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A car accident and the car driver's license does not match the ego liabi Stainless steel limit switc  

2014-08-04 14:50:09|  分类: 默认分类 |  标签: |举报 |字号 订阅

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Abstract: Chen bought a medium-sized passenger engaged in commercial operations, the Chinese People's Insurance Company of Jixi branch (hereinafter referred to as the People's Insurance Company of Jixi branch) insured to pay high insurance. October 4, 2010, Chen driving medium-sized passenger cars, killed a pedestrian. Chen held the traffic police department as C1 license to drive medium-sized passenger cars, and permission to drive does not match, should bear the main responsibility for the accident. C1 driving license but only after driving a mid-sized passenger cars on the road, a traffic accident, to pay for their illegal activities.

insurance company claims first

Chen bought a medium-sized passenger engaged in commercial operations, the Chinese People's Insurance Company of Jixi branch (hereinafter referred to as the People's Insurance Company of Jixi branch) insured to pay high insurance. October 4, 2010, Chen driving medium-sized passenger cars, killed a pedestrian. Chen held the traffic police department as C1 license to drive medium-sized passenger cars, and permission to drive does not match, should bear the main responsibility for the accident. Relatives of the deceased filed a lawsuit this purpose. Jixi County People's Court civil judgment, based on strong insurance of the public nature of the grounds PICC Jixi branch due to Chen, driving without a license and exclusions can Stainless steel limit switch not be established, ruling People's Insurance Company of Jixi branch company paid the deceased in the strong insurance range from 10 million million, but the company confirmed PICC branch company in Jixi assume responsibility for payment may be recourse to the responsible person.

are not obtained a driving license

People's Insurance Company of Jixi branch after the entry into force in accordance with the judgment of the claims paid money to Chen Department of driving without a license, the insurance company liable on the grounds, the court proceedings Cell Jammer to Jixi, request arbitration Chen advances make compensation of 10 million yuan.

Court of First Instance that: the People's Insurance Company of Jixi branch and Chen signed a contract of insurance to pay high insurance, should follow the agreed insurance laws and regulations of the insurance contract, the enjoyment of the rights, obligations. Chen holds C1 license to drive medium-sized passenger cars, C1 permit quasi-driving but does not include the type of bus, Chen violation of the relevant provisions of China's "Road Traffic Safety Law". National Insurance Regulatory Commission November 29, 2007 on "without obtaining a driving license," reply the East County People's Court in Jilin province identified: the actual driving is incompatible with the quasi-driving "without obtaining a driving license." Chen's actions are consistent with "compulsory traffic accident liability insurance policy" on page 9 of the convention: the driver is not eligible to obtain a driver's insurance company is not liable for damages. Court of First Instance in accordance with the "Road Traffic Safety Law" Article 19, Article 76, Article 21 of the State Council "compulsory traffic accident liability insurance regulations," Chen ruling People's Insurance Company paid Jixi branch of insurance claims advanced by 100,000 Yu Yuan, and the burden of litigation fees. Own liability

Chen refused to accept the verdict, appeal to the Court of Xuancheng, said: The trial confirmed that I was improper driving without a license, that error of law, the People's Insurance Company of Jixi branch to me no legal recourse basis. Request cassation second instance, according to the claims dismissed commuted PICC Jixi branch companies.

Xuancheng Court held that: According to China's "Road Traffic Safety Law" Article 19 "driving a motor vehicle, shall obtain a driving license ...... A driver shall specify the prospective driver's license law "requirement, combined with CIRC November 29, 2007 in reply to the court's East County in Jilin Province in the clear" type driver motor vehicle "without obtaining a driving license," the actual driving is incompatible with the quasi-driving " Opinions, Chen holds permission to drive a C1 driving midsize passenger car driver's license, the license held inconsistent with the driving of the vehicle, the violation of the relevant provisions of the "Road Traffic AS-i Products Safety Law", which belongs not get disqualified. The trial court confirmed Chen Department of driving without a license is not inappropriate. Article IX, "the driver did not get disqualified, the insurance company is not liable for damages," according to the parties' compulsory traffic accident liability insurance policy, "the agreement, the People's Insurance Company of Jixi branch of Chen driving without a license causing death by accident losses should not be liable for compensation, Chen should pay for their offenses. After the People's Insurance Company of Jixi branch in motor vehicle accidents within the scope of liability compulsory insurance liability limit victim compensation payments actually took 10 million yuan, the provisions of Article 22, "the basis of any motor vehicle traffic accident liability compulsory insurance regulations", the right to Chen recourse to virulence. The trial court ruled in favor of the People's Insurance Company claims Jixi branch's compliance with the relevant laws and regulations, Chen grounds of appeal can not be established. Xuancheng Intermediate People's Court of Final Appeal ruling, dismissed the appeal and upheld the original verdict.
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