Two, insurance compensation, but not full compensation, insurance companies have the highest compensation limit and compensation ratio.
Running a red light causes casualties to others, although it violates traffic regulations, but it cannot exempt the insurance company from the liability for compensation. The insurance company should bear the compensation within the liability limit of compulsory insurance, and will not bear the excess; At the same time, the proportion of insurance companies that violate traffic rules will not exceed half. The rest is borne by the driver himself.
Third, give a real case:
The man Wang of Zoucheng, Jining, Shandong, forcibly ran a red light and injured others when passing through the intersection. Wang should bear part of the liability for compensation. Wang Jin's insurance company said that because Wang violated traffic rules, the insurance company was not liable for compensation.
The Zoucheng court held that although Wang's behavior violated traffic regulations, it could not exempt the insurance company from the liability for compensation, and the insurance company should bear the compensation within the liability limit of compulsory insurance. The insurance company refused to accept the appeal. Jining Intermediate People's Court rejected the appeal and upheld the original judgment.
The court found that Wang disobeyed the traffic police management when he illegally parked on Longshan Road in Zoucheng at about 10, 10, 13 and 17. In the process of evading management, he forced a red light when he went to Dahua intersection in Zoucheng City, and collided with Hu, who turned around and walked south, causing Hu to be injured and causing traffic accidents.
20 10 10 2 1, Zoucheng traffic police made a road traffic accident confirmation, and found that Wang violated traffic regulations and should be fully responsible for the accident. This traffic accident caused Juan an economic loss of about 45,000 yuan. Wang and Hu have repeatedly asked the insurance company to settle claims. The insurance company believes that Wang disobeyed the traffic police management and deliberately ran a red light, causing the vehicles to collide. The accident should have been foreseen, knowing the consequences, but still taking evasive management behavior, deliberately creating traffic accidents. Insurance companies should not be liable for compensation. Hu had no choice but to sue Wang He and the insurance company.
The court held that Wang deliberately ran a red light and should bear full responsibility for the accident. Although Wang's behavior violates traffic regulations, it cannot exempt the insurance company from the liability for compensation within the limit of compulsory insurance, so the insurance company should bear the liability for compensation within the limit of compulsory insurance liability. Accordingly, the Zoucheng People's Court made a judgment, and Wang compensated 2 1000 yuan and the insurance company compensated 26,000 yuan. The insurance company refused to accept the appeal. On May 6, 20 1 1, Jining Intermediate People's Court rejected the appeal and upheld the original judgment.
Claim settlement is the concrete embodiment of insurance companies' execution of insurance contracts, fulfillment of insurance obligations and assumption of insurance liabilities.
On the one hand, only by doing a good job of claim settlement can the insured get proper compensation for his losses, give full play to the insurance function, ensure the smooth progress of social reproduction and the normal stability of people's lives, and improve the reputation of insurance companies;
On the other hand, insurance claims can test the quality of underwriting business, expose the weak links of disaster prevention and loss prevention, and facilitate the company to further grasp the laws of disasters and accidents, sum up and learn lessons, and further improve and perfect the company's management.
References:
Baidu encyclopedia-settlement of claims