How death compensation under the car when the driver of a traffic accident?

Case Description

August 5, 2011, Du Xiaoming to drive the Henan the PJ8055 No. Dongfeng EQ4163W tractor, its towing Henan of P8G83 registered Yukang YKH9380, container transport semi-trailer, 44 kilometers to the Shanghai Pudong New Area G1501 beltway outside of +300 meters line failure and parked in the emergency lane, then walked Zhao preceded parked far B55776 No. tractor driving the Shanghai and Shanghai D7558 registered car tail off. At 3:35 on August 5, weekly charge and bright due to fatigue, driving tractor and Shanghai Shanghai B34087 number the B6477 registered car, first hit the parked car tail in Du Xiaoming, Du Xiaoming car hit the tail of the Zhao far the car, causing by Du Xiaoming died on the spot, traffic police identified Zhou negative charge bright full responsibility for this accident, Du Xiaoming, Zhao far no responsibility.

It is understood, April 28, 2011, Du Xiaoming and China Life Property and Casualty Insurance Company of Zhoukou city center branch (hereinafter referred to as "of Zhoukou fiscal Paul") entered into a compulsory traffic accident liability insurance contract. The insurance policy stated in the subject matter insured Henan the the the PJ8055 number Dongfeng EQ4163W tractor and Henan P8G83 registered Yukang YKH9380 container transport semi-trailer, the insurance period from 0:00 am on April 29, 2011, to 2012, April 28, 2011 24:00 .

After the accident, the families of Du Xiaoming proceedings to the Shanghai Pudong New Area People's Court, Zhoukou compensation for financial security to pay high insurance no responsibility for the death of disability compensation limit of 11,000 yuan.

Case

No objection to this accident, the of Zhoukou financial security of admissible evidence and factual findings, but Du Xiaoming does not belong to the victim of the traffic accident compulsory traffic accident liability insurance, should not to pay high insurance death benefit payments gold.

"Compulsory traffic accident liability insurance regulations" Article III: "The term compulsory traffic accident liability insurance by the insurance company, the insured motor vehicle road traffic accidents this car personnel, the insured outside the victim's personal injuries, property damage, within the limits of liability for compensation mandatory liability insurance; provisions of Article 21: "the insured vehicle road traffic accidents caused by the car officers, other than the insurer victims of personal injury, property damage, compensation by insurance companies in accordance with the law in the compulsory traffic accident liability insurance liability limit within. Article 42 (b) provides that: "the insured, refers to the insured and legally allowed driver.

Compulsory traffic accident liability insurance clause "of Article V provides that:" the victim to pay high insurance contract is the result of the occurrence of the insured motor vehicle accidents suffered personal injury or property damage, but does not include an insured motor vehicle the car the car personnel, the insured. "

Zhoukou financial security, Du Xiaoming accident in the car, according to the traffic compulsory insurance regulations and provisions, Du Xiaoming belonging to the insured to pay high insurance, and did not constitute strong narrow victim, and therefore should not benefit cross strong risk insurance premiums. Pudong New Area People's Court adopted the views of the Zhoukou financial security defense, dismissing the Du Xiaoming Fang requirements Zhoukou financial security for compensation to pay high insurance no claim of responsibility for death the disability compensation limit of 11,000 yuan.

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