Case Study Of Traffic Accident Between Ms. Mou, Mr. Chen, Mr. Zhang And Tianan Insurance Company

In the case of a motor vehicle traffic accident liability dispute between Ms.Mou,Mr.Chen and Mr.Zhang,TianAn Insurance Company,the Insurance company refused to compensate the insured person,Mr.Zhang for drunk driving,thus the victim appealed to the court.The court of first instance ruled that TianAn Insurance Company shall be liable for compensation for the payment of the mandatory Traffic compulsory insurance,but shall not be liable for the compensation Vehicle commercial insurance.The second-instance judgment held that TianAn Insurance Company was liable for compensation for both the Traffic compulsory insurance,and the Vehicle commercial insurance.On the basis of revoking the second-instance judgment and maintaining the original judgment,the retrial confirmed that the TianAn Insurance Company could recover from Mr.Zhang after the liability was compensated.The controversy of the case has three focuses: First,whether the insurer should bear the liability for compensation within the scope of the mandatory traffic liability insurance;second,whether the insurer can be exempted from the loss of drunk driving within the scope of Vehicle commercial insurance;third,whether the insurer has the right to recover after compensation.The mandatory traffic liability insurance is legal,compulsory,public beneficial and extensive.The primary purpose of establishing the mandatory traffic liability insurance system is to protect the victim.In combination with the legal effect of the law,it can be clarified that the compensation for the traffic insurance should be applied to the PRC Road Traffic Law on State Security of China instead of The Regulations on Compulsory Traffic Accident Compulsory Insurance for Motor Vehicles,so insurance companies still need to compensate for traffic accidents caused by drunk driving.There is a difference between commercial third party liability insurance and the mandatory traffic liability insurance.The key to whether an insurance company compensates in Vehicle commercial insurance is whether the insurance company fulfills its obligation to explain when entering into an insurance contract.Since drunk driving is a prohibited situation as stipulated by law,the insured will not be disembogued by the unequal status of the insurance company.Therefore,the standard of recognition of the obligation of interpretation should be unified as a general obligation.The right of recovery is a statutory right of the insurance company after payment.After the insurer meets the requirements,theinsurer can recover the compensation from the drunk driver.Therefore,the liability of the insurance company to compensate do not mean that the driver of the drunk driving can escape the financial compensation which the diver should bear.