What Is No-Fault Insurance?

It means that during the use of a motor vehicle, due to a traffic accident with a non-motor vehicle or a pedestrian, the other person's injuries and property were directly damaged, and the insured vehicle had no fault, and the insured refused to pay the compensation but failed to pay the insured. The liability to the other party that cannot be recovered is borne by the insurance company

No-fault liability insurance

Right!

It means that during the use of a motor vehicle, due to a traffic accident with a non-motor vehicle or a pedestrian, the other person's injuries and property were directly damaged, and the insured vehicle had no fault, and the insured refused to pay the compensation without success. The liability to the other party that cannot be recovered is borne by the insurance company

Chinese name

No-fault liability insurance

Types of

Additional risk

Claim

To insure this insurance, you must first insure the three.

Limit of liability

Determined by negotiation within 50,000 yuan

No-fault liability insurance

(1) No-fault liability insurance clause of the People's Insurance Company of China

No-fault liability insurance is an additional insurance for third-party liability insurance, and it must be insured on the basis of third-party liability insurance.

(1) A traffic accident between an insured vehicle and a non-motorized vehicle or a pedestrian caused the other person's personal injury or property to be directly damaged. The insured vehicle had no fault, and the insured refused to pay compensation. The insurer calculates the compensation within the limit of liability in accordance with the Measures for Handling Road Traffic Accidents and the local road traffic accident handling regulations. 20% deductible for each compensation.

(2) The liability limit shall be determined through consultation between the policyholder and the insurer within 50,000 yuan.

(2) No-fault liability clause of China Pacific Property Insurance Co., Ltd.

(1) Insurance liability. During the use of the insured vehicle, the insured or a qualified driver of the insured vehicle suffered a traffic accident with a non-motorized vehicle or a pedestrian, resulting in injury or death to the other party. According to the Measures, in addition to the 10% financial compensation that should be borne by the insured, medical expenses, rescue costs, and funeral expenses that have been paid by the insured before the liability for the accident are determined, When the public security traffic management department or the people's court decides that the insured shall bear the burden, the insurer shall be responsible for compensation within the compensation limit of this insurance contract in accordance with the standards stipulated in the Measures for Handling Road Traffic Accidents of the People's Republic of China.

(2) Compensation limit. The insured and the insurer are determined in accordance with the provisions of third party liability insurance when applying for insurance.

(3) Compensation.

This insurance applies an absolute deductible rate of 20% for each compensation.

The sum of the liability of the insurer and the deductible shall not exceed the compensation limit of this insurance.

(3) No-fault liability insurance clause of Ping An Property & Casualty Insurance Co., Ltd. of China

(1) Insurance liability. During the use of the insured vehicle, due to a traffic accident with a third party (limited to non-motorized vehicles, pedestrians), resulting in personal injury or death of the third party, the public security traffic management department shall determine in accordance with the law that the third party shall bear the responsibility and For the reasonable rescue medical expenses and funeral expenses advanced by the insured, due to the third party's determination of insolvency, the insurer who has failed to repay within one month after the ruling is responsible for compensation.

(2) Compensation limit. The maximum compensation amount of this insurance is limited to the third party liability insurance compensation limit.

(3) Exclusion of liability. If the insured waives the right of claiming compensation from a third party or the fault prevents the insurer from exercising the right of subrogation, the insurer shall not be liable for compensation or reduce insurance compensation accordingly.

(4) Treatment of compensation. After the insurer confirms that the claim form and certificate are complete and valid, the insured will sign a transfer of equity to settle the case, but the insured has the obligation to assist the insurer to recover from the third party.

[Case] Zheng, a driver of a freight company in Jingmen City, Hubei Province, driving a company's Dongfeng brand car to the door of a company's warehouse, because the left rear wheel of the vehicle rolled into a broken brick on the road, the broken brick flew out, and the pedestrian on the road Zhang's right knee bone was broken. After investigation and treatment by the local traffic police detachment, it was determined that both parties were not responsible, and only for economic mediation. The car side compensated the injured for medical expenses and nursing expenses of 1,500 yuan. As the car has been insured for body and third-party liability insurance, after the case was handled, the freight company filed a claim with the insurance company with the relevant documents and materials.

After the insurance company accepted the case, there were several different opinions on how to handle this motor vehicle third party liability insurance compensation case:

(1) The reason for refusing compensation is that although Zheng, the driver of the freight company, was injured by driving a broken brick while driving and rolling the road, according to Article 44 of the Measures for Handling Road Traffic Accidents of the People's Republic of China, , Causing death or serious injury to the other party, if the motor vehicle has no fault, it should also share 10% of the other party s losses. The driver Zheng has no fault liability in this case, and did not cause serious injuries to the pedestrian Zhang, the accident is not an insurance liability. Within this range, the insurance company will not pay for the losses caused by the car side.

(2) Half of the compensation is due to the accident. Although the driver Zheng has no fault liability, the accident was caused by Zheng's driving. There is a causal relationship. Considering Zhang's injury and the particularity of the accident, insurance The company can pay 50%.

(3) The reason for full compensation is that in this accident, although the driver Zheng was not responsible for the fault, the injury of the pedestrian Zhang was caused by him. Zheng was responsible for this, so the insurance company should The full amount of compensation is paid for the insurance.

1. Case analysis

This is a case of third party liability compensation that is "irresponsible".

(1) In this case, although the driver Zheng was not responsible for the fault, according to the General Principles of the Civil Law of the People's Republic of China: "Although the party did not make any fault, the civil liability for the other person's personal injury should be borne by law" , It can be concluded that Zheng should be liable for civil compensation.

(2) The third party liability insurance covers the civil compensation liability that the insured should bear according to law, and according to the provisions of the motor vehicle insurance at that time: "the insured or its permitted qualified driver occurred during the use of the insured vehicle. Accidents that cause a third party to suffer personal injury or direct damage to property, and the amount of compensation that shall be paid by the insured according to law shall be compensated by the insurance company in accordance with the provisions of the insurance contract. " Therefore, the insurance company should pay the insurance money in this case.

2. Case conclusion

As the insured is in the process of driving the vehicle, accidents that cause unintentional, objective, and unforeseen direct damage to a third party should be covered by insurance. Therefore, this "no liability" accidental accident, insurance The company should pay the full amount.