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Drunk driving accident insurance companies bear responsibility

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					Drunk driving accident insurance companies bear responsibility
Drunk driving accident insurance companies bear responsibility

[At 09:52 on June 18th, 2010]



Drunk driving accident, mistake in drivers, the insurance company
should compensate it? June 17, the reporter learned from the Weihai
Intermediate People's Court, the hospital recently concluded with the
drunk driving accident insurance dispute, Judgement drunk driving
drivers and insurance companies are held accountable.

The judge described as the province's first drunk driving accident
insurance dispute case, the conclusion of this case overturned the
previous drunk driving accident the insurance company to pay only
Peifu the idea of compulsory insurance, reflecting the new judicial
philosophy.

Last year at 19:00 on February 2 and more, Wang drunk driving after a
small passenger car in front of a hospital in Weihai, the hit Gumou
motorcycle driving without a license, resulting in injuries on the
spot Gumou coma, two vehicles damaged. Gumou sent to hospital the same
day Jibei treatment, for a total cost of medical expenses 95,912.84
yuan. March 11, the traffic police make a determination of the
accident: Wang and Gu Mou bear equal responsibility for the accident.

As compensation for the long-term consultations to no avail, Gumou
Xiangrong into the city court, requesting the court to bear the loss
of 50% of the Wang. Wang also asked insurance company in the insurance
liability limits. Court, the insurance company contended that the
accident caused due to drunken driving Wang, so the insurance company
to pay only for the motor vehicle insurance liability limits in high
cost of advanced rescue, bear no other liability.

During a court hearing, also formed two opinions. One view was that
drunk drivers drive, the insurance companies in the compulsory traffic
accident liability insurance liability limits advance rescue expenses,
do not assume liability for other losses. Another view is that the
main purpose of insurance is to enable accident victims to receive the
basic protection of social welfare properties. All accidents
regardless of whether the parties are at fault and how the degree of
fault, the insurance company shall, within the sum insured
Xianhangpeifu, which should include the drunken accident.

Court of first instance for medical expenses the insurance company to
compensate Gumou 10,000 yuan, 110,000 yuan compensation disability;
sentence drunk driving by Wang, the loss of 90,636 yuan compensation
Gumou. Insurance companies refused to accept the Court of Appeal to
Weihai. Court of second instance upheld recently made the final
decision.

Points assessment

Weihai Intermediate People's Court Vice President Zhang Lijuan four
people: In real life, the driver drunk driving accident, the result of
facing criminal detention, sentence or a fine, compensation for
victims ignored, and some drivers in order to evade justice simply
"drop unknown ", which led to the isolation of the victim
into a dilemma. Therefore, the concept of the modern insurance
legislation is to protect the victims to receive compensation as a
starting point in time. As long as an accident, regardless of who is
responsible, the insurance company should be actively within the
insured amount of compensation. Of course, this provision is to
protect the victims of traffic accidents, drunk driving is not
condoned. Because under the law, if the drunk driving accident, the
insurance company for compensation, the right to recover the driver
drunk driving.

				
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