The maximum compensation for drunk driving insurance is 250,000
At the beginning of this year, Tianan Insurance Company launched the "Special Insurance for Motor Vehicle Loss in Extraordinary Accidents" nationwide, with a premium of 2,000 yuan each. For the first time, the liability for drunk driving is listed as insurance, and the driver can get a maximum compensation of 250,000 yuan. This also means that after the driver has taken out this insurance, the insurance company will pay for running over a person and injuring a pedestrian after drinking.
According to reports, because the company did not carry out large-scale publicity at that time, the insurance coverage rate was not high. Up to now, there are more than 300 motor vehicles insured by this insurance in China, and no compensation case has occurred. In Guangzhou, there are even fewer insured vehicles for this type of insurance, and there is no claim at present. Recently, due to media reports, the number of consultation telephones and insured vehicles has increased.
Only part of civil liability is exempted.
While the industry has been talking about the introduction of this type of insurance, the China Insurance Regulatory Commission, as the regulatory department of insurance companies, has remained silent. Tianan also said that the introduction of this insurance was also approved by the China Insurance Regulatory Commission. Yesterday, the China Insurance Regulatory Commission finally issued a statement on this matter, saying that "drunk driving insurance" is different from ordinary property insurance and is a kind of liability insurance. The main purpose of liability insurance is to protect the interests of the third party who is damaged by the insured's behavior.
According to the law, the legal liability caused by drunk driving includes civil liability, administrative liability and criminal liability. All drivers who drink and drive should bear administrative responsibility, civil responsibility should only be borne when they cause harm to others, and criminal responsibility should also be borne if they constitute a crime. In other words, "drunk driving insurance" can only help drivers to reduce part of their civil liabilities, and cannot take the place of drivers to bear administrative and criminal liabilities.
Other insurance companies said they would not follow suit.
It is reported that at present, there are no other insurance companies in Guangzhou market to launch this type of insurance, and on August 12, several major domestic property insurance companies also issued a statement saying that they will not launch drunk driving insurance with Tianan Insurance Company in the near future. (Reporter Shi Liping)
Insurance does not cover administrative liability and criminal liability.
For the new type of "drunk driving liability insurance", the relevant person in charge of Guangzhou police said in an interview yesterday that it is against laws and regulations to abandon drunk driving itself, and "drunk driving insurance" is actually only a third-party liability insurance. Drunk driving still bears administrative and criminal responsibility.
According to the law, the legal liability caused by drunk driving includes civil liability, administrative liability and criminal liability. The purpose of "drunken driving liability insurance" is to protect the interests of the third party who is damaged by the insured's behavior, so that the damaged third party can obtain economic compensation more effectively. In other words, "drunk driving insurance" is actually only aimed at civil liability in traffic accidents, while the other two liabilities, administrative liability and criminal liability, cannot be guaranteed at all. If something happens to a drunk driver, you have to bear administrative responsibility. If the nature is bad, you can't escape the corresponding criminal responsibility if you kill someone. (Ouyang Chen)
Reactions of all parties:
Driver: Insurance is better than nothing.
Mr. Lin, a taxi driver, said that he was insured against all risks of motor vehicles, but drunk driving was illegal and would definitely not try his best. Therefore, even if the insurance company sells such insurance, he will not take out insurance.
Xiao Zhao, who works as a boss driver in a company, said that he would know about this kind of insurance, and whether to take out insurance depends on the terms. He said that drinking is inevitable because he often goes out to socialize with his boss, so there are certain risks.
Driver Kun said, I won't drink and drive, but I can't guarantee that other drivers will be like me. If the other party is insured, it is also a guarantee for the victim. (Shi Liping)
Lawyer: Reasonable and legal, suitable for national conditions.
Li Zhuoming, a lawyer from Guangdong Hao Ming Law Firm, said: "Drunk driving liability insurance" itself is not illegal. He said that the advantages of "drunk driving liability insurance" outweigh the disadvantages. First, it is not to encourage drunk driving, but to protect innocent third parties who are damaged in traffic accidents, so as to avoid some situations in which third parties can't afford insurance and have nowhere to pay. Second, China's wine culture is quite popular, and there must be many people who drink and drive. Since there are people who drive after drinking, it is naturally reasonable to introduce corresponding liability insurance, which is more suitable for China's national conditions. (Ouyang Chen)
Contradictory views:
Objection: it will condone drunk driving.
Drunk driving, which has been included in the scope of liability exemption, is now covered by insurance companies, and the market is in an uproar. Opponents believe that this kind of insurance is suspected of "encouraging drunk driving and helping it escape its responsibilities after the accident", which endangers social order.
Some citizens said: "With the insurance company paying the bill, isn't it more unscrupulous for drivers to drink and drive?" Some people think that drunk driving is against social morality and traffic rules. Therefore, this kind of insurance is obviously playing against the traffic police, "there is suspicion of contributing to crime." Does this mean that other illegal acts, such as murder and arson, can also be covered by insurance? Insure against this illegal act, so insurance itself is illegal.
In favor of: protecting the interests of victims
Professor Shen Shuguang, director of the insurance department of Sun Yat-sen University, believes that the insurance mainly protects the personal injury or property loss of a third party caused by an accident caused by drunk driving. After all, the driver himself is the first person who is unsafe in drunk driving, and the insurance company will not compensate the driver for his losses, so even if he is insured, he will not deliberately make trouble after drinking. Losses caused by serious violations such as running a red light and driving in the opposite direction can be insured, as can drunk driving.
Professor Shen said that many drunk drivers can't bear the effective compensation responsibility for accident victims because they have no financial compensation ability, and the victims can only admit that they are unlucky, which shows that there is an objective demand for protection, and it is understandable for insurance companies to develop such insurance. (Shi Liping)
Reporter's Note: Don't mislead consumers.
The fear that "drunk driving insurance" will encourage drivers to drive after drinking is deeply rooted. People's understanding of insurance is still limited, and many insurance agents mislead consumers under the banner of "all-inclusive" when selling insurance.
If the insurance company doesn't explain it well, it is easy for the insured to think that the insurance company will cover all the responsibilities of drunk driving accidents, including the losses of itself and the vehicle, and be unscrupulous when driving. Therefore, Professor Shen Shuguang, director of the insurance department of Sun Yat-sen University, believes that although the insurance clauses clearly stipulate the responsibilities of both parties, insurance companies are still obliged to explain the responsibilities of both parties for the insured to avoid problems.