Judicial Interpretation Of Compulsory Motor Vehicle Traffic Accident Liability Insurance Ordinance

Undivided compensation

According to the compulsory insurance Ordinance, the limit of liability for compulsory insurance is subject to a sub quota under the unified liability limit. Under the condition of motor vehicle liability, the limit of compensation for death and disability is 110 thousand yuan; the limit of compensation for medical expenses is 10 thousand yuan; and the compensation limit for property damage is 2000 yuan.

However, according to the seventy-sixth rule of road traffic law, "motor vehicle traffic accidents cause personal injury and loss of property, and the insurance company shall pay compensation within the limits of the liability limit of the third party liability insurance for motor vehicles."

It is reported that many local courts, such as meeting minutes, require insurance companies to pay compensation within the total limit of 122 thousand yuan of compulsory insurance.

The main reasons are: compulsory insurance is compulsory insurance, not the scope of the insurance law adjustment, it should be adjusted only by the road traffic law and the compulsory insurance Ordinance; the understanding of the seventy-sixth way of road crossing law is that no matter whether there is a responsibility or a responsibility, it should be paid; the road traffic law does not subdivide the amount of compensation, and the compulsory insurance Ordinance is contrary to the law of intersection.

Among these judgements, the court has another important reason: the medical expenses limit of the sub claims is 10 thousand yuan too low, and the rights and interests of the victims can not be effectively guaranteed.

However, after the limited amount of compensation was opened, the insurance company's compensation increased directly.

Some courts do not distinguish responsibility from blame, and the total limit of 12 thousand and 100 yuan without liability is increased to 122 thousand yuan with responsibility, as long as compensation is made within the limit.