In July 2018, Xiao Du's motorcycle collided with a minibus driven by Xiao Wang, causing Xiao Du to be injured and both vehicles to be damaged to varying degrees in a traffic accident.

Purchasing compulsory traffic insurance is a mandatory obligation stipulated by law, with the purpose of better safeguarding the legitimate rights and interests of victims of road traffic accidents. If a traffic accident occurs when the compulsory traffic insurance expires and the insurance is not renewed, who should bear the responsibility? Recently, the Agang Central Court accepted such a case.

Plaintiff Xiao Du and defendant Xiao Wang are villagers in Agang District. In July 2018, Xiao Du's motorcycle collided with a minibus driven by Xiao Wang, causing Xiao Du to be injured and both vehicles to be damaged to varying degrees in a traffic accident. After the accident, the traffic police department determined that Xiao Wang was primarily responsible and Xiao Du was minor responsible. Because the two parties could not reach an agreement on compensation, Xiao Wang went to court.

It turned out that due to a moment of negligence, Xiao Wang failed to pay the insurance premium to the insurance company in time, resulting in the expiration of the compulsory insurance policy. For this reason, the insurance company refused to compensate the plaintiff for its losses, believing that the time of the traffic accident was no longer within the insurance period, and the defendant Xiao Wang should bear the liability for compensation.

According to relevant legal provisions, motor vehicles must purchase compulsory traffic insurance. After a traffic accident occurs, the insurance company will give priority to compensation within the liability scope of the compulsory traffic insurance, and the shortfall will be shared in proportion to the liability. In this case, Xiao Wang, as the owner of the vehicle that caused the accident, has an unshirkable obligation to insure compulsory traffic insurance. If he violated the regulations and failed to renew the insurance in time, he should bear the liability for compensation within the scope of compulsory traffic insurance according to law.

The court finally ruled that Xiao Wang should first compensate within the scope of the compulsory traffic accident liability insurance, and the losses exceeding the compulsory traffic insurance would be shared in proportion to the degree of fault of the original and defendants in the accident. Xiao Wang should bear 70% of the compensation liability, and Xiao Du should bear 30% of the compensation liability. %Responsibility.

Link Law Article

Article 76 of the "Road Traffic Safety Law of the People's Republic of China" stipulates: "If a motor vehicle is involved in a traffic accident and causes personal casualties or property losses, the insurance company shall provide compulsory third party liability insurance for the motor vehicle shall compensate within the limit of liability; for the shortfall, the liability shall be borne in accordance with the following provisions: (1) If a traffic accident occurs between motor vehicles, the party at fault shall bear the liability for compensation; if both parties are at fault, the party at fault shall bear the liability according to the proportion of their respective faults. Proportional sharing of responsibilities..."

Article 19 of the Supreme People's Court's Interpretation of Several Issues Applicable Law in the Trial of Road Traffic Accident Damage Compensation Cases stipulates: "A motor vehicle that is not insured with compulsory traffic insurance in accordance with the law causes damage in a traffic accident, and the party concerned requests If the insured person pays compensation within the liability limit of compulsory traffic insurance , the people's court should support it. "

reminds

that car owners should take this as a warning and pay attention to the effective time and expiration time of the car insurance when purchasing a vehicle, and renew the insurance on time. , to avoid unnecessary losses.

Source: Luoping Court