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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]
租车发生交通事故,保险公司 能否因“车辆性质改变”拒赔?
Jin Rong Shi Bao· 2025-10-22 06:15
Core Viewpoint - The case highlights the complexities of insurance liability in the context of car rentals, emphasizing the need for insurance companies to conduct thorough due diligence and adapt to the evolving landscape of shared economy services [1][2][4]. Group 1: Case Details - On January 6, 2024, an accident occurred involving a rented vehicle, resulting in injuries and damages, with the driver found primarily at fault [1]. - The injured party incurred medical expenses totaling 47,311.40 yuan and was assessed with a 9th-degree disability, leading to a total claim of over 250,000 yuan [1][3]. - The insurance company argued that the vehicle's use had changed from non-commercial to commercial, thus denying liability under the commercial insurance policy [1]. Group 2: Court Ruling - The court rejected the insurance company's defense, stating that the insurer should have been aware of the vehicle's potential rental use when underwriting the policy [2]. - The court ruled that the insurance company could not deny coverage based on the change in vehicle usage, as it had not clearly defined the operational nature of the vehicle at the time of underwriting [2]. - The final judgment mandated the insurance company to compensate the injured party a total of 254,024.78 yuan, with the driver responsible for an additional 4,240.72 yuan [3][4]. Group 3: Industry Implications - The case serves as a warning for insurance companies to enhance their due diligence processes, especially when dealing with bulk insurance applications from rental companies [4]. - There is a growing need for innovative insurance products tailored to the car rental industry, moving beyond traditional definitions of commercial and non-commercial use [4]. - The case underscores the importance of compliance and transparency from rental companies regarding insurance coverage and the necessity for renters to verify insurance details before renting a vehicle [4].