lily8702
Joined: 03 Feb 2011
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Location: England
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 Posted: Sat 20:50, 19 Mar 2011 Post subject: Passenger door cyclists killed sued the insurance |
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passenger Anke next car, failing to pay attention to open the car door to see the traffic, resulting in an electric car collided with their car door, the electric car driver died a death. Anke couples to families of the victims apply for compensation claims to insurance companies, but the insurance company to
Recently,[link widoczny dla zalogowanych], Songjiang District Court of first instance verdict on the case, the insurance company should pay the full amount of management compensation 620,000 yuan.
car door accidentally call the moving truck driver was killed
Anke take the car driven by her husband Mr. Wu out, after stopping at the roadside, she serves to open the door to get off. At this point, just a fast electric car coming and hit the door, electric cars lorry driver fell to the ground, He died and died.
traffic police department as Mr. Wu and Ms. Ho bear equal responsibility for the accident, the driver no responsibility for electric vehicles. Later, Wu couples mediation agreement is reached with the deceased, a common compensation death compensation, solatium and other mental damage of 66.5 million yuan. Wu wife then found the insurance company for claims, but insurance companies to Mr. Wu will be the insurance company for this court.
liability insurer refused to take compensation
insurance company said the trial, Ms. Ho is a car ride and not the insured person. Compulsory insurance, third party liability insurance liability insurance contract provisions, the insurer of the insured person or their designated legal to drive the process in the use of motor vehicle accidents occurred in liability and insurance people who take the lead by the accident is not liable for damages. The amount of compensation re-insurance company approved a total amount of the loss of more than 60 million in mandatory insurance of Peifu 12 million, the remaining money owed to Mr. Wu equal to that 50% of the responsibility, to 24.4 million yuan.
bear responsibility for the insurance co-owner of passengers should be compensated
court held that the subject matter of insurance liability insurance for the outside of the responsibility, and responsibility for the accident, Mr. Wu and Ms. Ho of foreign joint commitment Therefore, Wu's external insurance company shall bear joint and several liability of the limited commitment to the insurance liability. Although insurance companies have the right under the right of subrogation to exercise jointly and severally liable to the other right of recovery. Ms. Ho as a negative but the same third party liability, and Mr. Wu is a husband and wife, so the insurance company loss of Ms Ho's right of recovery. This Court made the ruling.
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