Case Introduction:
On March 12, 1999, Zheng, a driver of a certain freight company in Jingmen City, Hubei Province, was driving the company's Dongfeng brand car to a warehouse when a broken brick on the road was crushed by the vehicle's left rear wheel. The broken brick flew out and shattered the right knee bone of pedestrian Zhang. After investigation and handling by the local traffic police detachment, both parties were determined to bear no responsibility, and only economic mediation was carried out. The car party compensated the injured party for medical expenses, nursing fees, etc., amounting to 1500 yuan. Since the vehicle had already been insured for body damage insurance and third-party liability insurance, after the case was handled, the freight company submitted relevant documents and materials to the insurance company for claims.
Case Analysis:
One, after accepting this case, the insurance company had several different opinions on how to handle this third-party liability insurance compensation case for motor vehicles:
The first opinion was that the insurance company should reject the claim. The reason is that although driver Zheng from the freight company caused harm to Zhang by crushing a broken brick on the road with his car, according to Article 44 of the "Regulations on the Handling of Road Traffic Accidents of the People's Republic of China": "If a motor vehicle and a pedestrian have a traffic accident, causing the death or serious injury of the other party, even if the motor vehicle party has no fault, it should still bear ten percent of the loss." In this case, driver Zheng had neither fault responsibility nor caused serious injury to pedestrian Zhang, so the accident did not fall within the scope of insurance liability. Therefore, the losses incurred by the car party would not be compensated by the insurance company.
The second opinion was that the insurance company should compensate half. The reason is that although driver Zheng had no fault responsibility in this accident, the accident was caused by Zheng driving the car, which had a causal relationship. Considering Zhang's injuries and the special nature of this accident, the insurance company could compensate at 50%.
The third opinion was that the insurance company should fully compensate. The reason is that in this accident, although driver Zheng had no fault responsibility, pedestrian Zhang's injury was caused by him, and Zheng was responsible for compensation. Therefore, the insurance company should fully compensate the insurance money according to Zheng's compensation amount.
Two, this is a case of "no-fault but relevant" third-party liability compensation.
1. In this case, although driver Zheng had no fault responsibility, according to Article 106 of Section 1 of Chapter 6 of the "General Provisions of Civil Liability" in the "General Principles of Civil Law of the People's Republic of China", "Even if the parties have no fault, they should bear civil liability for causing personal injury to the other party in accordance with the law." Therefore, Zheng should bear civil compensation liability.
2. Third-party liability insurance covers the civil compensation liability that the insured person should bear according to the law. According to Article 10 of the Motor Vehicle Clause, "If an unexpected accident occurs during the use of the insured vehicle by the insured or a qualified driver permitted by the insured, resulting in personal injury or direct destruction of property to a third party, the compensation amount that the insured is legally required to pay shall be compensated by the insurance company in accordance with the provisions of the insurance contract." Therefore, the insurance company in this case should pay the insurance money.
Case Conclusion:
Since the insured person caused direct damage to a third party unexpectedly, objectively, and unpredictably while driving the vehicle, all such accidents should fall under the scope of insurance liability, including the aforementioned "no-fault but relevant" accidental injury accidents. Therefore, the insurance company should compensate for similar third-party injury compensations.
Reference Literature: Relevant thematic articles: Nokia "Encounters Hitchhiking," "Li Gui" Compensation of 120,000 Yuan - Disability Appraisal Materials; Valuable Securities Fraud Case, Insurance Fraud Case - Compulsory Traffic Insurance Compensation Scope; A Traffic Accident Occurred Yesterday on Provincial Highway 83 in Linhai City, Zhejiang Province - Hangzhou Law Firm; "Because of Focus, It's Simple; Because of Professionalism, It's Trustworthy; Because of Dedication, It's Reliable; Because of Integrity, It's Dependable." Lawyer Zheng has always aimed to become an expert in traffic accident cases since the beginning of his practice. He has many years of experience in handling traffic accidents and possesses rich mediation and litigation skills. He is well-versed in the procedures and processes of traffic accident handling and has established good relationships with courts, traffic police detachments, and disability appraisal departments.
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