1, the concept of
Third Party Liability
third party liability (liability insurance for short) refers to the use of the insured person or allow the driver accident occurred during the insured vehicle, resulting in personal injury or property third party to suffer direct damage, it should bear the financial responsibility according to the law by the insured, the insurance company liable. Meanwhile, if the insurance company by written consent, arbitration or litigation costs are therefore occurrence of an insured person, the insurance company outside the limit of liability for compensation, but not exceeding 30% of the limits of liability.
in the past the vast majority of local government as the third party liability insurance compulsory insurance coverage, do not buy this insurance, the vehicle will not be on the card can not be annual. After the introduction of compulsory insurance in motor vehicle traffic (referred to Traffic Insurance), third party liability insurance has become non-compulsory insurance. Because pay high insurance property damage at third party and partial compensation medical costs low, consider buying third-party liability compulsory insurance as a supplementary insurance to pay.
amount of insurance third party liability insurance of $ 40,000, 10 million, 20 million, 30 million, 50 million, the maximum amount of insurance compensation in the amount of the purchase of the insurer, is exceeded in part by the insurer themselves.
Third Party Liability
1. Insured or to allow the driver of the vehicle in the course of using the insurance accidents, resulting in personal injury or property third party to suffer direct damage, and should bear the financial liability of the insured, the insurer liable in accordance with the provisions “approach to road traffic accidents” and insurance contracts. But the aftermath of the accident produced, the insurer is not responsible.
(1) the insured person allowed to drive, there are two meanings: one is permitted insured drivers, means the holder of a driving license of the insured themselves, their spouses and their immediate family members or the insured employees, insured or driver to use the vehicle during the execution of the work delegated insured person, driver or the insurer and insured vehicle with the use of a commercial lease. twoIs qualified, refer to the above-mentioned driver must hold a valid driver’s license and permission to drive the vehicle in line with the provisions of the driving license was driving. Only “allow” and “qualified” two conditions are fulfilled in the use of the driver of the insured vehicle insured event occurs loss, the insurance people be compensated. Privately insured vehicle being driven away, or without the owner’s unit in charge of the insured vehicle belongs to the person in charge agree, the driver who drove secretly promised, can not be regarded as “permitted the insured motorists’ driving, this happens accident , the insurer is not responsible for compensation.
(2) Accident: means the perpetrator is not willful, but the perpetrator as well as unforeseen and unexpected events causing casualties or property damage irresistible. Accident vehicles are divided into:
① road accidents: accidents that occur on every road is a road traffic accident, namely insurance of vehicles in highways, city streets, alleys (Lane), a public square , public parking accident occurred. “Local roads, city streets and alleys (Lane), as well as public squares, public parking lots for vehicles, pedestrians’ road that is under the” People’s Republic of China Road Traffic Regulations. ” ?
third party liability insurance ② non-road accident: accident insurance, etc. vehicles occurred in the railway crossings, ferry, office building, rural yard, country lanes.
road traffic accidents are generally handled by the traffic administration department. But for the non-insured vehicle road accident occurred in off-road locations, public security and traffic management departments generally inadmissible. At this dangerous condition may please local government departments in accordance with the provisions of road traffic accidents, study treatment, but should refer to the “road traffic accident approach” provides the scope of compensation, and the project required standards and insurance contracts calculate the amount of insurance claims. Accidents or cases of both the insured parties have serious differences between the two sides of the dangerous condition of public security traffic management department or process the views of local government departments can be submitted to the courts to resolve.
(3) a third party: in the insurance contract, the insurer is the first party, also known as a first person; insured or covered vehicle virulence second party, also known as the first both; in addition to the insurer and the insured, the insured vehicle due to an accident causes the insured persons under the vehicle suffered personal injury or property damage, the victim in the car of a third party, also known as third party. The same insuredAccidents between vehicles, counterparty does not constitute a third party. ?
(4) personal injury: a person’s bodily harm or termination of human life. ?
(5) direct damage to property: Refers to the insured vehicle accidents, a direct result of the actual scene of the accident damage to existing property of others. ?
(6) the financial liability which shall be borne by the insured person: refers to the approach by road traffic accidents and the relevant laws, regulations, accident liability that the insured (or driver) as it should be paid the amount of compensation. ?
(7) the insurer liable for: the insurer compensated in accordance with the “road traffic accident approach” and the insurance contract. The insurance contract refers to the basic insurance terms, additional risk provisions, special agreement, the relevant provisions contained in the insurance policy, the insurance endorsements and other third party liability insurance as required scope of the project, the standard compensation. In addition, the insurer is not entirely unconditionally assume the insured amount of compensation shall be paid according to the law, but compensation in accordance with the provisions “approach to road traffic accidents” and the insurance contract, whether it is road traffic accidents or non-road accidents, third liability insurance for damages are in accordance with the “road traffic accidents Rules” compensation range, standards as the basis for the calculation of insurance claims, based on this, the insurance indemnity is calculated in accordance with the relevant provisions contained in the insurance contract, in Shihai claims deductible provisions should be part of the contract excluded. ?
(8) with the aftermath: refers to matters other than civil liability for the accident for proper cooking. Specific issues such as insurance caused by vehicles rescue, medical care, mediation, litigation and other injuries to others involved. ?
2. The prior written consent of the insurer, the insured damage to a third party is brought for arbitration or litigation, the insured shall pay to arbitration or litigation costs and other expenses, the insurer responsible for compensation. The amount of compensation shall be calculated separately outside the limits of liability set forth in the insurance policy, up to no more than 30 percentage limits of liability.
third party liability insurance 1) Insurance caused by vehicles followingPersonal injury or property damage, whether or not it should bear the legal liability of the insured, the insurance compensation per capita is not responsible for:?
(1) the life insurance and their family members of casualties, all hosted or property Loss. ?
the property insured person or allow the driver of all or hosted: including its own insured person or allow the driver of the property, or property owned jointly with another part, or in place of keeping the property of others.
For some large scale insurance unit, “own property” can be mastered within the scope of the property of their respective independent accounting units. For example, a transportation company under the A, B and two teams each independent accounting by the transport company for the insurance of third party liability insurance, the Team A Team A vehicle damaged property, the insurer is not responsible, Team A vehicle crashed B team of property, the insurer may be responsible.
third party liability insurance on the property damages grasp the principle: the insurer to pay compensation to the injured party can not eventually fall into the hands of the insured, but collisions are the subject of the insured vehicle damage insurance may be appropriate, deal with.
Such as: A, B two vehicles insured are the same unit, but also in financial accounting is the same accounting unit. Two cars are individually insured third party liability insurance, A, B two vehicles collided causing the two vehicles damaged in varying degrees, the insurer is not compensable.
Another example: A, B two vehicles insured are the same unit, but also in financial accounting is the same accounting unit. A car insured loss of vehicle insurance and third party liability insurance, single-B car insurance third party liability insurance, two car collision. A car 10,000 yuan loss, loss of car B 5,000, primary responsibility A vehicle (70 percent assume responsibility), negative secondary responsibility car B (30 percent assume responsibility). Compensation is: A car insurer for compensation of loss of vehicle insurance 7,000 yuan, B loss of all cars and armored vehicles should bear the financial responsibility 30 percentage should be excluded from compensation.
third party liability insurance (2) the driver of the vehicle and their families in personal injury, loss of property owned or hosted. Private vehicle, the insured individual contract vehicle or allow the driver and their family members, as well as the property they owned or hosted. Specifically in the following four situations:?
① family members of the insured private, personal contract vehicle, according to independent throughAccount divided difference economy. ? For example: parents, brothers people, each a separate account Separated family members refer to a member of each household, and can not simply be divided according to whether the immediate family. The couple separated in two places, although the two accounts, due to both economic independence is not, in fact, are one, so the account can only be regarded as a.
of this article should follow a principle: the perpetrators themselves can not obtain compensation that the insurer pay the compensation to the injured party, not ultimately fall into the hands of the insured person.
② private, individual contractors vehicles insured and their family members of all or escrow property. It refers to its own insured person or allow the driver and their family members, property, or part of the property owned jointly with another or others instead of keeping their property.
③ private vehicles: vehicles owned by private vehicle. Such as personal and private vehicles and the like.
④ individual contractor vehicle: an individual contractor, vehicle others.
(3) of this vehicle personal injury or property damage other personnel. All persons and property
this car : refers to the moment the accident occurred, all the persons and property insured on this vehicle, including the driver in the car at this time. This includes when the vehicle is moving or parked vehicle is not abnormal to get off of personnel, property and cranes are lifting.
2) not covered vehicle towing vehicle third party liability insurance (including trailers) towing another vehicle or not third party insurance liability insurance.
insured vehicle towing vehicles (including trailers) or other towing thereof, both of which have at least one non-third party liability insurance. Whether the insured vehicle towing uninsured vehicles, towing vehicles insured or uninsured vehicles are all insured vehicles increased degree of risk beyond the normal scope of insurance liability assumed, so any losses arising therefrom, no compensation insurer (public security traffic management wrecker towing vehicle barriers not included). But towing vehicles and towed vehicles are insured against loss of vehicle insurance, vehicle insurance within the scope of responsibility of the loss occurs, the insurer cope with the loss of vehicles partially liable. ?
3) The following losses and expenses, the insurer is not liable for :
(1) Insurance vehicle accidents, resulting in insured orThird party closed, suspended, power, water supply, gas stops, stop, interruption of communication losses and various other indirect losses. After the insured vehicle damage insurance accident occurs, the loss of driving ability, to repair damage from this period, the insured can not continue out of business or loss of transportation, insurance, compensation per capita is not responsible. ?
insured vehicle accidents cause a third party to stop operating, stopped vehicle, production or communication is interrupted and can not be normal power supply, water supply, gas supply and other personnel losses caused thereby, property or interests loss, whether it should be the responsibility of the insured regardless of the law, the insurer liable for compensation.
(2) compensation for moral damage: refers to the result of an accident caused by the insured, concerning any compensation for moral damage regardless of whether the law should be undertaken by the insured.
4. The limits of liability determined
third party liability insurance third party liability insurance maximum for each insured accident is calculated on the basis of the premium, but also third party liability insurance the insurer bear the maximum amount each accident compensation amount.
1) liability limit each accident by the insured and the insurer at the time of signing the insurance contract by 5 million, 10 million, 20 million, 50 million, 1 million yuan and 100 million yuan does not exceed $ 10 million level consultation. The maximum compensation limit per incident of third party liability insurance shall be determined according to choose different types of vehicles. Determined as follows:
(1) in different regions, the maximum for motorcycles, tractors divided into four grades: 2 million, 5 million, 100,000 yuan and 20 million; motorcycles, maximum compensation limit per accident tractor of their choice due to the principle of different regions is different, consistent with the “car insurance rate regulations” related to motorcycles, tractors open policy area sales division. Namely Guangdong, Fujian, Zhejiang, Jiangsu four provinces and municipalities (Beijing, Shanghai, Tianjin, Chongqing), municipalities (Shenzhen, Xiamen, Ningbo, Qingdao, Dalian), provincial capitals, cities, the regional capital city is a Class A, the lowest select 5 million and other areas belonging to classes B, the lowest option 2 million. ?
(2) In addition to motorcycleCar, the maximum compensation limit other motor vehicle third party liability insurance outside the tractor divided into six classes: 5 million, 10 million, 20 million, 50 million, 1 million yuan and 100 million yuan, and the maximum not more than 10 million yuan. For example, the following six buses into five million, 10 million, 20 million, 50 million, $ 1 million and over $ 1 million is not more than 10 million yuan, etc. grades, for self-insured and the insurer when the insured negotiation choose OK. ?
2) the insured risk occurs when the main vehicle and trailer connection, the insurer liable for compensation within the limits of the main responsibilities of the car. When the insured event occurs, the liability arising trailer deemed the main vehicle liability arising. Trailer insurer liability and liability for the amount of the main vehicles of compensation and negative, to the main limits of liability is limited to the car. ?
Note: The trailer car insurance and regarded as the main one, refers to the main truck and trailer must be insured against third party liability insurance and is the main vehicle towing a trailer. Regardless of whether the liability is caused by the trailer, are deemed to be caused by the main car, the total liability of the insured third party liability insurance with limits of liability is limited to the main car. The main vehicle, trailer at different insurance companies after the occurrence of an insured event, the insured shall claim the insurance company underwriting the main car, it should also provide the main vehicle, trailer their insurance policy. Two insurance companies in accordance with the proportion of third party liability insurance premiums on the insurance policy stated charged by sharing compensation.
5, claims handling
provisions third party liability insurance (a) franchise of ?
According to the insurance vehicle drivers responsibilities in the accident, the insurer within the limits of liability set forth in the insurance policy, according to the following franchise deductible:
(1) take full responsibility for the franchise is 20 percentage, bear the main responsibility the franchise percentage is 15, the franchise equally responsible for the percentage of 10, the negative secondary responsibility for the franchise 5 percentage.
(2) loading a predetermined security violation, the percentage increase in 10 franchise. ?
(b) the third party liability insurance compensation
PaulAfter the accident insurance, the insurer within the limits of liability in accordance with the provisions of the agreement “approach to road traffic accidents,” the scope of compensation, as well as project and standard insurance contracts insurance policies set forth in the approved amount of compensation.
without the written consent of the insurer, the amount of compensation to be paid by their own commitments or the insurer, the insurer is entitled to re-approval. Does not belong to the scope of compensation insurer or the insurer should exceed the amount of compensation, the insurer is not liable for damages.
compensation and compensation in accordance with standard third party liability insurance: the provisions of
when (1) the occurrence of the insured vehicle third party liability accident, should be based on China’s current “approach to road traffic accidents.” the scope of compensation, project standards and regulations and deal with insurance contracts. ?
(2) the amount of compensation in accordance with the approved limits of liability set forth in the insurance policy. ?
① When the amount of compensation in proportion to the insured’s responsibility for the accident exceed the limits of liability:
= compensation liability limit × (1- franchise)
[123? ] ② the amount of compensation when the insured person’s responsibility for the accident proportionally lower than the limit of liability:?
= are liable for indemnity amount × (1- franchise)
(? the amount of compensation 3) self-commitments or payments: that is not eligible for compensation specified range “approach to road traffic accidents”, project standards and regulations and insurance contracts, and without the prior consent of the insurer agreed to assume the insured without the consent or pay reparations.
(c) the principle of one-time compensation?
claims the amount of compensation requested by the insurer and the insured consultation on additional insured, the insurer We are not liable. Motor vehicle third party liability insurance should follow the principle of one-time compensation closed, closed after the insurer pays the insurance for third party liability insurance accident, any compensation for the cost of the additional insured victim is no longer in charge. ?
(d) continuous liability insurance
after compensation for the insured, the insurance contracts remain in force until the expiration of the insurance period. Third party liability insurance liability insurance for the continuous responsibility. Insured vehicle third party liability insurance accident occurs, the insurer pays, regardless of whether the insurance liability per accident limit in the insurance period, the insurance third party liability insurance is still thereEffect until the insurance expires.
6, additional risk
third party liability insurance before the insured vehicle liability insurance, car insured third party liability insurance on the basis of cargo liability insurance, no-fault liability insurance, vehicle liability insurance of goods falling. ?
vehicle liability insurance ?
accidents, resulting in personal vehicle insurance staff casualties, economic compensation liabilities shall be borne by the insured, the insurer liable. ?
insured under this insurance and car use, accident, resulting in casualties personal vehicle insurance, financial liability according to law shall be borne by the insured, and the insured loss reduction the calculation of compensation within the insurance liability limits necessary and reasonable rescue, protection costs, the insurer paid by the insurance policy stated.
(1) illegal take personal casualties.
(2) board staff due to illness, childbirth, self-mutilation, fighting, suicide, criminal behavior caused personal injury or suffered personal injury under the car at the time.
losses due to the following reasons, the insurer is not liable for:
① Where due to illegal take a direct result of the accident, causing casualties, the insurer shall not be liable
[123 ] illegal take of staff: refers to passengers and passenger load or exceed the approved number of passengers and so on. ?
② Because the driver of this car intentional act or personnel due to illness, childbirth, self-mutilation, fighting, suicide, personal injury or death caused by criminal acts, as well as board officers suffered under the car at the time personal injury or death.
(c) limits of liability?
vehicle liability insurance and limit the number of seats per person consultation by the insured when the insured and the insurer. The number of seats to the number of insured Insurance approved passenger vehicles is limited. ?
when the insured event occurs, such as the number of casualties on board more than the number of seats the insured, the insurerLiable for damages which the insured portion of the number of seats only.
Approved passengers: refers to the number of passenger cars with license enshrined.
(iv) compensation deal
agreed compensation for personal injury
board staff of the press “approach to road traffic accidents,” the provisions of the scope of compensation, as well as project and standard insurance contracts, the amount of compensation per person does not exceed the limit of liability of the person named therein, the number of insurance compensation to the number of seats is limited. The scope of compensation
(1) casualties on board, projects and standards prescribed “approach to road traffic accidents,” the subject, on this basis, set out under the policy limits of liability and insurance every seat seat number of computing the amount of compensation.
(2) each corresponding compensation are implemented franchise, franchise and measures substantially the same predetermined risk of franchise.
car cargo liability insurance
accidents, resulting in cargo insured vehicle suffered direct damage financial liability, the law should be undertaken by the insurer, the insurer liable. ?
(b) Exclusions? (1) looting, natural wear and tear, own defect, shortage, death, decay, deterioration of goods caused by the loss.
(2) the law, violation carry or loss caused by poor packing. ?
including those resulting from the packaging, fastening poor, loading, cargo cover damage caused by improper. ?
illegal cargo: cargo means more than public security traffic management department approved the length, width, height, and so on.
(3) board staff to carry personal items. ?
(c) limits of liability?
limits of liability determined in consultation by the insured when the insured and the insurer.
(iv) compensation deal?
when claim the Assured shall provide the waybill, the office of the prices of goods and other related documents to prove. The insurer within the limits of liability of compensation is calculated according to the price of departure. Every time the implementation of 20 percent of compensation franchise. ? Goods
carrier loss occurs within the insurance coverage, the insurer liable for compensation according to the price of departure within the limits of liability.
third party liability insurance Third, the no-fault liability insurance? (a) insurance?
insured vehicles and non-automotive or pedestrian traffic accidents, resulting in personal injury or other damage to property directly, insured vehicle no-fault party and refused to compensate the insured unsuccessful, the insured person has to pay to the other party can not recover, the insurer shall “approach to road traffic accidents” and the dangerous condition of the local road traffic accidents, the required standards, is calculated in the limit of liability compensation. Every time the implementation of 20 percent of compensation franchise.
(b) the liability limit?
limits of liability determined in consultation by the insured and the insurer within 5 million.
no-fault liability insurance can be understood from the following aspects:
(1) are covered by a car accident present additional risks during use, and non-automotive, pedestrian traffic accidents caused by the other direct casualties and property damage, the insured vehicle no-fault party, in accordance with relevant provisions of the “road traffic accident approach” for financial compensation section 10 percentage shall be borne by the insured, within the limits of the insurance claim, the insurer undertakes liability for compensation of more than 10 percentage of the economy, such as the insured refused to compensate unsuccessful, and has been paid to the other and does not recover, the insurer is also liable for damages in the insurance compensation limit. 10 percentage borne by the insurer and the liability of more than 10 percentage deductible amount plus the sum, not exceeding the maximum compensation limit. ?
(2) this additional insurance compensation limit should be chosen in grade within the compensation limit insured by the insurance third party liability insurance is determined, not exceeding $ 50,000.
(3) the size of each insurance accident regardless of loss compensation are implemented 20 percent absolute franchise.
(4) “approach to road traffic accidents” (1991 State Council Decree No. 89 issued) the relevant provisions of Chapter VII Article 44:
automotive and non-automotive, a pedestrian traffic accident, death or serious injury caused by the other car the innocent party, the other party shall be shared 10 percent of economic losses. However, calculated in accordance with the percentage of 10, the amount of compensation to more than 10 traffic accidents occurred average monthly cost of living, cost of living pay an average of 10 months.
non-car, pedestrians party deliberately caused harm themselves orTo enter the highway, except for damage caused.
Fourth, the fall-board cargo liability insurance
the insured person or allow the use of qualified drivers insured vehicle during cargo falling from the car directly cause a third party to suffer personal injury or property damage, economic compensation liabilities should be borne by the insured, the insured person stated in the insurance policy of this insurance compensation within the limits of responsible for compensation. Divided solid goods vehicle, three kinds of liquid and gas. This additional insurance liability insurance assumed, this means the insured insured during normal use of the car, the loading on the insured vehicle solid cargo (container containing the liquid and solid goods deemed gas treatment), falling from the insurance of the vehicle , injured (dead) person or property of others smashed, the financial liability shall be borne by the insured, the insurer calculation of compensation within the limits of liability set forth in the insurance policy.
(1) are casualties, property damage, the insured persons and their family members.
(2) during loading and unloading cargo losses caused by falling.
(3) car insured losses caused by falling cargo vehicles and the goods themselves.
(4) a third party personal injury or property damage to the car contained gas, liquid leakage caused. ?
(c) compensation limit?
the maximum for each accident by the insured when the insured is determined in consultation with the insurer.
(iv) compensation deal?
This insurance compensation are implemented every 20 percent absolute franchise, regardless of the size of insurance accident damage.
Fifth, the insurance literacy
Insurance literacy understand that the “third party” claims do not worry
motor vehicle third party liability insurance is also commonly known three insurance, types of insurance will be one of many owners classified as commercial insurance, the popularity can be purchased but that does not mean the claims of success. In some cases, auto insurance claims, many owners because of the “third party” to define the scope vague understanding of existence, not only hinder the smooth progress of the insurance compensation, and sometimes even damage the interests of the owners of their own. Therefore, an accurate understanding of what property and ascertainPersonnel belonging to the “third party” is particularly important.
Focus 1: Passengers get off considered as a “third party”?
in November 2009, Shanghai car owners driving with two friends Liu Chen, Zhao to the field work. After reaching the destination, when Mr. Chen Liu has not yet fully get off, put the vehicle to start, so that is to get off Liu fall outside the car, causing serious injury; without closing the door in turn has another friend to get off Zhao brought down, causing his broken arm. After
accident, Mr. Chen rushed the injured to hospital, and to this end has paid nearly $ 60,000 for medical expenses. Traffic police survey the scene found that Mr. Chen take full responsibility for the accident, bear all medical expenses and other related costs.
Since Ma insured car damage insurance and third party liability insurance for their two vehicles, so Ma made an application to the insurance company claims. But the insurance company after study suggests that, due to the injured persons on board and the owners of the same, as the insurance accident claims should belong to the range of vehicle liability insurance, not part of the scope of claims of third party liability insurance. But Ma did not insured vehicle liability insurance, the insurance company will not be reimbursed.
For the insurance companies say, Mr. Chen can not accept, then the insurance company to court. After accepting the court finds that the claim Zhao injured belong to the scope of liability insurance, the insurance company should claims; and Ryu injury liability insurance is not within the scope of claims, its loss should the owners themselves.
In this case, there were two victims, but only one to get insurance claims. The reasons for this is the identification of the two victims
“third party” status. For Zhao, although its ride in a vehicle driven by Mr. Chen before the accident, but this does not affect their status as “third party”. When Mr. Chen in his car, the car belongs to people
members; get off, it should be “third party”, and not part of the “car of this person.” Therefore, the court should be given to the insurance company paid under the terms of third party liability insurance. However, the injured Liu in “traveling vehicle or
the vehicle is not completely stopped off abnormal person”, and therefore belong to the category outside liability insurance claims.
Tip: motor vehicle liability insurance in principle the vehicle was regarded as a “second person”, which the insured, their hired driver, which allows the driver, as well as people in the carMember of the property, while the vehicle is moving or parked vehicle is not abnormal to get off workers, cranes are hoisting the property so included. In addition to the people and things is the scope of the “third party” claim.
Focus 2: whether the emergency injury claims?
Mr. Zhang when a vehicle turns the intersection from the left lane to overtake the pressure over the yellow line, just at this time, one of the oncoming car. It was about
collision, car driver Lee to evade pursuit Mr. Zhang driving the vehicle, resulting in vehicle rollover itself, the body severely damaged, co-pilot of the passengers were injured. The traffic police department after scene investigation found that Mr. Zhang in the post
take full responsibility on the accident. Following consultations, Mr. Chang Lee more than 40,000 yuan a one-time payment. After
deal with the accident,
Mr. Zhang to report to the grounds of loss of third party liability insurance. But the insurance company after an accident investigation found that the parties to the accident vehicle no collision occurs, the loss of a third party does not belong to the emergency and direct losses will exceed
refused to limit damages, the two sides then disputes. After the court hearing, finds that the accident “the emergency” was established and does not exceed the limits of necessity, so the insurance company should consider compensation in accordance with the relevant provisions of liability insurance.
for third-party liability claims for losses due to problems caused by the emergency, you should first understand the definition of “emergency evacuation” of. According to Article 21, “Criminal Law”, “the emergency” means for the country, the interests of citizens, or my personal property and other rights of others Unexpected dangerous sexual behavior is occurring last resort.
In this case, Lee is forced to implement the emergency acts taken by the insured due to Mr. Zhang occupy a certain road at a sharp curve of the road, around the corner
danger of collision will occur burst sex. Although the two vehicles did not directly collide, but if Lee does not take the emergency vehicle is very likely to cause serious damage and casualties in the accident, Lee’s behavior
belong to the emergency. According to Article 129, “Civil Law”: “If the emergency caused damages shall bear civil liability caused by the occurrence of dangerous people.” Therefore, the car Lee If the emergency caused by the loss of injured people should pour
Mr. Zhang caused by the responsibility of danger. In the accident, Lee should be considered as a “third party.” In the case of Mr. Zhang, the traffic police department to assume full responsibility for the accident,Insurance companies must be compensated.
Tip: if the law is not to be divided vehicle collision insurance, the insurance contract nor the emergency caused by the injury
victims as the scope of exemption. In addition, the owner is not as long as the emergency, to take full responsibility for the accident by a vehicle accident. Generating the emergency should have three conditions: 1, the objective danger must exist; 2 as a hedge not
has taken unexpected behavior; 3, the emergency can not be more than necessary. Note that encounter danger, the best way is to follow in driving traffic laws, brake suspended, must not give way to accelerate, leading to an accident further loss.
Tips: third party liability insurance 4:00 Points for Attention
According to the insurance companies existing auto insurance provisions, the insurance third party liability insurance is meant to allow the owner or qualified driver in the course of accidents, resulting in “by others outside of all persons and their property insurance and insurance of vehicles and property, otherness” direct damage suffered personal injury or property, financial liability should be borne by the owners according to law by the insurance company financial compensation given to a third party pursuant to “approach to road traffic accidents” and insurance contracts. Range
“third party”: third party liability insurance refers to a person other than the insurer and all persons on their property and vehicle insurance and financial
production, something else. The so-called “all persons”, referring to the car’s driver, conductor, stevedores, passengers, passengers, etc. These people do not belong to a third party, but get off in addition to the driver, can be regarded as a third party. The insured members of their families and their private
of a vehicle, do not belong to a third party. As for property insurance on the vehicle, refer to the insured and the driver all hosted or property, these assets are not covered by third party liability.
insured vehicle Requirements: the kind of vehicle insurance third party liability insurance is not limited, that is to say all kinds of motor vehicles or vehicle can be insured for professional use, but except car driving without a license. The use of the insured vehicle includes a vehicle driving and parking procedures.
collision accountability: the insured vehicle and uninsured vehicles collided, causing the driver on the uninsured vehicle, passenger casualties or
damaged goods loaded on board, should be a third party liability. If the two sides belong to the collision insurance, then the losses on both sides are by third party liability insurance processing. Insurance Vehicles crash when a third party or other property,General
should be made through an insurance company survey, photographs, identification of the economic value of the loss will not be processed.
compensation limit: third party liability motor vehicle insurance is generally not prescribed compensation limit. Usually in the third party liability accident, the insurance company or compensation in accordance with the provisions of the dangerous condition of public security, transportation department’s decision, approved by the insurance company to determine the amount of compensation. Edit this paragraph Precautions
must first understand clearly what is third party liability insurance, and that the two victims “third party” status will be determined to figure out why a court judgment only get insurance claims. For this Tianmou, when
in her car, Ms. Ma, when a car belonging to staff; get off, it should be part of a “third party liability insurance” in the “third party” Therefore, the court should be given to the insurance company pay in accordance with the terms of third party liability insurance
pay. However, the injured Sohn are “persons traveling in the vehicle or the vehicle is not parked off of non-normal”, which does not fall within the “third party liability insurance” scope of claims, so the insurance company is not to be paid.
In some cases involving claims disputes and “third party liability insurance”, by many owners because “what is third party liability insurance” vague understanding of existence, this is not only impede the process of the insurance company for compensation smoothly, but also harm the interests of the owners of their own. Therefore, an accurate understanding of “what is third party liability insurance” defined and clear “third party” is particularly important. Edit this paragraph but with the difference to pay high insurance to pay high insurance and commercial liability insurance there are essential differences in terms of the principle of reparation, compensation range.
1, commercial liability insurance is taken fault liability, that is, the insurance company to determine its liability based on the insured accident liability assumed in a traffic accident. And to pay high insurance implementation of the principle of “liability without fault”, that regardless of whether the insured person responsible for the accident, the insurance companies have to be compensated 60,000 yuan within limits of liability.
2, for effective control of risk considerations, commercial liability insurance provides more exclusions matters and franchise (the amount). And to pay high insurance liability insurance covers almost all road traffic risks, and not based franchise and deductibles, coverage is far greater than their commercial liability insurance.
3, it is a liability insurance business profit, a commercial insurance business. The pay high insurance is not for profit, companies engaged in the business to pay high insuranceAnd the implementation of other commercial insurance business separate management, separate accounts, regardless of profit and loss, not involved in the distribution of benefits of the company, the company actually played the role of a charge d’affaires.