After the traffic accident is private, can you still ask the insurance company to settle claims?The court ruled!

2022-05-03 0 By

After a traffic accident, some parties will choose to take the accident private.So, after both sides is illicit, can you still ask insurance company to manage compensate?In September 2019, a small car driven by Yu mou had a traffic accident with a small car driven by Zhao mou on a provincial road in Licheng District, Jinan city.Jinan city public Security Bureau traffic police detachment liecheng Brigade identified, in a no responsibility, Zhao took full responsibility for the accident.After the accident, in mou and Zhao mou signed the “accident handling agreement”, stating that “in mou received the accident handling compensation of 2000 yuan, both sides have no objection, in the future two clear without responsibility”.In a vehicle insured motor vehicle commercial insurance, after a report to the insurance company and apply for compensation, insurance company on the loss of a vehicle in the first to pay, in a transfer of claims to the insurance company.After the insurance company because of the underwriter subrogation right of recourse dispute zhao mou lawsuit to the court.The court heard that Yu mou reached mediation with Zhao mou after the occurrence of the insurance accident and before the insurance company compensates for the insurance premium. Yu Mou received 2,000 yuan of compensation from Zhao, and said that both sides “have no responsibility in the future”, so it should be determined that Yu Mou clearly waived the right to ask for other compensation to Zhao mou.In summary, the insurance company asked Zhao to pay compensation for compensation, there is no factual and legal basis, so the judgment rejected the insurance company’s lawsuit request.Zhang Benrong, a first-grade judge of the Case Filing Division of Licheng District Court (Litigation Service Center), Jinan:Article 60 of the Insurance Law of the People’s Republic of China stipulates that if the insured event is caused by the damage of the third party to the subject matter insured, the insurer shall exercise the right of the insured to claim indemnity against the third party by subrogation within the amount of indemnity as of the date of indemnity to the insured.Where, after the occurrence of the insured event mentioned in the preceding paragraph, the insured has received compensation for damages from the third party, the insurer may, when making indemnity, deduct correspondingly the amount of compensation the insured has received from the third party.Article 61 of the Insurance Law of the People’s Republic of China stipulates that, after the occurrence of an insured event, if the insured waives the right to claim indemnity against the third party before the insurer has paid indemnity, the insurer shall not bear the liability for indemnity.According to the above provisions, yu Mou and Zhao mou reached a reconciliation, give up the right to zhao Mou to request other compensation, the insurance company does not assume the responsibility of compensation insurance compensation.The insurance company did not know the claim to yu mou, the insurance company can claim the right to return the claim to Yu Mou.Partial insurant lacks relevant legal consciousness, produce traffic accident by mistake to reach a settlement and obtained the car damage compensation of the troublemaker, still can apply for to insurance company all manage compensate.The purpose of the insurer’s right of claim is to provide double protection for the insured, to ensure that the insured’s loss can be fully compensated, but the insured can not obtain excessive benefits due to insurance compensation.After the accident occurs, if the compensation agreement has been reached and exempt the perpetrator from other responsibilities, the loss of the right to ask the insurance company to settle claims.The claims made by the insurance company without knowing the reconciliation agreement belong to unjust enrichment and should be returned by the insured.(Source: Wechat official account of China Law Popularization)