Interpreting the case | Is it hit and run if the driver of the hit and run vehicle leaves the scene of the accident after an accident?

1、 Case introduction

When Mr. Tang was driving to a certain place, he collided with the rear of a vehicle driving in the same direction in front of him, causing damage to both vehicles and injury to Mr. Tang. After the accident, Tang drove away. After being identified by the traffic police, Mr. Tang is fully responsible. The insurance company escapes from a hit and run accident with a driver named Tang, which belongs to the exemption of commercial insurance liability, so the commercial insurance refuses to compensate. The driver, Mr. Tang, only recorded that the driver left the scene of the accident with the traffic police accident identification letter, but did not directly identify the situation of hit and run, and did not agree with the conclusion of the insurance company, so he sued to the court. After the first and second trials of the court, the case recognized the claim of the insurance company. According to the relevant evidence, it was determined that Mr. Tang left the scene after the accident, which should be considered as escaping after the accident, and it was within the scope of commercial insurance exemption. It was determined that the commercial insurance of the insurance company did not need to pay compensation.

2、 Case analysis

In this case, the driver, Mr. Tang, left the scene without taking relevant protective measures after the accident, refused to claim compensation according to relevant laws and regulations, the Model Terms of Commercial Insurance for Motor Vehicles (2020) and relevant exemption clauses. After the first and second trials of the court, both the claims of the insurance company were recognized, so this case belongs to the exclusion of commercial insurance.

3、 Case enlightenment

The traffic police accident identification only records that the driver left the scene of the accident. Is the driver of the vehicle involved in the accident a hit and run? According to the "Road Traffic Accident Identification Book" of the accident in this case, "after the accident, Mr. Tang drove away from the scene and was found by the public security organ on the same day." In addition, Mr. Tang, the driver who was applied for by the insurance company, showed in the first interrogation record of the public security organ:

Q: Why not give an alarm?

A: I thought it was a rear end collision. So I wanted to repair the car myself, but I didn't expect to call the police.

In the second interrogation record of the public security organ, the driver, Mr. Tang, showed that:

Q: Why didn't you call the police afterwards?

A: I'm afraid that if I have to take responsibility, I didn't call the police. I want to repair the car myself.

To sum up, the defendant, Mr. Tang, objectively drove a vehicle away from the scene of the accident, and subjectively intended to evade legal investigation, which meets the constitutive requirements of hit and run. Therefore, the court adopted the claim of the insurance company. According to the exemption clause of the commercial insurance of the insurance company, the insurer is not responsible for compensation for the personal injury, property loss and expenses of the driver who escapes from a traffic accident, regardless of any reason. It is determined that the commercial insurance of the insurance company does not need compensation.

Then, how to deal with the accident correctly?

Relevant claim settlement personnel of Shenzhen Branch of China Life Property&Casualty Insurance said that, According to Article 70 of the Road Traffic Safety Law, in case of a traffic accident on the road, the vehicle driver shall stop immediately to protect the scene; If personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured and promptly report to the traffic police on duty or the traffic control department of the public security organ. If the scene is changed due to rescuing the injured, the location shall be indicated. Passengers, drivers of passing vehicles and pedestrians shall provide assistance. If a party to a traffic accident drives or abandons his car to escape from the scene of the accident knowing that a traffic accident has occurred, he or she will be deemed to have escaped from the scene of the accident. The party who escapes will bear all the responsibility for the accident. If the circumstances are serious, he or she will be investigated for criminal responsibility.

According to the terms of the insurance contract, the escape from a traffic accident constitutes the exclusion of the insurance company. Here, China Life Insurance Shenzhen Branch Remind consumers that in order to avoid violating laws and regulations and safeguard their legitimate rights and interests, they should stop immediately after a traffic accident occurs, protect the scene, and promptly report to the insurance company on the premise of ensuring personal safety.

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