Article 21 If a road traffic accident happens to an insured motor vehicle, resulting in personal injury or property loss to the victims other than those on board and the insured, the insurance company shall compensate the insured within the limits of compulsory motor vehicle traffic accident liability insurance according to law.
The loss caused by the road traffic accident is intentionally caused by the victim, and the insurance company will not compensate.
This article is related to the coverage and compensation principle of compulsory motor vehicle traffic accident liability insurance. This article includes three meanings:
(1) The coverage of compulsory motor vehicle traffic accident liability insurance includes the personal injury and property loss of the victim outside the vehicle. Meet the following conditions:
1. The insured motor vehicle has an accident. The insurance company is responsible for compensation for road traffic accidents of motor vehicles insured with compulsory liability insurance, and the insurance company is not responsible for compensation for accidents of non-insured motor vehicles. According to the Road Traffic Safety Law, a road traffic accident refers to an incident in which a vehicle causes personal injury or property loss on the road due to a fault or accident. "Road" refers to highways, urban roads and places where social motor vehicles are allowed to pass, including squares, public parking lots and other places for the public to pass.
In order to protect the victims to the maximum extent, Article 42 of the Regulations stipulates that this clause also applies to accidents that occur when passing in places other than roads, that is, insurance companies are also liable for non-road traffic accidents of insured motor vehicles.
Second, the victim outside the car suffered personal injury or property loss. The victims outside the vehicle refer to the victims of road traffic accidents other than the insured vehicle personnel and the insured. Vehicle personnel, including drivers and passengers of vehicles.
Personal injury or death refers to a person's physical injury or termination of life. According to the Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, there are 15 compensation items for personal injury according to law, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, nutrition expenses, disability compensation, disability assistive devices expenses, dependents' living expenses, rehabilitation expenses, follow-up treatment expenses, funeral expenses and death compensation. According to the degree of personal injury of the victim and the actual expenses incurred, the insurance company shall compensate within the limit of liability.
Property loss refers to the road traffic accident of the insured motor vehicle, which directly causes the actual damage to the existing property of the victim at the scene of the accident. Property loss does not include the loss of the insured motor vehicle's own vehicle and the property in it, nor does it include the depreciation caused by the change of market price, the loss caused by the reduction of value after repair and other indirect property losses.
Third, the compensation amount of the insurance company shall not exceed the liability limit. The limit of liability is the highest compensation paid by the insurance company. For the personal injury and property loss of the victim, the maximum compensation amount of the insurance company shall not exceed the liability limit, that is, the insurance company shall not be responsible for the part where the loss amount exceeds the liability limit. At the same time, insurance companies make compensation according to law, that is, the content and standards of compensation are implemented in accordance with relevant laws and regulations stipulated by the state.
At present, the compulsory motor vehicle insurance system in the world can be divided into two categories according to the protection content: one is personal injury and death insurance, such as Taiwan Province Province, Japan and South Korea and other Southeast Asian countries and regions; The other is insurance to protect personal injury and property loss, such as the United States, Germany, Britain and other countries. At present, China's compulsory insurance not only protects people and things, but also belongs to a broader scope of protection, which embodies the advanced and comprehensive nature of China's compulsory insurance system.
(2) The insurance company shall be liable for compensation within the liability limit of compulsory motor vehicle traffic accident liability insurance according to law, that is, regardless of whether the insured is liable in traffic accidents, the insurance company will make compensation within the liability limit according to the specific requirements of these Regulations and the provisions of compulsory motor vehicle traffic accident liability insurance. This compensation principle inherits the legislative purpose of the Road Traffic Safety Law, embodies the people-oriented spirit, and plays a very important role in effectively protecting the personal and property safety of road traffic passers-by and maintaining road safety and smoothness. This is also the innovation of China's legal system and insurance guarantee system, which reduces legal disputes and simplifies the handling procedures, which is conducive to the victims to obtain timely and effective compensation.
The compensation principle of compulsory motor vehicle traffic accident liability insurance is quite different from the traditional commercial motor vehicle third party liability insurance in China. The traditional third party liability insurance for commercial motor vehicles is formulated according to the Measures for Handling Road Traffic Accidents (which has expired). It adopts the principle of fault liability in dealing with road traffic accidents, that is, according to the causal relationship between the illegal behavior of the parties and the traffic accidents and the role of the illegal behavior in the traffic accidents, it determines the traffic accident liability and compensation liability of the parties. After the implementation of the new Road Traffic Safety Law, the core idea that the right to life is higher than the right of way is established from the perspective of protecting the personal safety of pedestrians and maintaining the safety and smoothness of roads. As a matching system with Road Traffic Safety Law, compulsory motor vehicle traffic accident insurance adheres to its legislative purpose, attaches importance to the protection of life, and adopts a brand-new compensation principle for personal injury and property loss of victims.
In the process of soliciting opinions from the society, the compensation principle of compulsory motor vehicle traffic accident liability insurance has aroused great controversy from all walks of life. One view is that no matter whether the insured is at fault in a traffic accident, the insurance company of the insured shall bear the liability for compensation, which is a new attempt in judicial practice, a legal protection for the weak and a concrete embodiment of the people-oriented spirit. Another view is that the separation of liability for compensation from liability for accidents is not suitable for China's economic, social and legal environment and the objective status quo of China's current traffic conditions. This compensation principle shifts the illegal cost of the offender to the law-abiding, which not only increases the economic burden of the insured, but also easily induces moral hazard, which is not conducive to maintaining road traffic safety.
In view of various viewpoints in the society, after in-depth analysis and research, the regulations fully absorbed everyone's opinions and suggestions on the premise of strictly observing the relevant provisions of the Road Traffic Safety Law, and further revised and improved the relevant provisions. At present, Article 23 of the Regulations sets "the compensation limit for which the insured is not liable in traffic accidents" as a supplement to the compensation principle of this article. Combined with the relevant provisions of Article 23, there are two situations in which an insurance company makes compensation within the liability limit of compulsory insurance for motor vehicle traffic accidents:
One is that when the insured is responsible for a traffic accident, the insurance company will compensate the victim for personal injury and property loss below the death compensation limit, medical expenses compensation limit and property loss compensation limit respectively.
The other is that the insurance company will compensate the victim for personal injury and property loss within the insured's liability compensation limit when the insured does not bear the responsibility for traffic accidents. On the one hand, it embodies the protection of victims, and whether the victims of traffic accidents are at fault or not, they can get certain economic compensation; On the other hand, it also takes into account the interests of the insured and the public, and embodies the principle of fairness.
From the perspective of foreign legislation, there is no unified approach to the principle of liability fixation for traffic accident infringement and the principle of compulsory insurance compensation for motor vehicle traffic accident liability. For example, Britain adopts the principle of fault liability; Germany adopts the principle of no-fault liability; Japan and South Korea implement the principle of presumption of fault, that is, motor vehicle drivers bear the burden of proof, and if they can prove that they are not at fault, they will not be liable for compensation. It is worth noting that the principle of no-fault liability is generally only for the personal injury or death of the victim, and for property losses, fault liability is generally implemented. At present, there are 13 States in the United States that implement the no-fault insurance system. Its essence is a kind of first-party insurance, that is, the insurance company of the insured motor vehicle will compensate the driver, passengers and pedestrians for personal injury or death, regardless of whether the driver is at fault or not, while the principle of fault liability is still implemented for the loss compensation of third-party motor vehicles and passengers.
(3) The insurance company will not compensate the victim for intentionally causing the loss of the road traffic accident, that is, if the victim intentionally caused the consequences of the traffic accident subjectively, and subjectively hoped or let the result happen, then the insurance company can use this as a defense to exempt from the liability for compensation. It is worth noting that if the victim intentionally violates the traffic rules, but does not want or let the result happen, or has no intention subjectively, this situation cannot be a defense to exempt the insurance company from liability, and the insurance company should still bear the corresponding liability for compensation.
Regarding the compensation of compulsory motor vehicle traffic accident liability insurance, the laws of various countries and regions have made corresponding provisions, such as:
1. Japan stipulates that compulsory motor vehicle traffic accident liability insurance adopts the principle of presumption of fault, and the Law on the Protection of Automobile Damage Compensation stipulates that anyone who uses a car for his own benefit shall be liable for the resulting damage. Unless he can prove that the following three conditions exist at the same time: (1) the motor vehicle user or driver has done his duty of care while driving; (2) A third person other than the driver or the victim has subjective intention or negligence; (3) The motor vehicle has no structural defects or functional obstacles. In addition, the principle of fault cancellation is also applicable to compensation. If the victim has more than 70% fault, the compensation amount shall be deducted accordingly.
2. The compensation principle of compulsory auto insurance in Korea is based on fault presumption. The Law on the Protection of Automobile Damage Compensation stipulates that a person who runs a car for himself must bear the liability for compensation if his own business behavior causes personal injury or death to others, except in one of the following circumstances: (1) When causing personal injury or death to non-passengers, he can prove that he and the driver are not at fault in the car business, and the victims other than himself and the driver are intentional or negligent, (2) When passengers are killed or injured due to intentional or suicidal behavior.
3. The principle of no-fault liability is adopted in compulsory automobile liability insurance in Taiwan Province. The Compulsory Automobile Liability Insurance Law stipulates that if the victim is disabled or killed due to an automobile traffic accident, the victim can claim insurance compensation within the insurance amount stipulated in this law, regardless of whether the perpetrator is at fault or not.
4. No-fault liability insurance in the United States originated in the early 1930s and the labor compensation system in the United States. It means that when a car accident happens, both parties give up the dispute over the attribution of fault liability in the car accident, and the victim of the car accident requests insurance compensation from his insurer. 1932 Columbia university automobile accident compensation research Committee actively advocated the automobile no-fault compensation system, 1965 put forward the "basic insurance" plan, and put forward a detailed plan on how to integrate the no-fault system into automobile insurance. 1970, Massachusetts first passed the legislation of no-fault automobile insurance and implemented the system.
The United States implements the no-fault automobile insurance system in order to reduce the high litigation cost in tort cases. Its essence is to change the third-party liability into third-party liability insurance, that is, the victim does not claim compensation from the accident party or the accident party's insurance company, but from his own insurance company, which is different from China's compulsory motor vehicle traffic accident liability insurance. In addition, the no-fault insurance system in the United States only aims at PIP of insured vehicles and pedestrians, and property losses are still compensated by fault liability. At present, due to the problems of no-fault insurance, such as rising rates and increasing moral hazard, only 13 of the 50 States in the United States still implement no-fault insurance.
Original address:
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.