the multi-disputes mechanism. Traffic accidents, as soon as possible to get damages, reduce the cost of rights, to avoid increasing the burden and cost of dispute resolution, is usually the public's “urgent and difficult to worry about hope”. The people's court focuses on exploring experience in individual cases, improve the multi-disputes mechanism, and strive to build a convenient channel for people to protect their rights. In Case 5, the People's Court, based on the facts of the case and the litigation behavior of the parties, was keenly aware that the appeal of an insurance company was not for the purpose of defending their rights, but based on performance appraisal considerations, and then increased its mediation efforts to actively persuade the insurance company to reason with it and at the same time put forward opinions and suggestions on the performance appraisal issues behind the litigation. The company voluntarily withdrew its appeal and immediately paid the compensation, and the dispute was conveniently and effectively resolved.
The next step, the people's court will further play the role of trial function, strengthen the legitimate rights and interests of the parties to protect, promote the trial mechanism is sound and perfect, through high-quality judicial work to promote the construction of a good traffic order, the power of justice to escort the people's travel safety, and continue to enhance the sense of the people's sense of gain, happiness and sense of security.
Typical Cases of Traffic Accident Liability Disputes Catalog
Case 1 Traffic Accident Occurred in a Vehicle Not Insured by Compulsory Traffic Insurance According to Law, the Obligor of the Insurance and the Tortfeasor Shall Be Jointly Responsible for the Compensation within the Liability Limit of Compulsory Traffic Insurance--Li Mou v. Zhou Mou and Zhang Mou, Dispute over the Liability for Motor Vehicle Traffic Accidents
Case 2: If a tortfeasor over the statutory retirement age can prove that there is a reduction in income due to lost work, he should be compensated for the loss of lost work--Jin Mou v. Tan Mou, an insurance company, motor vehicle traffic accident liability disputes
Case 3 Where a non-motorized party is at fault, the compensation liability of the motorized party shall be reduced in accordance with the law--Wang Mou v. Li Mou, an insurance company motor vehicle traffic accident liability dispute case
Case 4: If the driver of a motor vehicle has no intent or gross negligence in the case of “good intention to ride with”, the liability of the motor vehicle driver shall be appropriately mitigated--Yan Mou and Liu Mou, Gu Mou, an insurance company's motor vehicle traffic accident liability disputes.
Case 5: Avoiding procedural idleness and promoting the realization of rights of the infringed in a timely manner--Li Mou v. Wang Mou and other motor vehicle traffic accident liability dispute case
Case 1
Vehicles not legally insured by compulsory insurance in traffic accidents, by the insurance obligations and tortfeasors in the compulsory insurance liability limits jointly liable for compensation
--Li Mou and Zhou Mou, Zhang Mou motor vehicle traffic accident liability dispute case
[Basic facts of the case]
Li driving a motor vehicle on the highway when turning around, due to negligence of observation, and Zhou driving an electric bicycle collision, resulting in Zhou's injuries and vehicle damage. The public security traffic control department determined that Li Mou bear full responsibility for the accident, Zhou Mou is not responsible. The registered owner of the motor vehicle in question is Zhang Mou, when the accident occurred, the vehicle is not insured for compulsory insurance. Zhou was hospitalized for treatment of injuries, and was later assessed as a tenth-degree disability. Zhoumou sued to the court, requesting the driver Limou, car owner Zhangmou compensation for the traffic accident caused by the loss of more than 140,000 yuan.
[Referee results]
The trial court held that, according to “the supreme people's court on the trial of road traffic accident damage compensation cases on the application of law, the interpretation of article 16 of the provisions of the law, not according to the law of the compulsory insurance motor vehicle traffic accidents caused damage, the party requesting the insurance obligor to be compensated within the limits of liability of the compulsory insurance, the people's court shall be supported. In this case, li mou driving traffic accident caused by zhou mou injury, li mou is the tortfeasor, according to law should be zhou mou loss compensation responsibility. Zhang mou as the obligation to insure the compulsory insurance, resulting in zhou mou can not get in the compulsory insurance liability limit insurance compensation, should also bear the corresponding responsibility. Because of Zhou's loss does not exceed the liability limit of compulsory insurance, the final judgment: Zhang, Li in the liability limit of compulsory insurance jointly compensate Zhou's loss of more than 140,000 yuan.
[Typical significance]
Compulsory insurance to the relief of damage as the main function, the system design of the first to pay for traffic accidents are infringed in a timely manner to obtain relief is of great significance. The compulsory insurance is the owner of the motor vehicle, the legal obligation of the manager, the owner of the motor vehicle, the manager fails to fulfill the obligation will lead to the infringer can not get the compulsory insurance compensation and damage to the interests of the infringer, so the obligation of the insured shall bear the corresponding responsibility. In this case, the people's court ruled that the insurance obligation in the compulsory insurance liability limit and the traffic accident infringer jointly liable for compensation, reflecting the law of the insurance obligation to the negligent performance of the obligations of the negative evaluation and the rights and interests of the infringer to maintain, but also a warning to the insurance obligation to fulfill the obligation for the motor vehicle compulsory insurance, to maintain their own and other road traffic participants in the lawful interests of the people.
Case 2
A tortfeasor over the statutory retirement age who can prove the existence of a reduction in income due to lost work should be compensated for his lost work loss
--Jin Mou v. Tan Mou, an insurance company motor vehicle traffic accident liability dispute case
[Basic facts of the case]
Tan Mou driving a small car and Jin Mou driving an electric bicycle collision, resulting in damage to the two vehicles, Jin Mou injured in a traffic accident. The public security traffic control department determined that Tan Mou is fully responsible for the accident, Jin Mou is not responsible. Tanmou driving a small car in an insurance company to insure the compulsory insurance and commercial insurance, the accident occurred in the insurance period. At the time of the accident, Jin had reached the age of 70. Jin sued to the court, requesting Tan, an insurance company to compensate for various losses including lost wages totaling more than 94,000 yuan. The insurance company argued that Jin had exceeded the statutory retirement age and was not entitled to compensation for lost wages.
[Referee results]
The trial court held that if personal injury is caused by aggression against another person, in addition to compensation for losses such as medical expenses, nursing costs, transportation costs, nutritional costs, hospital meal allowance, etc., compensation should also be made for the reduction of income due to lost work. When the accident occurred, although Jinmou has exceeded the statutory retirement age, but according to its submission of delivery lists, bookkeeping books, the person in charge of the enterprise statement and other evidence, it can be confirmed that Jinmou not only has the appropriate labor capacity before the injury, and continue to provide shipping services for a number of enterprises, there is a relatively stable income. Therefore, the people's court combined with the lost time and other facts, that should be compensated for the loss of lost wages of gold more than 45,000 yuan. The final verdict: an insurance company compensated Jin for the losses caused by the traffic accident, totaling about 80,000 yuan.
[Typical significance]
Currently, it is more common for people over the statutory retirement age to continue to work and labor, and their legitimate rights and interests should be protected by law. Whether people over the statutory retirement age injured in traffic accidents have the right to request compensation for lost wages, should be based on the existence of lost wages due to reduced income for judgment, and can not simply to the statutory retirement age to determine whether to support lost wages. In this case, the people's court supported the request of the infringer, who was over the statutory retirement age but still relied on his own labor to obtain income, to compensate for the loss of lost wages, which fully embodied the respect for and maintenance of the legitimate rights and interests of over-age workers, and was conducive to giving full play to the role of the elderly and promoting the realization of the value of old age.
Case 3
The non-motorized party is at fault, should reduce the motorized party compensation responsibility according to law
--Wang Mou and Li Mou, an insurance company motor vehicle traffic accident liability dispute case
[Basic facts of the case]
Wang mou driving an electric bicycle in the motor vehicle lane against traffic, and Li mou driving a motor vehicle traffic accident, the accident caused Wang mou death and vehicle damage. The public security traffic control department determined that Wang Mou driving an electric bicycle in the motor vehicle lane against the traffic, is the main cause of the accident; Li Mou negligent observation of the road conditions, is one of the causes of this accident; Wang Mou is responsible for the accident, Li Mou is responsible for the accident, the main responsibility. Li driving a motor vehicle in an insurance company insured compulsory insurance and commercial insurance, the accident occurred in the insurance period. Wang's next of kin sued the court, requesting Li Mou, an insurance company to bear the death compensation and other losses of more than 1.2 million yuan.
[Referee results]
The trial court held that, according to the “people's republic of china road traffic safety law” article 76, between motor vehicles and non-motorized vehicles traffic accidents, non-motorized vehicles are not at fault, by the motor vehicle party to bear the responsibility for compensation; there is evidence to prove that non-motorized vehicle driver fault, according to the degree of fault to reduce the motor vehicle party's responsibility for compensation appropriately. Generally speaking, due to the motor vehicle driving speed, high degree of danger, the motor vehicle in the road traffic should have a higher duty of care. In this case, wang mou driving a non-motorized vehicle in the motor vehicle lane against the traffic, is the main cause of the accident, its damage to their own greater fault, should reduce the motor vehicle party's liability according to law. At the same time, taking into account the incident when the road condition, vision is good, Li Mou such as full attention, to a certain extent can also avoid serious accidents. Li mou negligent observation, there is fault. The final judgment: Li mou for more than the compulsory insurance compensation part of the loss of 40% of the liability, the part of the liability borne by an insurance company.
[Typical significance]
Non-motorized vehicle drivers, as traffic participants, should be the same as motor vehicle drivers to comply with traffic rules. In real life, some non-motorized vehicles against traffic, speeding, red lights and other violations of road traffic safety hazards. In this case, in the non-motorized vehicles have a greater fault, the people's court ordered to reduce the motor vehicle liability, both reasonable to determine the responsibility of the two sides, but also warns the non-motorized drivers should comply with traffic rules, and jointly build a safe, harmonious and orderly road traffic environment.
Case 4
If the driver of a motor vehicle does not have intentional or gross negligence in the case of “good intention to ride with”, his liability should be appropriately reduced.
--Yan Mou and Liu Mou, Gu Mou, an insurance company motor vehicle traffic accident liability dispute case
[Basic facts of the case]
A road traffic accident occurred between a small ordinary bus driven by Gu Mou and an ordinary two-wheeled motorcycle driven by Liu Mou, resulting in injuries to Liu Mou and his passenger, Yan Mou, and varying degrees of damage to the vehicles of both parties. The public security traffic control department determined that Gu Mou and Liu Mou were equally responsible for the accident, and Yan Mou was not responsible for the accident. Gu driving a small ordinary bus in an insurance company to insure compulsory insurance and commercial third party insurance, the accident occurred in the insurance period. Yan Mou sued to the court, requesting Liu Mou, Gu Mou, an insurance company to compensate for the losses totaling more than 220,000 yuan.
[Referee results]
The trial court held that Liu Mou gratuitous ride Yan Mou belongs to the “goodwill ride” behavior. Liu mou as the vehicle driver, the passenger yan mou has the duty of care in terms of safety. Article 1217 of the civil code of the people's republic of china, non-operating motor vehicle traffic accidents caused by unpaid passenger damage, belong to the motor vehicle party responsibility, shall reduce its liability, but the motor vehicle user has intentional or gross negligence, except. Accordingly, because there is no evidence to prove that Liu Mou to the accident occurred intentionally or grossly negligent, therefore should reduce its liability. In this case, yanmou's losses totaled 159899 yuan, first by an insurance company in the compulsory insurance liability limit compensation yanmou 140965 yuan; the remaining 18934 yuan, by an insurance company in the commercial three insurance insurance coverage according to the proportion of responsibility for the accident (50%) compensation of 9467 yuan; LiuMou should be according to the proportion of responsibility for the accident (50%) compensation of 9467 yuan, but because of the gratuitous piggybacking on the yanmou and without intent or gross negligence, should reduce its liability. But because he is not free to carry Yan and no willful or gross negligence, should reduce Liu's liability. Final judgment: discretionary Liu bear 30% of the liability, compensation Yan 5680 yuan.
[Typical significance]
“Goodwill rides”, or ‘hitchhiking’ in daily life, refers to the non-operational behavior of drivers who invite or allow others to ride in their vehicles out of goodwill and without compensation. “Goodwill ride” as a goodwill altruistic behavior, to promote the formation of mutual help and love social culture has positive significance, but also in line with the requirements of the green low-carbon mode of travel, but also conducive to alleviate the pressure of public transportation, reduce travel costs. The judgment of this case in accordance with the law reasonably determines the “goodwill ride” under the circumstances of the vehicle driver's responsibility, not only the reasonable distribution of the loss of the passenger, but also help to urge the driver to effectively take responsibility and safe driving vehicles.
Case 5
Avoiding procedural idleness and promoting the realization of infringed person's rights in a timely manner
--Li Mou v. Wang Mou and other motor vehicle traffic accident liability disputes
[Basic facts of the case]
Wang was driving a motor vehicle at excessive speed when he collided with Li, who was driving an electric bicycle. The accident caused a craniocerebral injury to Li, which was judicially appraised as constituting a first-degree disability and total care dependency. The public security traffic control department determined that Wang Mou was mainly responsible for the accident. Li sued Wang Mou and an insurance company that insured Wang Mou's vehicle to the court, requesting Wang Mou and the insurance company to compensate for the losses totaling 1.045 million yuan. The court of first instance ordered an insurance company to compensate Li for more than 740,000 yuan and Wang for about 1,000 yuan according to the division of responsibility and insurance of the accident. After the judgment of the first instance was pronounced, an insurance company filed an appeal.
[Dispute Resolution Process and Effectiveness]
In the second trial, the People's Court realized that an insurance company actually had no objection to the result of the first trial, and the reason for the appeal was to cross the point of the year-end assessment of the claim rate, and then to improve the assessment performance of the year. In order to avoid procedural idleness, to protect the infringer to obtain compensation in time, the people's court increased the mediation efforts, suggested that the insurance company objectively face the facts of the accident and the loss of the infringer, and actively settle the claim in accordance with the contract; at the same time, comprehensive relevant information and an insurance company to actively communicate with the push to set up a correct performance orientation, reasonable setup, standardization and optimization of the assessment indexes. An insurance company recognized the work of the people's court, timely rectification, withdrew the appeal of the case, and immediately paid the full amount of compensation to Li.
[Typical significance]
Traffic accidents often cause direct property damage or personal injury to the infringer. To a large extent, as soon as possible to get compensation for damages, to avoid increasing the burden and cost of dispute resolution, is the public's “urgent difficulties and sorrows”. The people's courts adhere to the concept of substantive dispute resolution, and resolutely put an end to procedural vacillation, in individual cases in the litigation, “case to see the matter”, pay full attention to the core causes of disputes and the substantive reasons for disputes into the lawsuit, according to the matter of the policy, the right medicine. Dispute resolution, the people's court is not confined to the “case on the case”, but a comprehensive analysis of the case and the relevant background, investigate the key reasons for the litigation, to find the focus on the settlement of disputes, and increase efforts to promote the dispute resolution of high quality. This case is a vivid example of the people's court's practice of resolving disputes in a multifaceted manner.
[Editor: Liu Yaotang]
