Article 1216
If the driver of a motor vehicle escapes after a traffic accident, and the motor vehicle participates in compulsory insurance, the insurer shall compensate within the limits of the liability limit of the compulsory insurance of the motor vehicle; if the motor vehicle is unknown, the motor vehicle has not participated in the compulsory insurance, or the rescue expenses exceed the liability limit of the compulsory insurance of the motor vehicle, and it is necessary to pay the expenses for the rescue and funeral of the personal injury or death of the infringed person, the road traffic accident social assistance fund shall pay in advance. After the road traffic accident social assistance fund has been advanced, its management agency has the right to recover from the person responsible for the traffic accident.
1. The main purpose of this article
This article is about the relief of the victim and the right of recourse of the road traffic accident social assistance fund if the driver of a motor vehicle escapes after a traffic accident.
II. Evolution of the Provisions
This article is developed on the basis of the original article 53 of the Tort Liability Law. Article 53 of the Law stipulates: "If the driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurance company shall compensate him within the limit of liability of the compulsory insurance for motor vehicles; After the road traffic accident social assistance fund has been advanced, its management agency has the right to recover from the person responsible for the traffic accident. On the basis of this article, this article refers to Article 24 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability, which has already regarded the rescue expenses exceeding the liability limit of the compulsory motor vehicle traffic insurance as one of the circumstances in which the road traffic accident relief fund fulfills the obligation to pay in advance, and also clarifies that the rescue expenses exceeding the limit of the compulsory motor vehicle insurance shall be increased as one of the three situations in which the road traffic social assistance fund needs to be advanced, so as to make it more complete and consistent with the effective administrative regulations.
If the driver of a motor vehicle escapes after a traffic accident, the motor vehicle that caused the accident may be clear, but the driver is unknown, and in this case, the compulsory traffic insurance insurer shall compensate the victim within the limit of liability. When the motor vehicle is unknown, the motor vehicle has not participated in compulsory insurance, or the rescue expenses exceed the liability limit of the compulsory motor vehicle traffic insurance, the road traffic accident social assistance fund shall advance the expenses for the rescue and funeral of the infringed person. It can be seen that this article strengthens the provisions on the relief of victims from the perspective of liability insurance and social security.
3. Interpretation of Provisions
This article is about the rules for the liability of the driver to escape after a traffic accident.
If the driver of a motor vehicle escapes after a traffic accident, and the motor vehicle participates in the compulsory insurance of motor vehicle traffic accident liability, the function of the compulsory insurance cannot be changed, and the insurer shall still compensate within the limit of the liability of the compulsory insurance to relieve the victim's damages. From this point of view, the compulsory third-party liability insurance for motor vehicles covers the damage of the victim of the traffic accident, so the victim has the right to request the insurer to pay compensation.
In the above circumstances, if the ownership of the motor vehicle is unclear, the motor vehicle does not participate in compulsory insurance, or the rescue expenses exceed the liability limit of the compulsory insurance of the motor vehicle, and it is necessary to pay for the rescue, funeral and other expenses of the personal injury or death of the infringed party, such compensation cannot be obtained through compulsory insurance, and shall be paid in advance by the road traffic accident social assistance fund.
The Road Traffic Accident Social Assistance Fund is a fund created in accordance with Article 17 of the Road Traffic Safety Law, which is a supplement to the compulsory insurance system for motor vehicle traffic accident liability, with the aim of ensuring that victims of road traffic accidents can obtain timely rescue or appropriate compensation through the assistance of the fund when they cannot obtain compensation in accordance with the system and from the infringer. This system adheres to the principle of people-oriented, and reflects the care and assistance of the state and society for the safety and health of natural persons. The Social Assistance Fund for Road Traffic Accidents is a foundation that is a donor corporation. When the road traffic accident social assistance fund has paid the above-mentioned losses in advance, its management agency has the right to recover from the person responsible for the traffic accident.
4. Cases
Today's Xing Company v. Li et al., a motor vehicle traffic accident liability dispute
Facts: Li's car collided with a large passenger car parked by Tong Moujun, a driver of Today's Company, causing damage to the front of the two vehicles. After the accident, Li drove away. Li bears full responsibility for the accident, and Tong Moujun is not responsible. The passenger car driven by Mr. Li was insured by an insurance company with compulsory insurance for motor vehicle traffic accident liability. The large passenger car driven by the driver of today's company is rented, and for this, today's company pays a rental fee of 27,000 yuan. Today's company filed a lawsuit with the court, requesting that Li and an insurance company be ordered to compensate 85,500 yuan for vehicle repair costs and 27,000 yuan for vehicle leasing fees. The court of first instance held that an insurance company should compensate within the compulsory insurance limit of motor vehicle traffic accident liability, and Li should compensate for the excess. Li was dissatisfied with the first-instance judgment and appealed. The court of second instance held that, in accordance with Article 53 of the Tort Liability Law, the Company's request for Li and an insurance company to bear the corresponding liability for compensation was based on the law and should be supported. The appeal was dismissed and the original judgment was affirmed.
5. Analysis
This case involves the allocation of responsibility for a hit-and-run accident involving a motor vehicle driver. Article 53 of the Tort Liability Law stipulates three basic rules: first, the liability of the insurance company to pay compensation within the scope of the compulsory insurance of motor vehicle traffic accident liability, second, the advance payment liability of the road traffic accident social assistance fund, and third, the right of recourse of the road traffic accident social assistance fund management institution. Article 1216 of the Civil Code inherits the provisions of Article 53 of the Tort Liability Law and also provides for the above three rules. In this case, the driver of the motor vehicle, Mr. Li, escaped, and the insurance company still needs to compensate within the liability limit of the compulsory insurance of the motor vehicle. This is the embodiment of the principle of priority of compulsory insurance for motor vehicle traffic accident liability, that is, no matter what the situation, the claim should be settled in accordance with the rules of compulsory insurance, and the insurance company shall not refuse for any reason. Only the compulsory insurance of motor vehicle traffic accident liability gives priority, so that in the case of the escape of the motor vehicle driver, the victim's losses can be compensated in a timely manner and his legitimate rights and interests can be safeguarded.