Did you escape from the insurance company in case of a traffic accident?

1、 Out Escape in traffic accident Does the insurance company compensate?

Compulsory traffic insurance The legislative principle is to ensure that the victims are compensated according to law. If the hit and run behavior is not an exception listed in the regulations and terms, the insurance company still needs to bear the liability for claims. Compulsory traffic insurance and commercial insurance Third party liability insurance and Vehicle damage insurance It is clearly stipulated in the insurance clauses of, that after the accident, the insured or the driver allowed by the insured drives the insured vehicle or abandons the insured vehicle to escape from the accident scene without taking measures according to law, or deliberately destroys, forges or destroys the scene evidence It belongs to deductible liability, that is to say, commercial insurance cannot be compensated if it is determined to escape.

The legal nature of compulsory traffic insurance is different from that of commercial insurance. Commercial insurance is the kind of insurance that the policy holder insures for the purpose of spreading risks and "transferring" their own responsibilities. Compulsory traffic insurance is more public welfare, and its primary purpose is to traffic accident The victims provide basic security, timely and reasonably fill the damage they have suffered, and thus safeguard the safety and rights of the public.

2、 Identification Hit and run From what aspects?

1. Subjective aspects

The subjective aspect is the subjective motivation of the actor, Traffic accident The motivation of post escape is generally to avoid rescue obligations and accountability. This motive is a positive psychological activity. although Traffic accident crime yes unpremeditated crime , but only as far as escape behavior is concerned, it has direct behavioral intent. Therefore, only when the perpetrator is aware of the act of causing a traffic accident and has a direct criminal intention to escape, can he escape after a traffic accident.

2. Objective aspects

Escape after a traffic accident must conform to the circumstances prescribed by law. from criminal law Theoretically, the most direct way to determine whether the perpetrator constitutes a crime is to identify the objective aspects of the behavior.

3. After escape

The spatial element of escape behavior after a traffic accident, that is, whether the behavior is limited to "escape from the scene of the accident". Although the perpetrator did not escape from the scene after the traffic accident (some could not escape), he fled after sending the injured to the hospital or waiting for the traffic police department to deal with the crime. Both subjective and objective aspects are consistent with the composition of the escape behavior after the traffic accident, and should also be severely punished by the law.

To sum up, the escape nature of the party involved in a traffic accident is bad. The insurance company will compensate the victim within the scope of compulsory traffic insurance, while the insurance company will not compensate for the commercial insurance. If the compensation of compulsory traffic insurance is not enough, the victim can sue the party who caused the accident and ask it to bear the remaining civil compensation. If one person is seriously injured due to hit and run in a traffic accident, it constitutes a criminal act.