The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Road Traffic Accident Damage Compensation Cases stipulates that if a party requests an insurance company to pay compensation within the limit of liability for compulsory traffic insurance because of a traffic accident caused by drunk driving a motor vehicle, the court shall support it.
The third paragraph of Article 1 of the Interpretation of Several Issues Concerning the Application of Laws in the Trial of Road Traffic Accident Compensation Cases (Draft for Comment) also stipulates: knowing or should know that the driver cannot drive a motor vehicle according to law because of drinking alcohol, taking psychotropic drugs or narcotic drugs controlled by the state, or suffering from diseases that hinder the safe driving of motor vehicles;
China court network-the Supreme People's Court on the trial of road traffic accident damage compensation cases
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Case study: A red shepherd jeep crashed into a 10 car on Hongwei Second Road in Dongcheng, and the driver Xiong was thrown out of the car and died on the spot. Yesterday, it was confirmed from the traffic police department that the driver Xiong was drunk driving, and the blood test results showed that his alcohol content reached 307.4m m.
G/ 100mL, nearly 4 times more than the drunk driving standard.
I had dinner with my friends that night and drank too much.
On the day of the incident, the Dongguan traffic police did not reply to the media about whether the driver Xiong had drunk driving. At the rescue site that day, the medical staff involved in the rescue said that when the driver Xiong was rescued, he could smell a strong smell of alcohol, which was suspected to be drunk driving. When the reporter then approached the bear body that died on the spot after being rescued, he could still smell some wine. The Audi driver who was hit was sure that the jeep driver must have drunk, otherwise he would clearly see his car parked on the side of the road. "He drove fast and obliquely, and no measures were taken during the whole collision."
In this accident, * * 10 vehicles were damaged to varying degrees. Afterwards, these vehicles were towed away by the traffic police department for damage assessment. It is understood that among the 10 cars that were hit, the * * * 4 car was seriously damaged. Yesterday afternoon, I contacted one of the car owners who lived in Jinghu Times City. According to him, after the vehicle was damaged, it was told by the insurance company that it could not claim compensation. "The traffic police department determined that the driver was drunk, and the insurance company refused to pay the claim accordingly." In this regard, Zhang Yuanlong, a lawyer of Guangdong Dengrun Law Firm, believes that drunk driving belongs to the scope of exemption. The car owner who was hit can make civil compensation to the family of the deceased.
As for some citizens, there are often car owners racing along the Second Hongwei Road in Dongcheng. The reason for racing is the lack of traffic lights and cameras. Yesterday afternoon, the person in charge of the Dongcheng Traffic Police Brigade said that the Dongcheng traffic police had not received relevant complaints before. "After the public reflected this situation, the traffic police were arranged to stop the car near Hongwei Second Road every night these days to check drunk driving. At present, no one has been found driving on Hongwei Second Road. "
[Traffic Police Response]
Will communicate with Cheng Nan, whether to install traffic lights?
The person in charge of the Dongcheng Traffic Police Brigade also said that the main reason for this incident was the driver's lack of traffic safety knowledge, and the responsibility could not be attributed to the lack of traffic lights and cameras on Hongwei Second Road. "Hongwei Second Road is only three or four hundred meters away, so it is impossible to install a camera separately. There is a lack of traffic lights at intersections. That place belongs to the jurisdiction of Cheng Nan traffic police. We will communicate with Cheng Nan to see if traffic lights are installed. " The person in charge said that in order to avoid accidents, it is mainly to improve the driver's awareness of traffic safety.
Theoretically, whether it violates traffic regulations has no effect on insurance compensation. Because auto insurance is transferring various risks, regardless of whether these risks are caused by violations, insurance companies should bear them. If you want, no.
Compensation for insurance money, then the insurance company must write down drunk driving as an exemption from insurance liability in the terms of the insurance contract. Once the driver has an accident while driving under the influence of alcohol, the insurance company can follow these contract terms.
Refuse to pay compensation. This kind of contract clause is called "liability exemption clause". Of course, we need to appeal to the majority of riders here, "Don't drink when driving, don't drive when drinking. We must pay attention to the safety of ourselves and others. "
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