The car wash staff injured another employee while moving the customer’s vehicle. The victim sued the co-worker, the owner of the car wash, the owner of the car wash, and the insurance company insured by the vehicle and appealed to the four defendants for compensation. A few days ago, the People's Court of Siming District of Xiamen City, Fujian Province, delivered a verdict and the owner, the perpetrator, and the insurance company of the carwash were jointly responsible for the compensation.
Mr. Qiu runs a car maintenance club in Xiamen. Azhen and Ajin are employees of the club and are engaged in car wash work. On the evening of September 10, 2011, Mr. Wang drove a small off-road vehicle to the conservation club to wash the car and left the car key after leaving Ajin.
After cleaning, Akin moved his car under the guidance of Ah Zhen and inadvertently bruised him. As determined by the traffic police department, Akin was fully responsible for the accident. The accident caused A Zhen right right tibial plateau fracture, left lateral knee collateral ligament rupture, left knee anterior cruciate ligament rupture and other injuries, has been hospitalized for more than 20 days, spending a total of 53,000 yuan in medical expenses.
Mr. Wang's off-road vehicle was insured by Pacific Property Insurance Co., Ltd., and the accident occurred during the insurance period. After the accident, the insurance company sent a notice of disapproval to Mr. Wang and refused to settle the claim on the ground that it was not covered by the insurance liability.
After Ah Zhen was discharged from the hospital, he appealed to Akin, Mr. Qiu, Mr. Wang and the insurance company to the court and asked the above four defendants to compensate their losses totaling RMB 146,000. In the courtroom, all parties have heatedly debated.
During the trial, the insurance company argued that the accident occurred in the car conservation club, rather than on the road. It was not a traffic accident and it should not be held liable for compensation. The defendant Ajin was not a legal driver allowed by the insured, so he did not meet the conditions for claims, and he was dissatisfied with the part of the project and amount claimed by A Zhen.
Siming’s court held that Mr. Qiu’s employees in the Ajin Department had caused the plaintiff’s injuries during his employment activities and that Mr. Qiu should be liable for compensation. Inkin had caused the tenth disability to the plaintiff, and took full responsibility for the accident. He had serious fault and should bear joint liability with Mr. Qiu. The insurance company, as a compulsory insurance agent for the accident vehicle, shall directly compensate the plaintiff within the limit of the compulsory traffic insurance. The owner, Mr. Wang, was not at fault for the accident and no compensation was required.
Based on this, the court first-instance decision by the insurance company to pay compensation for Azhen 80000 yuan within the limit of compulsory traffic insurance, by Mr. Qiu compensation to Ah Zhen 57,000 yuan, Akin undertake joint liability.
â– Connection judge â–
In this case, there were many differences between the perpetrators, the victim and the relationship between the defendants and the locations of the accidents, as compared with ordinary traffic accidents. As a result, there were many disputes regarding the determination of liability. In this regard, the reporter interviewed the advisor of the case. Hey.
Qiu Xie believes that from the occurrence of the accident, the driver's driving behavior is engaged in hiring activities, so Mr. Qiu should bear the liability of the plaintiff A Zhen. At the same time, Mr. Qiu also did not perform management duties while Ajin was moving the vehicle. Akin is fully responsible for the accident and is a gross fault. He should bear joint liability with Mr. Qiu.
Although this accident occurred in car washes rather than on public roads, according to Article 43 of the “Regulations on Compulsory Motor Vehicle Accident Liability Insuranceâ€: “Accidents occur when motor vehicles pass through the roads, causing accidents. The compensation for personal injury or property damage shall apply mutatis mutandis to this Regulation. Therefore, the accident may be regarded as a road traffic accident. (Reporter An Haitao correspondent Qiu Yi Yang Changping)
ã€Edit: Zhang Shangchu】
Mr. Qiu runs a car maintenance club in Xiamen. Azhen and Ajin are employees of the club and are engaged in car wash work. On the evening of September 10, 2011, Mr. Wang drove a small off-road vehicle to the conservation club to wash the car and left the car key after leaving Ajin.
After cleaning, Akin moved his car under the guidance of Ah Zhen and inadvertently bruised him. As determined by the traffic police department, Akin was fully responsible for the accident. The accident caused A Zhen right right tibial plateau fracture, left lateral knee collateral ligament rupture, left knee anterior cruciate ligament rupture and other injuries, has been hospitalized for more than 20 days, spending a total of 53,000 yuan in medical expenses.
Mr. Wang's off-road vehicle was insured by Pacific Property Insurance Co., Ltd., and the accident occurred during the insurance period. After the accident, the insurance company sent a notice of disapproval to Mr. Wang and refused to settle the claim on the ground that it was not covered by the insurance liability.
After Ah Zhen was discharged from the hospital, he appealed to Akin, Mr. Qiu, Mr. Wang and the insurance company to the court and asked the above four defendants to compensate their losses totaling RMB 146,000. In the courtroom, all parties have heatedly debated.
During the trial, the insurance company argued that the accident occurred in the car conservation club, rather than on the road. It was not a traffic accident and it should not be held liable for compensation. The defendant Ajin was not a legal driver allowed by the insured, so he did not meet the conditions for claims, and he was dissatisfied with the part of the project and amount claimed by A Zhen.
Siming’s court held that Mr. Qiu’s employees in the Ajin Department had caused the plaintiff’s injuries during his employment activities and that Mr. Qiu should be liable for compensation. Inkin had caused the tenth disability to the plaintiff, and took full responsibility for the accident. He had serious fault and should bear joint liability with Mr. Qiu. The insurance company, as a compulsory insurance agent for the accident vehicle, shall directly compensate the plaintiff within the limit of the compulsory traffic insurance. The owner, Mr. Wang, was not at fault for the accident and no compensation was required.
Based on this, the court first-instance decision by the insurance company to pay compensation for Azhen 80000 yuan within the limit of compulsory traffic insurance, by Mr. Qiu compensation to Ah Zhen 57,000 yuan, Akin undertake joint liability.
â– Connection judge â–
In this case, there were many differences between the perpetrators, the victim and the relationship between the defendants and the locations of the accidents, as compared with ordinary traffic accidents. As a result, there were many disputes regarding the determination of liability. In this regard, the reporter interviewed the advisor of the case. Hey.
Qiu Xie believes that from the occurrence of the accident, the driver's driving behavior is engaged in hiring activities, so Mr. Qiu should bear the liability of the plaintiff A Zhen. At the same time, Mr. Qiu also did not perform management duties while Ajin was moving the vehicle. Akin is fully responsible for the accident and is a gross fault. He should bear joint liability with Mr. Qiu.
Although this accident occurred in car washes rather than on public roads, according to Article 43 of the “Regulations on Compulsory Motor Vehicle Accident Liability Insuranceâ€: “Accidents occur when motor vehicles pass through the roads, causing accidents. The compensation for personal injury or property damage shall apply mutatis mutandis to this Regulation. Therefore, the accident may be regarded as a road traffic accident. (Reporter An Haitao correspondent Qiu Yi Yang Changping)
ã€Edit: Zhang Shangchu】
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