What Do Drivers And Accident Insurance Companies Do During The Internship?

Anyone who has obtained the driving qualification should know that "motor vehicles driving during the internship period shall not be towed".

Kim is an individual carrier. One day, he could not deliver the goods for customers. He contacted the Zhang Jia for a trip.

Zhang Jia said he couldn't get away, but his son Zhang Yi got his driver's license three months ago and could go there.

Kim agreed.

So Zhang Yi drove a heavy semi trailer loaded with 15 tons of gold.

Unexpectedly, on the road and Lee driving a small truck collision, Lee injured, small truck seriously damaged.

Traffic police confirmed that Zhang Yi's main responsibility for the accident is Lee's secondary accident.

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Mediation by the traffic police department, Kim should compensate Lee 322 thousand yuan.

According to the mediation agreement, Kim paid all the compensation to Lee, and the insurance company that requested it to pay 122 thousand yuan for compulsory insurance, and paid 200 thousand yuan in the range of 500 thousand yuan business third party liability insurance.

However, in the format contract signed by both sides, the insurance company has "a motor vehicle that the driver is driving during the internship period must not be towed".

On the grounds of that, it only agreed to pay 122 thousand yuan for the payment of compulsory insurance.

Jin believed that the insurance company did not give any hint when it was insured, and then filed a lawsuit with the court.

The court's decision supported Kim's claim that the insurance company should pay 122 thousand yuan in the compulsory insurance coverage, and dismissed the payment of 200 thousand yuan in the range of 500 thousand yuan business third party liability insurance.

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Although according to the seventeenth clause and second paragraph of the insurance law, "the clause of the liability of the insurer is excluded from the insurance contract, the insurer...

If there is no hint or explicit explanation, the clause shall not be effective. "

However, in the standard terms, "the driver should not drive the trailer during the internship period" is a mandatory requirement of the law.

The twenty-second paragraph and second paragraph of the "Regulations on the implementation of the road traffic safety law" promulgated by the State Council stipulates: "the 12 months after the initial application of a motor vehicle driving license for motor vehicle drivers is the internship period."

The third paragraph provides: "motor vehicle drivers shall not drive buses, operating buses or police cars, fire engines, ambulances, engineering rescue vehicles and motor vehicles carrying dangerous goods such as explosive materials, inflammable and explosive chemicals, highly toxic or radioactive substances during the internship period. Motor vehicles must not be towed by trailers."

Therefore, although the insurance company did not prompt the exemption clause when it was insured by the plaintiff, because the clause was a mandatory law, it could be determined that the content was clearly known to the applicant, and the insurance company had the right to refuse compensation accordingly.