Accident victims given legal muscle

By Liu Dong Source:Global Times Published: 2012-12-21 22:48:22

A new legal interpretation for traffic accidents and compensation has been approved by the Supreme People's Court and came into effect Friday. Lawyers said the law emphasized the protection of the victims of traffic accidents.

The law, announced on Thursday, regulated that victims of car accidents should be supported receiving compensation from insurance companies where the driver has compulsory insurance, even if the driver was drunk, under the influence drugs, or driving without a license. Previously, insurance companies wouldn't pay out to victims in such cases.

The law mentioned if a driver has bought both compulsory motor vehicle liability insurance and commercial third party liability insurance, the compulsory insurance should be recovered first. The commercial insurance will cover the insufficient section. If still uncovered, the liable party in the accident will pay.

Meanwhile, the interpretation also clarified the concepts of loss of life and property, which have often caused controversial disputes in practice. It regulated the cost of medical fees and the psychological damage caused by loss of life.

The new law also defined the responsibility of various parties in accidents. For vehicles that don't belong to the driver, the vehicle owner will be deemed to bear equal obligation if they knew the person responsible for the accident.

Li Qianjun, a lawyer from the Shanghai Promise Law Firm told the Global Times that the law increases the responsibility of insurance company and broaden the ways for victims to get relief.

"Compared to before, the law can help victims to secure their rights and compensation more effectively," Li said.

But Li added that a lack of traffic safety consciousness among the public is the fundamental reasons for the increasing number of traffic accidents in China.

According to figures from the Supreme Court, the number of compensation cases caused by traffic accidents has increased rapidly in recent years. In 2007, China had 296,969 such cases while the number in the first six months of 2012 alone reached 403,476.

 



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