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10/17/2008

The driver is run over and dies the family member by own vehicle to sue for damages to the Insurance company is refused

Is run over and dies the Insurance company by own vehicle to compensate the first trial court to reject the family member to sue for damages requested that the driver stops the urination, finally the automobile glide dies its pressure, because the family member the request payment was refused the Insurance company considers the court to sue for damages 250,000 (on July 6 the newspaper once report). Recently, the Zunyi Huichuan District Court made to the above-mentioned plan rejects the plaintiff lawsuit request the first trial decision. on February 16, pu the Yuan Dynasty drives own freight vehicle to arrive at Guiyang, when obeys a road black soil bank road section expensively stops the urination. This time, pu Yuan Dynasty's pickup truck has the glide, pu holds the stone pad wheel immediately, the result is died on the scene by the pressure. The traffic police department recognized that the accident risk is Pu Yuanchao. afterward, pu Yuan Dynasty's family member requests the cash payment, but the Insurance company by pu the Yuan Dynasty is an insured but the non-third person causes the death to refuse to pay damages. But the family member believed that pu the Yuan Dynasty is dies under the vehicle, should regard as the third party. Huichuan District court trying believed that “hands over the strong danger” has the traffic accident by the Insurance company to the insured vehicle to create outside this vehicle personnel, insured's victim's person casualties, the property damage, gives in the liability limit scope to compensate; The law of insurance stipulated that the liability insurance is insured the liability of compensation which should take legally to the third party for the insurance sign insurance. In this case, pu the Yuan Dynasty is not only a victim, is also the only owner, pu the Yuan Dynasty does not have the civil compensation responsibility to anybody, also does not have anybody to have the civil compensation responsibility to pu the Yuan Dynasty, pu the Yuan Dynasty takes the insured, therefore does not belong to the above both's insurance coverage. it is known that pu Yuan Dynasty's parents as well as the female regarding the first trial decision, indicate refuse to accept, to make the appeal.

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