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Not does shake handshandle Buddhist templeput on the brakes control him insuranc
From;    Author:Stand originally
When taxi driver ramp jockeys not shake handshandle Buddhist templeput on the brakes walks out of a car outside, when car glides, press oneself dead, should be insurance company compensated for? The case of insurance contract dispute with peculiar to this court of in relief district of river of Lu state city makes first instance adjudge, center of city of Lu of insurance company of property of combination of China of adjudicative the accused raises a company to compensate for the dead's relative to rescue them loss of danger of the seat on cost, cadaver check cost, car adds up to more than yuan 40 thousand. Not the elder brother accident of shake handshandle Buddhist templeput on the brakes dies.

Affiliation of industrial and commercial car of city of state of Lu of the department before Wang Jinsheng serves limited company (later abbreviation " affiliated company " ) driver. Last year on May 11 12 when 05 minutes, king drive taxi, go to Long Matan nature of Ou Xianglin way establishs the declivous path place outside international school gate to lean right jockey, but apply the brake of shake handshandle Buddhist templeput on the brakes forgot when he leaves a car. When Wang Jin walks along head of this car vehicle to be in, see this car falls automatically toward slope slip, confused hands or feet, be in car head office to be about to prevent all right hastily, but inadvertent trip, be pressed at death is being caused below the car.

Detachment of pointsman of public security bureau of city of classics Lu state 3 groups " traffic accident holds a book " maintain: Wang Jin drives car did not press operation standard, jockey to did not pull hand brake on ramp, assume the full responsibility of the accident. The company sues a requirement to be sure to compensate for

On March 9, 2005, vehicle of cause trouble car advocate unit Lu city affiliated company, to China center of city of Lu of associated property insurance company raises a company to be cast for this car protected danger of the responsibility on danger of responsibility of car loss danger, a third party, car to wait; There is in the contract " by duty avoid compensate " clausal provision, the driver bears full responsibility, avoid compensate 20% . After the accident, affiliated company to lodge a complaint, center of city of Lu of insurance company of property of combination of China of requirement the accused raises a company to compensate for dead compensation, funeral expenses to wait add up to more than yuan 250 thousand. Court decision: By the contract the agreement is compensated for

In front courtyard careful, accuser changes litigant plea, requirement the accused presses a place difficult of access of the responsibility on the car (the seat on the car) give compensate pays, assume rescue them cost, cadaver check cost. To this, court of Jiang Yang district thinks via cognizance, the dead should belong to personnel be gettinged on by the car of insurance car, the litigant view that reason accuser changes is legal, give support. In addition, the assurance that both sides signs agrees in the contract, the franchise that the driver bears full responsibility is 20% , and maximum indemnity norm is danger of the seat on the car that agrees in the contract 50000 yuan / . Accordingly, the court made afore-mentioned court decisions.
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