If a drunk driver hits someone, the insurance company will pay first. ? This is for the past? Drunk driving hits people, and the insurance company doesn't pay for it? The understanding of convention is a brand-new subversion.
It is no wonder that after the Huaiyin District Court of Jinan City, Shandong Province made such a judgment, the insurance company chose to appeal without hesitation. Recently, Jinan Intermediate People's Court made a second-instance judgment according to law and upheld the first instance? Drunk driving hits people, the insurance company pays first? Judgment. The reporter learned from the Shandong Provincial High Court that this is the first case in China in which an insurance company for drunken driving accident was compensated.
This view of awarding compensation is unprecedented, and the judgment of the second instance proves that our intention of law enforcement is completely correct. ? Ding Zhe is a judge of Huaiyin District People's Court. For the first time, he firmly put forward the view that insurance companies should pay first in drunk driving cases.
In July 2007, Ren Jingshan, a citizen of Jinan, drove a tourist minibus and knocked down Zhao, who was walking on a crosswalk, causing damage to the tourist minibus and injury to Zhao. When the traffic police investigated the scene, they determined that Ren Jingshan was drunk driving and that he was mainly responsible for the accident.
Zhao found out during his hospitalization that Ren Jingshan was an employee of Jinan Post and Telecommunications Engineering Company. In the year of the traffic accident, our company insured compulsory motor vehicle traffic accident liability insurance and third party liability insurance in PICC Property Insurance Jinan Company.
After Zhao was discharged from the hospital, he sued the insurance company to the Huaiyin District Court of Jinan City with a complaint in the case of unsuccessful negotiation with Ren Jingshan for compensation.
After trial, Huaiyin District Court ruled that the insurance company and Ren Jingshan should bear the same liability for compensation. ? The direct result of this judgment is that the victim, as a joint and several obligor, has the right to claim compensation from the insurance company at the first time, regardless of whether Ren Jingshan has the ability to compensate. ? Judge Ding Zhe told reporters.
However, the insurance company objected that the traffic accident was caused by Ren Jingshan's drunk driving. At the same time, according to Article 22 of the Traffic Accident Insurance Regulations, if the driver is drunk, the insurance company will only pay the rescue expenses within the limit of motor vehicle compulsory insurance liability, without having to bear other liability for compensation.
Accordingly, the insurance company appealed to the Jinan Intermediate People's Court.
After receiving the appeal from the insurance company, Jinan Intermediate People's Court set up a collegial panel to discuss the case many times.
Sui, the judge handling the case, said that the reason why this case is ordinary is because drunk driving is a type of case that is prone to occur frequently. The reason why it is unusual is also because the jurisprudence and regulations on which the first-instance judgment is based completely subvert the previous thinking of trying such cases. The result of the second trial of this case will directly determine whether this new concept can be implemented in courts at all levels in the city. ?
In order to seriously hear the case, Sui read the Law of the People's Republic of China on Road Traffic Safety and the Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents, trying to find the relevant basis from the source of legislation.
He said that motor vehicles must be insured with compulsory insurance, and the original intention of legislation is to ensure that victims of traffic accidents get compensation in time. From this point of view, if the driver causes an accident after drinking, the insurance company will be exempted, and it is likely that the legitimate rights and interests of the victims will not be protected, which is contrary to the legislative purpose of the two laws. At the same time, there is no provision in the compulsory insurance regulations that excludes personal injury or death caused by drunk driving, and insurance companies are exempt from liability.
After in-depth study of legislative intent and practice, Jinan Intermediate People's Court upheld the first-instance judgment of Huaiyin District Court. On the day of the judgment of the second instance, the insurance company paid Zhao compensation of 58,000 yuan.
The second instance judgment of Jinan Intermediate People's Court gave one? Signal? This means that the grass-roots hospitals in this city can directly list the insurance companies as co-defendants when trying such drunk driving accidents, and they will be liable for compensation.
Ding Zhe analyzed the legal support of his first-instance judgment to reporters. ? The only reason for the insurance company's exemption is the intentional behavior of the victim. In addition, the performance of compensation is both a legal responsibility and a mandatory responsibility. ? He explained that the driver involved in the accident has general negligence or no negligence, and the insurance company still needs to bear the responsibility, while drunk driving obviously has gross negligence, but bears a small part of the responsibility, which obviously violates the original intention of legislation.
Besides,? Just because the insurance company has assumed the liability for compensation in advance does not mean that the drunk driver can get rid of the responsibility. ? Ding Zhe said that this judgment mode is by no means connivance and laissez-faire for drunk drivers. After fulfilling the liability for compensation, the insurance company can claim compensation from the drunk driver according to the law. ?
What is the ultimate goal of this judgment?
Ding Zhe told reporters based on many years' experience in handling cases that after an accident caused by drunk drivers, they ignored the compensation for the victims because of criminal detention, sentence or fine, and some drivers simply disappeared in order to escape legal sanctions. At this time, the victims are bound to fall into the plight of isolation, and it is easy to petition and petition.
Let the insurance company pay first, and then recover from the drunk driver. On the one hand, it can protect victims' rights and interests in the first time, timely and effectively resolve grassroots contradictions, on the other hand, it can also deter and punish drunk drivers, which embodies the combination of active justice and humanized justice. ? Bai, vice president of Huaiyin District Court in Jinan, said.