Analysis Of Compensation For Injuries Caused By Drunken Or Unlicensed Drivers

Drunkenness

According to the twenty-second provision of the compulsory insurance Ordinance, "under one of the following circumstances, the insurance company advances the cost of salvage in the scope of the liability limit for motor vehicle traffic accident liability insurance, and has the right to recover from the injured person: the driver has not obtained the driving qualification or drunken; the insured motor vehicle has been robbed and robbed, and the insured has deliberately created road traffic accidents.

If any of the circumstances listed in the preceding paragraph occurs in a road traffic accident, the property loss of the victim will be caused, and the insurance company shall not be liable for compensation.

Some courts believe that the above provisions are only for property losses under drunkenness and other circumstances, but personal losses should be paid.

Some courts believe that according to the tort liability law, "a theft, robbery or robbery of a motor vehicle causes a traffic accident to cause damage, and the burglary, robber or snatch person shall be liable for compensation."

An insurance company can only exclude a traffic accident that occurs during a robbery, without a license, drunken driving, and the insured intentionally fabricating an insurance accident.

Famous civil law expert, Renmin University of China

The people's insurance company said that another court decision required that the insurance company change the rescue responsibility of the twenty-second section of the compulsory insurance Ordinance to the liability for compensation, and expand the scope of the third party for the compulsory insurance accident.