Wang Mou, Yang Mou and an insurance company, Zhao Mou motor vehicle traffic accident liability dispute case

[Case classification] : Motor vehicle traffic accident liability disputes

[Commissioned time] : December 2015

【 Brief introduction 】

Plaintiff Wang Mou, Yang Mou and Yang Mou are the wife and two children of victim A respectively. At around 19:00 on May 31, 2016, the defendant Zhao Mou drove the Yu Q5XXXX small car to A section of the city and hit A pedestrian A crossing the expressway here, causing A to die on the spot. According to the traffic police department, the defendant Zhao bears the secondary responsibility for the accident, and A bears the primary responsibility for the accident. In addition, Yu Q5XXXX small car is insured with compulsory motor vehicle traffic accident liability insurance and third party liability commercial insurance in an insurance company of the defendant. Now the plaintiff proposes that the loss caused by the accident is the death compensation, funeral expenses, the living expenses of the dependants, the ambulance fee (which has been paid by the defendant Zhao), the transportation fee, the accommodation fee, the compensation for mental damage, the lawyer's agency fee, etc. Require the defendant insurance company to bear compensation liability within the limit of liability of the three insurance of traffic force insurance and commercial insurance (in which the mental damage compensation is given priority in the traffic force insurance); The defendant Zhao shall be liable for 40% of the excess.

【 Lawyer analysis 】

Where a motor vehicle traffic accident causes personal injury or death or property loss, the insurance company that underwrites compulsory traffic insurance shall first pay compensation within the limit of liability; On the basis of clarifying the establishment and scope of tort liability, the insufficient part shall be compensated by the insurance company underwriting the commercial three risks according to the insurance contract. Where there are still deficiencies, compensation shall be made by the infringer in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law. This traffic accident occurred between A motor vehicle and a pedestrian, and the traffic police department determined that the defendant Zhao Mou bore the secondary responsibility for the accident, and A bore the primary responsibility for the accident. Therefore, for the reasonable economic losses of the plaintiff, an insurance company of the defendant should first assume the liability for compensation within the scope of the liability limit of the compulsory insurance; The defendant shall be liable for 40% of the excess, which shall first be borne by an insurance company of the defendant within the limit of liability of the commercial insurance; If there is still any deficiency, the defendant Zhao shall bear it.

【 Verdict 】

Acting by lawyer Wang Zhen, the court supported the plaintiff's claim and ordered an insurance company of the defendant to compensate the plaintiff Wang Mou, Yang Mou, Yang Mou's traffic force insurance and commercial insurance premiums within ten days after the effective date of this judgment, and the remainder shall be paid by the defendant Zhao Mou within ten days after the effective date of this judgment.