Feixiang Rural Credit Cooperative Association(fei xiang xian nong cun xin yong he zuo lian she )

Jing Wenping v. Zhang Yunming and other motor vehicle traffic accident liability dispute case

Jing Wenping v. Zhang Yunming and other motor vehicle traffic accident liability dispute case was tried in Guangping County People's Court of Hebei Province on August 25, 2012.

Cause of action

Vehicle traffic accident liability disputes.

case

Guangping County People's Court of Hebei Province < br > civil judgment < br > (2012) gmcz No. 1514 < br > plaintiff Jing Wenping.
Defendant Zhang Yunming.
The defendant is the Huaibei branch of the people's Insurance Company of China. (hereinafter referred to as PICC Huaibei company) address: Huaibei City.
Person in charge Ma Xinli, manager of the company.
Entrusted agent: Ma Peng, lawyer of Anhui zhongxinghe law firm.
The plaintiff Jing Wenping and the defendant Zhang Yunming, PICC Huaibei company motor vehicle traffic accident liability dispute case, the court accepted on June 11, 2012, according to the application of summary procedure, single trial, open trial. The plaintiff appeared in court and participated in the lawsuit. The defendant baohuaibei company, its entrusted agent and the defendant Zhang Yunming were summoned by this court according to law, but they did not appear in court and were absent from the trial. The case has now been concluded.
The plaintiff claimed that on November 2, 2009, Jing Yanjun drove Ji D ××××× in Tongyue Lianyun, Beiwu village, pinggudian town. The registered owner was Shenpeng company, and the actual owner was Zhang Yunming's Wan f ××××× / WAN f ××××× trailer, which caused the passenger Jing Yongzhen and other injuries, and the vehicle was damaged to varying degrees. Guanggonggong Renzi (2009) No. 200900045 road traffic accident identification certificate identifies the responsibility of the traffic accident. The loss of the plaintiff's vehicles was 12000 yuan after identification, which was invalid after mediation by the traffic police department for many times after the accident. Anhui f ×××× / Anhui f ×××× trailer is insured with compulsory traffic insurance by the defendant's insurance company. The defendant's Insurance Company shall bear the insurance liability within the scope of compulsory traffic insurance. In order to protect my legitimate rights and interests, I hereby file a lawsuit with the court and request the court to order: the defendant shall compensate 12000 yuan for the vehicle damage, the defendant's Insurance Company shall bear the insurance liability within the scope of compulsory traffic insurance, and the litigation costs shall be borne by the defendant.
The defendant Zhang Yunming argued in writing: first, the registered owner of the driver's license of the accident vehicle Ji D ××××× was Feixiang County Credit Cooperative Association, so the plaintiff's litigation subject was illegal, and the lawsuit should be rejected according to law; second, Jing Yanjun and Feixiang County Credit Cooperative should bear the compensation liability for the case; third, the case should be driven by the plaintiff first and belong to Ji D ×× of Feixiang County Credit Cooperative The insurance company of ×××× vehicle shall be liable for compensation within the scope of compulsory traffic insurance, and then PICC Huaibei company shall be liable for compensation within the limit of compulsory traffic insurance.
The defendant baohuaibei company argued in writing that firstly, because of the vehicle damage required by the plaintiff, the plaintiff should have the qualification of litigation subject and provide relevant proof to prove that his vehicle is owned by him; secondly, if the vehicle involved in the accident is insured by our company against compulsory traffic insurance, our company can make compensation within the liability limit of compulsory traffic insurance, and make compensation under the condition that there is no statutory exemption Compensation. 3、 Beyond the compulsory traffic insurance belongs to commercial insurance, which is the contractual relationship between the insurer and the insured, and should not be dealt with together with this case; 4. The plaintiff's vehicle loss should be supported by the conclusion of the appraisal report made by the organization with appraisal and evaluation qualification and the personnel with appraisal and evaluation qualification, and the selection of the appraisal and evaluation organization should be continued by all parties in the court The parties shall negotiate and choose. 5、 The insurance company will not bear the litigation costs.
The plaintiff submitted the following evidence to the court: < br > 1. Guanggong bus recognition (2009) No. 200900045 of Guangping County Public Security Traffic Police Brigade. To prove the occurrence process and responsibility of the traffic accident.
2. The copy of the plaintiff's ID card and the transfer agreement between Feixiang rural credit cooperative association and Jing Wenping on Ji D ×××× vehicle. In order to prove that the plaintiff is the actual owner of the vehicle, he is qualified as the plaintiff in this case.
3. Appraisal certificate of vehicle and material damage in traffic accident (copy with special seal for accident handling of Guangping County Traffic Police Brigade). To prove that the loss price of the accident vehicle is 12000 yuan.
4. A copy of the certificate issued by the accident section of Guangping County Public Security Traffic Police Brigade, which proves that the accident section of Guangping County Public Security Traffic Police Brigade has mediated the accident and has not reached an agreement on mediation.
(2012) gmcz No. 523, 524, 525 civil judgment of Guangping County People's Court of Hebei Province, to prove that the actual owner of wanf ×××× wanf ××××× registered heavy goods vehicle is Zhang Yunming, and the vehicle has taken out two compulsory motor vehicle traffic accident liability insurance with the insured amount of 244000 yuan in baohuaibei company, the defendant.
Neither defendant Zhang Yunming nor defendant baohuaibei company submitted evidence.
The trial found that on November 2, 2009, the registered owner of Jing Yanjun was Feixiang County Credit Cooperative Association, the actual owner was Ji D ××××× of the plaintiff Jing Wenping (the actual license plate number of the car was Ji D ××××). The registered owner of Jing Aijun driving with the defendant Yue Lianyun was Shenpeng industry and trade company The actual owner of the truck was a heavy truck registered by the defendant Zhang Yunming. The plaintiff's losses caused by this accident are: vehicle loss fee 12000 yuan. In addition, it was found out that Anhui f ×××× registered heavy goods vehicle had two compulsory motor vehicle traffic accident liability insurance with the insured amount of 244000 yuan in baohuaibei company, the defendant. The civil judgments No. 523, 524 and 525 of Guangping County People's court respectively ordered PICC Huaibei company to compensate jingaijun 16323.64 yuan, jingyongzhen 56701.97 yuan, Zhang Yunming's prepaid expenses 10000 yuan and jingyanjun 2492.37 yuan. The above losses did not exceed the limit of compulsory insurance for traffic accident liability of the motor vehicle.
This court holds that the life and property rights and interests of citizens are protected by law. Article 76 of the road traffic safety law of the people's Republic of China stipulates that if a traffic accident occurs to a motor vehicle and causes personal injury or property loss, the insurance company shall make compensation within the scope of the compulsory third party liability insurance of the motor vehicle. The defendant baohuaibei company's opinion that the compensation should be made within the itemized compensation limit in accordance with the provisions of compulsory liability insurance for motor vehicle traffic accidents is inconsistent with the purpose of motor vehicle compulsory traffic insurance stipulated in the road traffic safety law of the people's Republic of China. The defendant baohuaibei company argues that the opinion is not supported by this court. The claim that the infringed party requests the defendant baohuaibei company to compensate for its reasonable loss within the scope of compulsory motor vehicle insurance liability is in line with the law, and this court supports it. The defendant Zhang Yunming argued that jingyanjun and Feixiang County credit cooperatives should bear the responsibility, which is not supported by the law. In order to safeguard the legitimate rights and interests of citizens and promote social harmony, according to Article 48 of the tort liability law of the people's Republic of China and article 76 (1) of the road traffic safety law of the people's Republic of China, the judgment is as follows: < br > among the defendants Huaibei branch of people's Property Insurance Co., Ltd. shall, within 15 days from the effective date of this judgment, compensate the plaintiff jingwenping for the loss of vehicles, totaling 12000 yuan.
If the obligation to pay money is not fulfilled within the period specified in the judgment, the interest on the debt during the period of delay shall be doubled in accordance with Article 229 of the Civil Procedure Law of the people's Republic of China.
The case acceptance fee is 100 yuan, 50 yuan for Huaibei branch of PICC and 50 yuan for defendant Zhang Yunming.
If you are not satisfied with this judgment, you may, within 15 days from the date of service of the judgment, submit an appeal petition to this court, and file a copy according to the number of the other parties, and appeal to Handan intermediate people's Court of Hebei Province.
Judge Li Hailiang < br > August 25, 2012 < br > clerk Pang Shengping

Chinese PinYin : Fei Xiang Xian Nong Cun Xin Yong He Zuo Lian She