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Chapter 534 Motor Vehicle Traffic Accident Liability Disputes (7)

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    Chen Rui went on to say: "The defendant's understanding is narrow and biased. The third party identified in the compulsory traffic insurance contract and the third party liability insurance contract did not say that it must be the third party in the whole process, that is to say, it did not deny that the third party in the car  The situation after the person was thrown out of the car. In addition, because the compulsory traffic insurance contract and the third party liability insurance contract are standard clauses, they should be interpreted against the contract maker, so the court should not support the defense of the defendant.¡±

    Chen Rui thought about it for a while, and decided to see what Lin Ziyao said, and he said goodbye.

    Chen Rui said: "The speech is over."

    Wang Meng said: "The defendant is invited to express his arguments."

    Lin Ziyao said: "Dear presiding judge, the focus of the dispute in this case is whether the plaintiff, Ms. Liu Mei, who was thrown out of the vehicle and was injured, is a "person of the vehicle" or a "third party" in relation to the vehicle she was riding in?

    Compulsory motor vehicle traffic accident liability insurance (hereinafter referred to as compulsory traffic accident insurance) is compulsory traffic accident insurance implemented by national laws. In addition to the risk management function of general insurance, it also has the function of social security.  for relief.  Due to the mandatory nature of compulsory traffic insurance, its scope to victims or third parties should be limited by laws and regulations.  Article 3 of the "Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance" stipulates: "The term "compulsory motor vehicle traffic accident liability insurance" in these regulations refers to the insurance company's insurance against the insured motor vehicle that causes traffic accidents that cause accidents other than the vehicle's personnel and the insured.  Compulsory liability insurance that compensates the victim for personal injury or property damage within the liability limit.¡± According to the above regulations, the ¡°owner¡± of the motor vehicle that caused the accident does not belong to a third party, and the above provisions exclude the vehicle personnel from the  Outside the scope of the third party, the following aspects are mainly considered: First, based on the trust relationship between the passenger and the driver and the passenger¡¯s ability to assist and control the vehicle, the passenger¡¯s  Have a certain ability to foresee and prevent possible accidents; second, limited by the compensation limit and the actual bearing capacity of the policyholder, the limited compensation limit of compulsory traffic insurance must be concentrated in the scope of the "third party" that most needs protection;  It is the traffic safety guarantee for passengers, which has been guaranteed to a certain extent through other systems, such as commercial insurance, which includes seat insurance for passengers on board.

    ?Based on the clear provisions of the above-mentioned laws and regulations, proceeding from the reality of this case: the plaintiff Liu Mei had been riding in the vehicle involved in the case before the traffic accident, and she and the driver had always maintained a co-riding relationship, and this relationship did not change until the moment of the traffic accident.  The plaintiff, Liu Mei, was still in the car at the moment of the traffic accident. After the accident, she was thrown out of the car by an external force, and her status as a "person in the car" cannot be changed.  Therefore, it does not meet the compensation scope of the compulsory traffic insurance and commercial third-party liability insurance of the vehicle he is riding in.

    Compared with the vehicle he is traveling in, his status as a "member" does not belong to the scope of the "third party" in the compulsory traffic insurance system, so it does not meet the compensation scope of the compulsory traffic insurance and commercial third-party liability insurance of the vehicle he is riding in.

    Lin Ziyao paused and continued: "I assume another situation, that is, the victim is thrown out of the car and is hit or run over by the car again, then the passengers who belonged to the "person of the car" will be thrown away.  Before getting out of the car and being collided or run over by the car again, he has already left the car he was riding in and turned into a "third party", so the damage he suffered should fall within the compensation scope of the compulsory traffic insurance of the car." (Remember  Website URL: www.hlnovel.com
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