case
Plaintiff Liu and defendant Peng had conflicts over emotional issues. In January 2019, Liu and the defendant Peng drove to chase each other, from Pingyi County to Chengqian Town, Zoucheng City. The two cars were parked side by side on the north and south road of the nursing home in Chengqian Town. After getting off the car, Peng asked Liu to get off the car and make his words clear. Because Liu didn't get off the car, Peng was angry and used the key to deflate Liu's tires. When Peng was about to drive away, Liu grabbed the door handle of the Audi driver's seat with his right hand and refused to let him go. Peng started the vehicle and took Liu down. After hearing Liu's shouting, Peng stopped the car and called 120 emergency number and sent Liu to the hospital for treatment. During Liu's hospitalization, Peng's full-time care was paid by him and the medical expenses were advanced. On February 18, 2019, Liu Moumou reported the case to the Chengqian Police Station of Zoucheng Public Security Bureau. After the Criminal Science and Technology Office of Zoucheng Public Security Bureau, Liu Moumou's injury was slightly injured and second-degree. Later, after investigation by Zoucheng Public Security Bureau, it was found that Peng Moumou had no subjective intention to commit a crime and had no criminal facts; so on August 6, 2019, it decided to revoke the case of Liu Moumou's injury in accordance with the law.
Liu Moumou sued Peng Moumou to the first instance court. Before the trial, Peng Moumou applied for the additional Life Insurance Pingyi Company as the defendant in this case; after seeking Liu Moumou's opinion, Liu Moumou agreed to add him as the defendant in this case. The first instance court added Pingyi Company of Life Insurance as the defendant in this case in accordance with the law. The technical office of the first instance court commissioned Jining Zhengcheng Forensic Judicial Appraisal Institute for appraisal, and the institute issued an appraisal opinion: "The person being appraised, Liu Moumou, constituted a level 10 disability due to trauma, and the second medical expenses are about RMB 10,000."
Referee
Zoucheng People's Court held after trial that the accident in which Peng Moumou drove an accident caused Liu Moumou to be an accident case. The first instance judgment was made by the defendant China Life Property Insurance Co., Ltd., Linyi Pingyi Branch, to compensate the plaintiff Liu Moumou for medical expenses, food subsidies, nutrition expenses, transportation expenses, disability compensation, appraisal expenses and other losses within the liability limits of compulsory traffic insurance and commercial insurance, totaling 131,015.44 yuan. Among them, 97,047 yuan was paid to the plaintiff Liu and 33,968.44 yuan was paid to the defendant Peng.
The defendant China Life Property Insurance Co., Ltd. Linyi Pingyi Branch appealed to the Jining Intermediate People's Court. The appeal claimed that this case was due to a dispute between Liu and Peng. Because of Peng's intentional infringement on Liu, the occurrence of this case was obviously a case of intentional injury in a criminal case, and it was not an accident or negligence at all. The appellant should not pay for disputes and intentional faults between the original and defendants in the first instance. The appellant should refuse to pay, and indirect losses such as litigation fees and appraisal fees do not fall within the scope of compensation for the insurance company.
Jining Intermediate People's Court held that the case was investigated by the public security organs and did not determine that Peng Moumou had the subjective intention of committing a crime. Life Insurance Pingyi Company believes that it is a typical criminal case of intentional injury and has no factual legal basis and is not recognized. The first instance court corrected the error in determining the scope of compulsory motor vehicle insurance compensation. The Linyi Pingyi Branch of China Life Insurance Co., Ltd. was ordered to compensate Liu Moumou for medical expenses, food allowances, nutrition expenses, transportation expenses, disability compensation, appraisal expenses, etc. within the liability limits of compulsory traffic insurance and commercial insurance, totaling 124,288.9 yuan. Among them, 90,185.46 yuan was paid to Liu Moumou and 34,103.44 yuan was paid to the defendant Peng Moumou.
Dispute
Focus of the dispute in this case:
First, is whether the accident caused by Liu Moumou injured by Peng Moumou in this case is a traffic accident case;
Second, how to determine the civil compensation liability for this traffic accident;
Third, is the determination of the scope of compensation for compulsory traffic insurance.
First of all, is the accident in which Liu Moumou was injured in driving by Peng Moumou as a traffic accident case? After Liu Moumou was injured in driving due to Peng Moumou's car, Liu Moumou reported the case to the Chengqian Police Station of Zoucheng Public Security Bureau on February 18, 2019. After the Zoucheng Public Security Bureau conducted an investigation, it was found that Peng Moumou had no subjective intention to commit a crime and had no criminal facts. So on August 6, 2019, he decided to revoke the case of Liu Moumou's injury in accordance with the law because there was no criminal facts.Therefore, the defendant Life Insurance Pingyi Company claims that Liu Moumou's accident in this case was a typical criminal case of intentional injury due to Peng Moumou's driving, and the court refused to accept it. The incident happened in Zoucheng City, Chengqian Town, Zoucheng City, on the auxiliary road south of Chengqian Town, on the south side of Cheng'an Road; the cause of the incident was not that Peng Moumou deliberately hit Liu Moumou, who was driving, but that when the defendant Peng Moumou started the car, he was injured because Liu Moumou accidentally grabbed the car door and accidentally brought the plaintiff down. Therefore, according to Article 119 of the Road Traffic Safety Law of the People's Republic of China, "The meaning of the following terms in this Law: (1) "Road" refers to highways, urban roads, and places where social motor vehicles are allowed to pass through although within the jurisdiction of the unit, including squares, public parking lots and other places for public access. ... (5) "Traffic accidents" refer to incidents of personal casualties or property losses caused by fault or accidents on the road." Therefore, the accident in this case of Peng Moumou driving caused Liu Moumou to be injured by accident should be a traffic accident case.
Secondly, How should civil liability for traffic accidents in this case be determined? According to Article 42 of the "Road Traffic Safety Law of the People's Republic of China", "Motor vehicles shall not exceed the maximum speed indicated by the speed limit sign. On sections without speed limit signs, safe speed shall be maintained. When driving at night or on sections that are prone to danger, and when there are weather conditions such as sand, hail, rain, snow, fog, and icing, the driving speed shall be reduced." Therefore, Peng suddenly accelerated while driving at night and failed to maintain a safe speed was one of the reasons for Liu's injury. Article 63 of the Law stipulates: "Pedesters shall not cross or sit on road isolation facilities, shall not strip carts, forcibly stop cars, or engage in other acts that hinder road traffic safety." Therefore, when Peng was driving the vehicle to accelerate, Liu's behavior of slashing the car and grabbing the car door and forcibly blocking the car was also one of the causes of his injury. In this case, the small car driven by Peng Moumou is equally at fault for the occurrence of the accident in terms of its starting speed and its danger to others. According to the degree of fault between the two parties of , the plaintiff Liu and the defendant Peng bear equal responsibility for the occurrence of the accident. According to Article 66 (3) of the Measures for the Implementation of the Road Traffic Safety Law of the People's Republic of China, "If non-motor vehicle drivers and pedestrians are responsible for the same responsibility for the accident, the motor vehicle driver shall bear 60 to 70% of the compensation liability." Therefore, based on the actual situation of this case, the defendant Peng Moumou's civil liability for 30% can be reduced.
Again, is the recognition of the scope of compensation for compulsory motor vehicle insurance. According to Article 76 of the Road Traffic Safety Law of the People's Republic of China: If a traffic accident occurs in a motor vehicle, personal injury or property loss will be compensated by the insurance company within the limit of the compulsory insurance liability for a third-party liability of the motor vehicle, and the insufficient part will be compensated in accordance with the provisions of the commercial insurance contract. Article 23, Paragraph 1 of the "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents" stipulates that compulsory insurance for motor vehicle traffic accidents shall implement a unified liability limit nationwide. The liability limit is divided into the limit of compensation for death and disability, the limit of compensation for medical expenses, the limit of compensation for property losses, and the limit of compensation for insured persons who are not liable in road traffic accidents. The traffic accident occurred in January 2019. According to the "Announcement of the China Insurance Regulatory Commission on Adjusting the Liability Limit of Compulsory Motor Vehicles" issued by the China Insurance Regulatory Commission in 2008, the compensation limit for insured motor vehicles in road traffic accidents is: the limit of compensation for death and disability compensation of RMB 110,000; the limit of compensation for medical expenses is RMB 10,000; and the limit of compensation for property losses is RMB 2,000. In this case, the plaintiff's losses totaled 135,736.44 yuan, of which the medical expenses were 38,158.44 yuan, and the subsequent medical expenses were 10,000 yuan. The first instance court did not determine that the insurance company bears the plaintiff's losses of 120,000 yuan within the scope of compulsory motor vehicle insurance, and the remaining 15,736.44 yuan of the defendant's insurance company bears 70% of the mistakes, and the second instance court corrects it.In this case, the defendant Life Insurance Pingyi Company first compensates the plaintiff's losses of 97,578 yuan within the limit of the insured motor vehicle compulsory traffic insurance, of which the medical expenses limit is 10,000 yuan; the plaintiff's losses of 135,736.44-97,578)×70%=26,710.9 yuan, of which the medical expenses of 38,158.44 yuan×70%=26,710.9 yuan.
Author: Qu Qingdong Wang Rui
Author unit: Jining Intermediate People's Court
Source: Shandong High Court
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