交通事故责任
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最高法公开征求意见!“开门杀”保险赔偿不明确或成过去时
Bei Jing Shang Bao· 2025-11-09 14:33
Core Viewpoint - The Supreme People's Court of China is seeking public opinion on a draft interpretation regarding traffic accident liability, specifically addressing the issue of "door opening accidents" which have become a significant concern for urban road safety [3][4][5] Group 1: Legislative Developments - The draft interpretation aims to clarify the liability and insurance compensation rules for "door opening accidents," categorizing the actions of passengers as the responsibility of the motor vehicle [5][8] - The draft proposes that insurance companies cannot refuse compensation by claiming that the passenger is not a covered driver, thereby enhancing protection for victims [8][10] - The public consultation period for the draft interpretation is set to end on November 15 [4] Group 2: Impact on Insurance Practices - If implemented, the draft interpretation is expected to streamline the insurance claims process, allowing victims to claim directly from the motor vehicle's insurance without disputes over liability [10][11] - Insurance companies will need to reassess their commercial vehicle insurance policies to align with the new regulations, particularly regarding definitions of "insured persons" and "use of the insured vehicle" [11][12] - The draft interpretation also addresses other insurance responsibilities, indicating a broader effort to clarify legal ambiguities in traffic accident cases [11][12] Group 3: Social Implications - The prevalence of "door opening accidents" is highlighted, with data suggesting that 30% of such incidents may lead to secondary accidents, increasing overall road safety risks [7] - The proposed regulations are seen as a response to public concern over the safety and rights of individuals on the road, emphasizing the need for responsible behavior from both drivers and passengers [10][12] - The draft interpretation aims to foster a culture of safety awareness among all road users, potentially reshaping public attitudes towards responsibility in traffic situations [10][11]