If an employee is involved in a traffic accident after driving, and the vehicle is not insured with

Mondo Social Updated on 2024-03-06

The employee was involved in a traffic accident while driving the company's vehicle to perform work tasks, and the victim's economic loss was as high as more than 80 yuan, but the vehicle was not insured, who will be liable for compensation? Recently, the People's Court of Huarong County, Hunan Province concluded a motor vehicle traffic accident liability case and ruled that the defendant advertising company should compensate Luo Mou A and Luo Mou B for economic losses of 703961$6. On November 21, 2022, while the defendant Li was driving (the vehicle was owned by the defendant advertising company) while performing his official duties, he encountered a pedestrian Wang crossing the road, and because he could not avoid it, the vehicle collided with Wang, causing Wang to die after being injured and being rescued. The traffic police determined that Li bore the primary responsibility for the accident and Wang bore the secondary responsibility for the accident. Wang's legal heirs, Luo X A and Luo X B, incurred economic losses totaling 834952 yuan. Because the vehicle involved in the accident did not purchase compulsory traffic insurance and commercial insurance, Luo Mou A and Luo Mou B failed to claim compensation, so they sued the court. After the trial, the court held that based on the "Road Traffic Accident Determination" and the cause of the accident, it was more appropriate for the defendant Li to bear 80% of the responsibility in this case. The relationship between the defendant Li and the defendant advertising company was one of employment, and at the time of the accident, Li was in the course of performing official duties. If the staff of the employer causes damage to others due to the performance of work tasks, the employer shall bear the tort liability, so the liability borne by the defendant Li should be borne by the defendant advertising company. The defendant advertising company, as the insurance obligor, failed to take out compulsory traffic insurance for the vehicle involved in the case in accordance with the law, in accordance with the lawWhere a motor vehicle that has not been insured with compulsory traffic insurance in accordance with law causes damage caused by a traffic accident, and the party requests that the insurance obligor compensate within the liability limit of the compulsory traffic insurance, the people's court shall support it. Therefore, the economic losses of Luo X A and Luo X B were 834952 yuan, and the defendant advertising company first directly compensated 180,000 yuan within the limit of compulsory traffic insurance in accordance with the law; For the part exceeding the compensation limit of the compulsory traffic insurance, the defendant advertising company shall bear 80% of the liability [(total loss of 834952 yuan - 80% of the compulsory traffic insurance of 180,000 yuan)], that is, 5239616 yuan, a total of 703961 compensation for the economic losses of Luo A and Luo B$6. The defendant advertising company appealed, and the original judgment was upheld in the second instance, and the judgment has now taken effect.

What the judge said

Compulsory traffic insurance is a compulsory liability insurance that the insurance company compensates the victim (excluding the vehicle personnel and the insured) for personal and property losses caused by road traffic accidents caused by the insured motor vehicle within the liability limit. The purpose of the establishment of China's compulsory traffic insurance system is to provide basic protection for road traffic accident victims, timely and reasonable compensation for the losses suffered, on this basis, with the help of the social management effect of compulsory traffic insurance, better perform the best duties, promote road safety, and then safeguard the safety and rights and interests of the public. Therefore, the insurance obligor shall promptly insure the vehicle with compulsory traffic insurance, otherwise after the damage caused by a traffic accident, the victim may request the insurance obligor to compensate within the liability limit of the compulsory traffic insurance. **China Court Network.

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