After a traffic accident,
Some parties will choose to keep the accident private.
Well, after both parties have been private
Can I still claim a claim from an insurance company?
Let's take a look at today's case.~
Basic facts of the case
In September 2019, a small car driven by Yu had a traffic accident with a small car driven by Zhao on a provincial highway in Licheng District, Jinan City. The Licheng District Brigade of the Traffic Police Detachment of the Economic South City Public Security Bureau determined that Yu was not responsible and Zhao was fully responsible for the accident.
After the accident occurred, Yu and Zhao signed the "Accident Handling Agreement", which stated that "Yu received an accident handling compensation of 2,000 yuan, the two parties had no objections, and the future two were not responsible". Yu X's vehicle was insured with motor vehicle commercial insurance, and then Yu X reported the case to the insurance company and applied for a claim, and the insurance company paid for the loss of the vehicle in advance, and Yu transferred the right of claim to the insurance company. Later, the insurance company sued Zhao to the court due to the dispute over the insurer's subrogation right.
Court hearings
After the occurrence of the insurance accident, before the insurance company compensated the insurance premium, Yu reached a mediation with Zhao, and after receiving Zhao's compensation of 2,000 yuan, he said that the two parties were "not responsible for the future two clearances" and should be determined that Yu had clearly waived the right to claim other compensation for Zhao. In summary, the insurance company's request for Zhao to pay compensation in lieu of compensation has no factual and legal basis, so the judgment rejects the insurance company's litigation claim.
Judge's Statement
Zhang Benrong, a first-level judge of the Case Filing Division (Litigation Service Center) of the Licheng District Court in Jinan:
Article 60 of the Insurance Law of the People's Republic of China stipulates that if an insured accident is caused by damage to the subject matter of insurance by a third party, the insurer shall, within the scope of the indemnity amount, exercise the insured's right to claim compensation from the third party by subrogation from the date of indemnifying the insured for the insurance premium. If, after the occurrence of an insured accident as provided for in the preceding paragraph, the insured has already obtained damage compensation from a third party, the insurer may deduct the amount of compensation already received by the insured from the third party accordingly when compensating the insurance premium.
Article 61 of the Insurance Law of the People's Republic of China stipulates that after the occurrence of an insured accident, if the insured waives the right to claim compensation from a third party before the insurer has not compensated the insurance premium, the insurer shall not be liable for indemnifying the insurance premium. According to the above provisions, Yu reached a settlement with Zhao and waived the right to claim other compensation for Zhao, and the insurance company did not bear the corresponding liability for compensation insurance premiums. The insurance company has made a claim against Yu without knowing it, and the insurance company may claim the right to return the claim against Yu in a separate case.
Some insured people lack relevant legal awareness, mistakenly believe that the traffic accident has reached a settlement and obtained the perpetrator's car damage compensation, they can still apply to the insurance company for full compensation. The insurer's right to claim on behalf of the insured is intended to provide double protection for the insured to ensure that the insured's losses are fully compensated, but the insured cannot obtain excessive benefits due to insurance compensation. After the accident, if a compensation agreement has been reached and the perpetrator is relieved of other liabilities, the right to claim compensation from the insurance company is forfeited. Claims made by the insurance company without knowing the settlement agreement are unjust enrichment and should be returned by the insured.
