Case details
It happened around1October 20th1911evening 18. The woman was driving an electric bicycle and Zhu, who was driving an electric bicycle in a non-motor vehicle lane, scratched her leg, causing the electric bicycle to fall and both of them were injured. However, Zhu did not call the police or stay at the scene, but escaped. Just two minutes after the woman fell to the ground, she was crushed by a blue electric tricycle and the driver fled by car. She has not been brought to justice so far. The Emergency Center of Lianshui People's Hospital 120 arrived at the scene for first aid after receiving the call for help. During this period, the rescuer who lifted one end of the injured person's head accidentally caused the stretcher to fall to the ground. After 63 days of treatment in Lianshui County People's Hospital, the woman died after being rescued. The court finally ruled that Zhang was responsible for 40%; Zhu takes 30% responsibility; Tricycle owners bear 20% responsibility; The mistake of the hospital ambulance personnel leads to the stretcher slipping, which does not rule out the possibility of aggravating the injury of the injured, and bears the responsibility of 10%.
1. Is this an accident?
Before judging whether it is an accident, we need to know how insurance defines an accident. Accidents need to meet the following four conditions at the same time to belong to the accidents mentioned in the insurance. 1) Suddenness: refers to the sudden violence in a short period of time, which has been hurt before it is foreseen. 2) Exotic: refers to the accident coming from outside the body, not inside the body. 3) Unintentional: Unintentional refers to the injury caused by the unforeseeable and involuntary force majeure accident, and the result of the injury can only be guaranteed if it is an accident. 4) Non-disease: refers to the damage caused by non-insurance physical factors or diseases.
What we can be sure of is that, firstly, this incident was sudden, because whether it was being scratched by an electric car for the first time, being crushed by a tricycle for the second time, or unfortunately slipping off a stretcher, it was an unexpected behavior that happened suddenly in a short time. Second, according to the accident situation, the Lianshui County Traffic Police Brigade made a responsibility determination for the two traffic accidents that the woman encountered: Zhang was not responsible. Therefore, the accident came from the outside, not from the woman's own internal reasons. Thirdly, according to the accident responsibility judgment of the traffic police brigade, it can be seen that the accident was not foreseen by the woman or caused by her own will. Finally, the cause of death is not the woman's own physical factors or diseases, but trauma. So it was an accident.
Second, should the insurance company pay for it?
If the party concerned has purchased accident insurance in advance, such as traffic accident, explosion, impact, lightning strike, falling, electric shock, drowning, falling objects, dog bite, accidental death and disability, etc. , in line with the accident, foreign, non-disease, sudden four situations, are within the scope of accident insurance responsibility. If the insured is involved in fighting, drug allergy, non-compliance with doctor's advice, taking, smearing, injecting drugs, plastic surgery and other internal and surgical operations, engaging in high-risk sports or participating in professional or semi-professional sports, pregnancy, abortion, childbirth and illness, etc. Accident insurance will not be paid.
Secondly, if the parties buy life insurance, they can also pay. Life insurance covers death or total disability caused by accidental or unintentional injury after the waiting period expires. The insurance company pays an insurance premium according to the agreement, and the insurance conditions of life insurance are lower than accident insurance, and the exemption rules will be less. Therefore, it is suggested that everyone can be equipped with term life insurance and accident insurance at the same time, so that when misfortune comes, they can continue their love and responsibility, maintain the normal life of their families and ease the debt pressure.
Finally, I want to remind you to obey the traffic rules and drive carefully in your daily life. When buying insurance, you should also choose carefully. Choose a professional insurance planner and choose the insurance that suits you. You can search for "Baibaojun" in Baidu, and "Baibaojun" can provide you with a professional insurance planner to prevent you from spending more money on insurance that is not suitable for you.