交强险第三者范围认定
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典型案例 | 交强险及商业三者险中“第三者”范围的认定
Xin Lang Cai Jing· 2026-01-07 09:19
Core Viewpoint - The court ruled that the definition of "third party" under the Compulsory Traffic Accident Liability Insurance Regulations (hereinafter referred to as "Compulsory Insurance Regulations") does not solely depend on the physical location of individuals at the time of the accident, and that the understanding of "third party" in commercial liability insurance should align with that of compulsory insurance, excluding "passengers" and "drivers" unless specified otherwise in the insurance contract [1][6][7]. Group 1: Case Background - The plaintiff, Shanghai Ye Company, purchased compulsory insurance and commercial third-party insurance from a property insurance company, with coverage from August 31, 2022, to August 30, 2023 [2][22]. - An incident occurred on March 16, 2023, where an individual named Qian, employed by an external company, fell from the top of a container truck operated by Ye Company, resulting in injuries [2][22]. - The court previously ruled that Ye Company was liable for 45% of Qian's damages, amounting to 589,369.90 yuan, which Ye Company paid in full [2][22]. Group 2: Court Rulings - The first-instance court determined that Qian could not be classified as a "passenger" of the vehicle, thus ruling that the insurance company must compensate Ye Company for the insurance claim of 589,369.90 yuan [4][24]. - The Shanghai Financial Court emphasized that the definition of "third party" under compulsory insurance should not be limited to the physical location of individuals at the time of the accident, as this does not align with common social understanding [6][26]. - The court maintained that Qian, not being the driver or a passenger, qualifies as a "third party" under the compulsory insurance framework, obligating the insurance company to fulfill its compensation responsibilities [6][26]. Group 3: Interpretation of Insurance Terms - The interpretation of "third party" in commercial insurance should be consistent with that in compulsory insurance, meaning that non-"passenger" individuals should be considered "third parties" unless the insurance contract specifies otherwise [7][26]. - The court clarified that the term "persons on the vehicle" should be understood in the context of safety, indicating that individuals in areas designed for seating are considered "on the vehicle," while those in other positions, such as on the roof, are classified as "third parties" [7][27]. - The ruling highlighted the importance of considering the relationship between the injured party and the vehicle, as well as the nature of their presence on the vehicle, to determine their classification as "third party" or "passenger" [12][32].