Should the hit-and-run insurance company compensate Wu Mou for leaving the scene? Subjectively, there is no intention to escape the victim's rescue and legal investigation, and his departure from the scene should not be considered as escape. So the insurance company should compensate. Brief introduction of the case: 2065438+At about 22: 45 on March 23rd, 2005, Guangdong Y87XX was driven from Huang Qi, dali town, Nanhai District to Yanbu, and when it reached the top of the overpass bridge of Dongxiu Railway in Yanbu, dali town, Nanhai District, the vehicle was driven in the opposite direction and collided with Guangdong H94XX (followed by Wang), causing Li's death. After the accident, Wu Mou abandoned his car and fled the scene. It was determined by the traffic police brigade of Nanhai Branch of Foshan Public Security Bureau that the hit-and-run was fully responsible for the accident, and Li was not fully responsible for the accident. After investigation, it was found that the owner of the car with the license plate number of Guangdong Y87XX was Defendant 2, who bought compulsory liability insurance and commercial insurance in Foshan Central Branch of Defendant Sanhua Property Insurance Co., Ltd. After the accident, Li took care of his vehicle property and sued the insurance company for 98,580.24 yuan in early medical expenses. The court ruled that China * * Property Insurance Company compensated Li for various losses of 98,580.24 yuan (compulsory insurance 1 0,000 yuan, and the rest was commercial third party insurance). Senior lawyer analysis 1. During the trial, the driver Wu Mou argued that he didn't run away at that time, but went back to get the driving license and driver's license. In addition, after the accident, Li called a group of people. Wu Mou was afraid of being beaten, so he abandoned the car and left the scene. At 2: 0015 on March 24th, he contacted Yanbu Squadron of Nanhai Traffic Police Brigade by telephone and provided the call records as evidence. 2. Regarding whether the act of leaving the scene belongs to driving and escaping, the court found out that he did not leave the scene immediately after the accident, but left by himself after the ambulance sent Li, Wang and the driver of another damaged vehicle away. On March 24th, he contacted Yanbu Squadron of Nanhai Traffic Police Brigade at 2: 15, and under its guidance, he went to the squadron for investigation that morning. To sum up, Wu Mou's behavior of leaving the scene is that if you have more questions, you can consult a professional lawyer or directly entrust a lawyer to help you out of the legal dilemma.
Legal objectivity:
Article 12 16 of the Civil Code stipulates that if the driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurer shall make compensation within the liability limit of compulsory insurance for motor vehicles; If the motor vehicle is unknown, the motor vehicle does not participate in compulsory insurance, or the rescue cost exceeds the liability limit of motor vehicle compulsory insurance, and the injured person needs to pay the rescue and funeral expenses, the social assistance fund for road traffic accidents shall pay in advance. After the social assistance fund for road traffic accidents is advanced, its management institution has the right to recover from the person responsible for traffic accidents.