The other party is fully responsible for the expiration of the car's compulsory insurance

[Case]

　　In August 2014, Tanmou driving tractor from Longan County Gutan Township to the direction of the town of NaTong traveling on the way, LuMou in its rear driving car overtaking, in driving back to the original lane did not maintain enough to take emergency braking measures of the safety distance, resulting in the collision of the two cars, LuMou died on the spot and the two cars to varying degrees of damage. After the accident, the traffic police department found that lu mou is mainly responsible for, tan mou motor vehicle without regular inspection and load overweight, negative secondary responsibility. The day after the accident, Tanmou compensation Lu's relatives 10,000 yuan. Lu's relatives to the court sued the court ordered Tan to compensate more than 150,000 yuan. Tan on the expiration of its traffic insurance did not renew in a timely manner, expressed regret, and repeatedly argued that Lu DUI rear-end only car accident, it only agreed to part of the compensation.

　　[Trial]

　　Longan County People's Court held that Tan is the tractor's insurance obligation, it is not legally insured compulsory insurance, according to the "People's Republic of China Road Traffic Safety Law", Article 76, paragraph 1 and the "Supreme People's Court on the trial of road traffic accidents, damages to cases of the Interpretation of a number of issues in the application of the law," Article 19, paragraph 1 of the provisions, Lu's relatives to request Tan to be in the compulsory liability limits of the compulsory insurance to be Compensation in accordance with the law, so the judgment by Tan Mou in the compulsory insurance liability limits of compensation for 110,000 yuan, the part of the shortfall by Tan Mou compensation 10%, a total of compensation 123,700 yuan.

　　[Commentary]

　　With the development of social economy, the purchase of private cars has become a common phenomenon, generally buy a car in the first year, most people are insured by law compulsory insurance, but once the expiration of the insurance can be safe and sound, then there will be some people do not want to renew the insurance, thinking that this can save the insurance premium. Do not know, once the car accident, the owner will only bear the liability of compulsory insurance.

　　Because compulsory insurance is through national regulations to force motor vehicle owners or managers to buy liability insurance, with mandatory. In other words, the compulsory insurance is the legal obligation of the owner of the motor vehicle. For did not take out compulsory insurance or insurance expired without renewing the motor vehicle owner or manager, in the traffic accident how to deal with? The supreme people's court on the trial of road traffic accident damage compensation cases of the applicable law of a number of issues of the interpretation of the relevant provisions, according to the interpretation of the first paragraph of article 19, not according to the law of compulsory insurance motor vehicle traffic accidents caused by damage, the party requesting the obligation to be insured in the compulsory liability limits of compensation, the people's court shall be supported.

　　In this case, because Tan's tractor compulsory insurance expired without timely renewal, resulting in the accident victim Lu's relatives failed to get from the insurance company compulsory insurance compensation, so the court ruled by Tan first reference to the standard of compulsory insurance unconditional compensation, and then according to the secondary responsibility for the part of the final Tan was awarded compensation of 123,700 yuan. If Tan's tractor is insured by compulsory insurance, then the insurance company should compensate Lu's relatives' losses within the death compensation limit of 110,000 yuan, that is to say, in this case, Tan did not insure the compulsory insurance and thus lost 110,000 yuan.

(Author's unit: Longan County People's Court, Guangxi)