Legal analysis: A's drunken car, which deliberately blocked the license plate, collided with an overloaded transport truck driven by B, resulting in the death of A himself and C in A's car.
Later, the traffic police department issued a traffic accident liability determination letter, confirming that A was primarily responsible for the accident, B was minor responsible for the accident, and C was not responsible for anything.
After checking, the car belongs to D, and the car has dozens of violation records that have not been dealt with.
Later, C's parents sued and demanded compensation from D and B for various losses caused by the traffic accident.
The court found that D was the owner of the car, and A was the actual user of the car; the car that caused the accident had dozens of violation records in a short period of time, and D, as the owner of the vehicle, failed to fulfill its management obligations for all its vehicles.
There is fault, and because A died, D should bear 40% of the compensation liability for traffic accident damages that A should bear.
Victim C knew that A was driving drunk but was still willing to take the ride. He was at fault and could reduce the tortfeasor's liability as appropriate.
It was then decided that defendant D should compensate C's parents 168,725 yuan, and the insurance company and B should bear corresponding liability for compensation respectively.
The lawyer said that the car involved in the accident was owned by defendant D, who had been driven by A for a long time after purchasing it. The car had dozens of violation records in a short period of time. At this time, D should be alert and disciplined and educated, but D did not do everything he could to everyone.
due management obligations.
The victim C in this case clearly knew that the A-series was driving under the influence but still rode it. He had certain faults on his own and could reduce the tortfeasor’s liability according to the law.
Legal basis: Article 21 of the "Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance" If a road traffic accident occurs to an insured motor vehicle and causes personal injury or property damage to victims other than the vehicle occupants and the insured, the insurance company shall in accordance with the law
Compensation will be provided within the liability limit of the compulsory motor vehicle traffic accident liability insurance.
Losses in road traffic accidents are intentionally caused by the victim, and the insurance company will not compensate.
Article 22 In the event of any of the following circumstances, the insurance company shall advance the rescue expenses within the liability limit of the compulsory motor vehicle traffic accident liability insurance and shall have the right to recover compensation from the person causing the injury: (1) The driver has not obtained the driving qualification or is drunk
(2) The insured motor vehicle causes an accident while being stolen or robbed; (3) The insured intentionally causes a road traffic accident.
If a road traffic accident occurs under one of the circumstances listed in the preceding paragraph, resulting in property losses to the victim, the insurance company shall not be liable for compensation.
Article 24 The state establishes a road traffic accident social assistance fund (hereinafter referred to as the assistance fund).
Under any of the following circumstances, the funeral expenses and part or all of the rescue expenses for the victims of road traffic accidents shall be advanced by the rescue fund, and the rescue fund management agency shall have the right to recover compensation from the person responsible for the road traffic accident: (1) The rescue expenses exceed
The liability limit of the compulsory motor vehicle traffic accident liability insurance is: (2) the motor vehicle causing the accident does not participate in the compulsory motor vehicle traffic accident liability insurance; (3) the motor vehicle escapes after the accident.