How to compensate for multiple traffic accidents where only one party is insured with compulsory traffic insurance? Court: The insured party's insurance company shall first compensate and then exercise the right of recourse. Recently, the People's Court of Xinglong County, Hebei Province, heard a dispute over infringement liability caused by a traffic accident involving multiple motor vehicles, resulting in damage to a third party. The court ruled that the losses of the infringed party C shall be fully compensated by a certain insurance company of the vehicle driven by the insured party A within the liability limit of the compulsory traffic insurance, and then the insurance company may exercise the right of recourse against party B. The excess part beyond the compulsory traffic insurance limit shall be compensated by the insurance company within the commercial third-party insurance limit and party B according to the liability ratio. At around 6:40 am on September 3, 2025, resident A of Xinglong County, while driving a motor vehicle on the road, overturned and collided with pedestrian C in order to avoid the motor vehicle driven by B in the same direction, causing injury to C. After investigation, the public security traffic management department has determined that Party A bears the main responsibility for the accident, Party B bears the secondary responsibility, and Party C has no responsibility. Furthermore, it was found that the motor vehicle driven by Company A was insured with compulsory traffic insurance and commercial third-party insurance by a certain insurance company, and the accident occurred during the insurance period; The motor vehicle driven by Company B has not been legally insured for compulsory traffic insurance. Afterwards, Party C sued Party A, Party B, and a certain insurance company that insured Party A's vehicle to the court, demanding that the three parties compensate a total of 70433.56 yuan for various losses such as medical expenses and nutrition expenses. After the court trial, it was found that if a motor vehicle accident causes damage, the relevant responsible person should bear the liability for compensation in accordance with the law. When multiple motor vehicles are involved in a traffic accident causing damage to a third party and some vehicles are not insured with compulsory traffic insurance, in order to protect the rights and interests of the victims and obtain timely relief, priority should be given to the insurance company that has already insured the compulsory traffic insurance to compensate within the liability limit. The final judgment of the court: C's various losses shall be fully compensated by a certain insurance company that guarantees A's vehicle within the liability limit of compulsory traffic insurance; For the part exceeding the limit of compulsory traffic insurance, the insurance company shall compensate 8400 yuan at a 70% liability ratio within the commercial third-party insurance limit, and Party B shall compensate 3600 yuan at a 30% liability ratio. At the same time, the court ruled that a certain insurance company that underwrites the vehicle of Party A has the right to exercise the right of recourse against Party B for the excess part that Party B should bear within the compulsory insurance limit, after fully compensating within the compulsory insurance limit. After the judgment was made, the judge interpreted the law and explained the reasons, and all parties had no objections. The judgment has now been fulfilled. The judge stated that the significance of the judgment in this case is to clarify the compensation rules for some vehicles in multi vehicle accidents that are not insured, which plays an important role in guiding motor vehicle owners and managers to purchase insurance in accordance with the law. According to Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Compensation Cases, if multiple motor vehicles are involved in a traffic accident causing damage to a third party, and some of the motor vehicles are not insured with compulsory traffic insurance, and the parties request that the insurance company that has already insured compulsory traffic insurance compensate within the liability limit, the people's court shall support it. The insurance company may exercise the right of recourse against the insured obligor or infringer who has not purchased compulsory insurance for the excess part it should bear. As a mandatory legal insurance, the core function of compulsory traffic insurance is to diversify risks and ensure that victims receive timely compensation. Article 2 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents clearly requires that the owners or managers of motor vehicles driving on roads within the territory of China shall purchase compulsory traffic insurance. We hereby remind all motor vehicle owners and managers to enhance their legal awareness, timely purchase compulsory traffic insurance for their vehicles, and avoid bearing economic risks due to lack of insurance. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:The People's Court Daily
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