Without further ado, let's look at the case first
Xiao Liu (11 years old) was studying at a school and was injured one day while training in martial arts, and his left hand was fractured, constituting a Grade 9 disability.
The economic loss caused by the accident is about 240,000 yuan.
After the trial, the court found that the school was liable for 90% of the compensation, and Xiao Liu was responsible for 10%.
However, the school has purchased liability insurance in advance and accident insurance for all students.
So when it comes to how to pay, you can't just analyze it from a legal point of view, you have to join the insurance!
How much of a role can insurance play? How much does the school end up paying? Read on!
1) Accident insurance payout:
The accident insurance that the school insures for students is:
Supplementary medical insurance for accidental injuries; Supplementary medical insurance for hospitalization expenses; Disability Accident Insurance; Specified illness insurance.
Among them, the disability accident insurance has an insured amount of 40,000 yuan, and the corresponding payment ratio of the tenth level of disability is 10%, with a difference of 10% for each level.
Xiao Liu has a grade 9 disability, and the accident insurance pays a disability compensation of 8,000 yuan.
Xiao Liu's medical expenses are 3350,000 yuan. According to the terms of the insurance, the accident insurance will pay Xiao Liu's medical expenses130,000 yuan.
2) Liability insurance payout:
Liability insurance covers the following insurance coverage:
Cumulative compensation limit: 10 million yuan; Compensation limit per accident: 4.5 million yuan;
Compensation limit per student: 300,000 yuan.
After accounting, Xiao Liu's medical expenses, disability compensation, nursing expenses and other economic losses amounted to 2430,000 yuan, deducting the medical expenses of accident insurance claims, and the remaining 230,000 yuan. The school shall bear 90% of the responsibility, 2070,000 yuan.
It is important to note that liability insurance covers the following:The school's liability to the victim in accordance with the law。It has to compensate on behalf of the school!
There is an agreement on the products involved in the case, and the litigation fees, appraisal fees, and mental injury solatium shall not be borne on behalf of the school. Therefore, this part will be compensated by the school, totaling 110,000 yuan.
The remaining 1960,000 yuan will be compensated by liability insurance on behalf of the school!
The insurance compensated Xiao Liu for a total of 2280,000 yuan, the school only compensates 110,000 yuan.
Insurance plays a huge role in providing inspiration not only for schools, but also for educational institutions such as training courses.
Additional Knowledge:
Some friends will notice that the disability compensation paid by accident insurance is not deducted when the liability insurance is paid, but the medical expenses are deducted.
Why is that?
Accident insurance is personal insurance, and the school cannot be exempted from statutory liability due to accident insurance. In addition to receiving disability compensation from accident insurance, Xiao Liu can also recover from the school.
However, the basic principle of claim settlement, the principle of loss compensation, stipulates that the insured is not allowed to obtain additional benefits due to losses. Property insurance and other compensatory contracts (e.g. medical expenses insurance) are also applicable, so medical expenses can be deducted.