Xu Mou and a Shanghai company, an insurance company Shanghai branch motor vehicle traffic accident liability dispute case

[Case classification] : Motor vehicle traffic accident liability disputes

[Commissioned time] : May 2017

【 Brief introduction 】

At about 9:50 on May 4, 2016, a traffic accident occurred in Songjiang District between a Shanghai M3XXXX van owned by the defendant and a Zhejiang AXXXXX vehicle owned by the plaintiff driven by an outsider, Jiang XX. According to the traffic police detachment of Songjiang Public Security Bureau of Shanghai Public Security Bureau, Zhang assumed full responsibility for the accident, and Jiang was not responsible. Shanghai M3XXXX van is insured with traffic force insurance and commercial insurance in Shanghai branch of an insurance company. The assessed repair cost of the plaintiff's vehicle is 282,451 yuan and has actually been repaired, and the expenditure assessment fee is 5,400 yuan and the traction fee is 450 yuan.

【 Lawyer analysis 】

According to Article 76 of the Road Traffic Safety Law of the People's Republic of China, if a motor vehicle traffic accident causes personal injury or death or property damage, the insurance company shall pay compensation within the limit of liability of the compulsory third party liability insurance for motor vehicles; For the insufficient part, where a traffic accident occurs between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the liability in proportion to their respective faults. At the same time, according to the provisions of Article 16 of the Interpretation of the Supreme People's Court on several Issues relating to the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases, where a motor vehicle insured with both compulsory traffic insurance and commercial insurance causes damage and the parties Sue the infringer and the insurance company at the same time, the insurance company underwriting compulsory traffic insurance shall first pay compensation within the limit of liability. The insufficient part shall be compensated by the insurance company that underwrites the commercial three risks in accordance with the insurance contract. If there is still insufficient, the infringer shall make compensation.

This case belongs to the traffic accident between motor vehicles and motor vehicles. Before the accident, the accident vehicle Shanghai M3XXXX light van has been insured with the Shanghai branch of the defendant insurance company, so for the plaintiff's loss, the defendant's insurance company Shanghai branch should first compensate within the limit of the traffic insurance; For the insufficient part, according to the road traffic accident confirmation letter, Zhang XX bears full responsibility for the accident, because Zhang XX is an employee of a company in Shanghai of the defendant, and it is a duty act at the time of the incident, it should be determined that a company in Shanghai of the defendant shall bear compensation liability for the loss of the plaintiff. Due to the accident vehicle Shanghai M3XXXX light van at the same time to the defendant insurance company Shanghai branch insured 500,000 yuan of commercial insurance and additional without deductible, the defendant Shanghai a company should bear the compensation, by the defendant insurance company Shanghai branch within the commercial insurance limit to pay. The plaintiff's loss beyond the scope of insurance claims shall be compensated by a company in Shanghai.

【 Verdict 】

Acting by lawyer Wang Hong, the court finally supported the plaintiff's claim, and the Shanghai branch of an insurance company of the defendant paid the plaintiff Xu 2,000 yuan within the limit of compulsory motor vehicle traffic accident liability insurance within 10 days from the effective date of this judgment; The Shanghai branch of an insurance company of the defendant shall pay the plaintiff Xu 223,000 yuan within the limit of the commercial third party liability insurance within ten days from the effective date of this judgment.