[Legal Basis] Article 19 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases": If a motor vehicle that has not been insured with compulsory traffic insurance in ac

[Legal Basis] " The Supreme People's Court's Interpretation on Several Issues Concerning the Applicable Law in the Trial of Road Traffic Accident Damage Compensation Cases" Article 19: If a motor vehicle that has not been insured with compulsory traffic insurance in accordance with the law causes damage in a traffic accident, the party concerned requests the insured person to If compensation is provided within the liability limit of compulsory traffic insurance, the People's Court shall support it.

[Basic facts of the case] The plaintiff Li drove a two-wheeled electric motorcycle and collided with the two-wheeled electric motorcycle driven by the defendant Jie, resulting in a traffic accident in which the plaintiff was injured and both vehicles were damaged. The plaintiff Li’s injury treatment cost 26,715.15 yuan. The traffic police brigade made a road traffic accident determination, finding that the plaintiff Li's driving parts were not suitable for electric motorcycles, affected other vehicles when entering and exiting the road, and failed to ensure safe driving, which was the main cause of the accident. The plaintiff Li Ximei was responsible for the accident. The main responsibility of the defendant Jie is that the driving parts of the electric motorcycle are not suitable for driving on the road and the driving safety is not ensured. This is the secondary cause of the accident. The defendant Jie bears the secondary responsibility for the accident. The defendant revealed that he was driving an Emma brand two-wheel electric vehicle without compulsory motor vehicle traffic accident liability insurance.

[Court Judgment] According to the traffic accident determination document involved in the case, it can be seen that the electric vehicle driven by Jie was an electric motorcycle, that is, the exceeded the standard electric vehicle . Although the existing policy does not force owners of over-standard electric vehicles to purchase compulsory traffic insurance, due to the higher speed, heavier weight and greater safety hazards of over-standard electric vehicles, the safety hazards and damage of over-standard electric vehicles on the road are higher than those of national standard electric vehicles Even greater, in order to better protect the rights and interests of victims, owners of over-standard electric vehicles should purchase compulsory traffic insurance, and relevant administrative departments provide channels for purchasing relevant insurance types for over-standard electric vehicles. Owners of over-standard electric vehicles can reduce their own losses or protect themselves. In terms of the rights of third parties, everyone should actively purchase compulsory traffic insurance, otherwise the victim’s request to receive compensation first within the compulsory traffic insurance should be supported. The defendant in this case revealed that a certain vehicle involved in the case was not covered by compulsory motor vehicle traffic accident liability insurance. The plaintiff, Li, supported the claim that the defendant should first compensate within the liability limit of the compulsory traffic accident insurance.