Is It A Traffic Accident To Drive A Car Into A Dog?

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This morning, the case was heard in Xicheng court, and a series of questions were also drawn.

"No evidence, no compensation" at court trial.

Mr. Luo, the husband of a giant dog, recalled in court that in the morning of August 3rd, he was standing on the crosswalk on the east side of the worker's home with his family's small silver fox dog. He was going to cross the road from east to west.

The driver of the Beijing new moon United taxi company, a high speed car, turned from the intersection to the bicycle lane and hit the puppy.

After diagnosis, the dog had "internal bleeding and three or four comminuted fractures of the pelvis".

Madam Ju believes that the "taxi" incident was insured in the insurance company.

In the trial, only the agent of the taxi company sat on the dock. The Chaoyang Branch of Peoples Insurance Company of China, Beijing, did not appear before the court after receiving the notice.

The rental company said that the plaintiff did not provide a traffic accident confirmation document of the traffic control department, nor did it provide any proof of the police station, nor did it provide evidence of ownership of the dog and legal proof of the dog.

The driver also recalled that he had not noticed that he had bumped into a puppy.

Therefore, the company does not agree to compensation.

Focus of the case

Is 1. car hitting a dog a traffic accident?

To apply for compulsory insurance, we must first confirm that the case is a traffic accident.

According to the provisions of the road traffic law, "traffic accident" refers to the casualty or property loss caused by a vehicle on the road due to a fault or accident.

The two sides of the original defendants expressed confusion about the blank of the law.

2. how much responsibility is there for a dog chain?

The agent of the leasing company told reporters that the taxi was running normally without incident.

According to the compulsory insurance, Mr. Luo should not take the dog chain to walk. He should be responsible for his own fault.

Mr. Luo admitted that he had not tied the dog chain, but thought that he should not let the vehicle be shirking its full responsibility.

3. can we make use of strong insurance to compensate dogs?

Mr. Luo said that he knew that there was no animal protection law in our country, but pets should be compensated for their property being hit by a car.

Before the insurance company's agent, the court made it clear that the compensation for a dog after being hit by a car was not within the scope of the insurance coverage.

Traffic police say cars hit dogs usually do not deal with traffic accidents.

Traffic accident Bureau police told reporters that if the driver hit a stray animal and caused the loss of the vehicle, the police usually dealt with the accident unilaterally, and the driver directly claimed from the insurance company.

If it is on a closed road such as a highway, causing serious losses due to collision or avoidance of wildlife, the traffic control department will also issue a proof of the accident, which will be claimed by the driver to the insurance company or the owner of the expressway until the legal proceedings are taken.

However, if a driver drives a car to kill a pet dog and does not cause any loss of other vehicles, the traffic police usually will not issue legal documents or deal with traffic accidents. Instead, he will pfer the case to the local police station for mediation by the police station. If mediation fails, both parties can directly bring civil proceedings to the court.

According to the traffic control department, according to the "road crossing law" and the implementation of the "crossing law" in Beijing, the three elements of pportation are people, vehicles and roads. The law only coordinates the relationship between the three, and does not involve animals.

A line of policemen laughs and says, can dogs, cats, rats, animals walk and sit in bed, can they be restrained by traffic laws? {page_break}

If the expert advice is to use the compulsory insurance, the dog is wrong.

Few people think that car collision should be handled in civil disputes.

The reason is: constitute the four essential elements of traffic accidents, such as vehicles, roads, traffic violations, faults and consequences.

The road is obviously not a free place for dogs to operate. The car bumping dog is basically a master without a chained dog chain. Therefore, it is not a traffic accident to hit a dog on a normal road running, and it can not be applied to compulsory insurance.

The original purpose of the design of compulsory insurance is to make necessary compensation for human injuries in traffic accidents.

But in law, pets killed and injured in traffic accidents can only be regarded as the property of their owners, and the compensation for property damage is applicable.

And this property damage compensation is the need to divide the responsibility, in accordance with the proportion of responsibility for compensation.

Ding Limin, a professor of traffic management at Chinese People's Public Security University, said.

Professor Ding believes that there are clear rules for dog walking and dog walking in Beijing.

If the dog owner fully complied with these regulations and led a pet dog to travel, and at the same time obeying the traffic law, it would be less likely to be hit. If there was a problem, the dog owner would have less responsibility.

However, most of these incidents in Beijing are caused by dogs being knocked out of their master's control. At this time, it is not appropriate to ask drivers to pay attention to every dog as well as other people and cars.

"From a legal point of view, such a thing should belong to a civil dispute against property. It is not appropriate to deal with it according to traffic accidents. Of course, it is not possible to make use of compulsory insurance to compensate for it."

Out of court interviews with vehicles hit a dog and lose money with strong insurance.

A 87 year old man took his 17 year old pet dog for a walk. The puppy was hurt by a newly started car on the roadside and spent more than 1700 yuan on the treatment fee.

The court finally decided that the vehicle collision dog was a traffic accident, and in the scope of the liability limit for the compulsory insurance, the insurance company was required to compensate for the pportation fees and medical expenses for the dogs.

The judge, who made the decision, told reporters that a traffic accident is a loss of personal or property caused by a fault or accident on the road.

This case happened on the road, and it was also an accident of motor vehicle and another party, and the loss of property caused by adults, so it was identified as a traffic accident.

"The judgment does not identify dogs as the main body of accidents.

The main body of the accident is the owner of the dog, which constitutes an accident between the person and the motor vehicle, and the treatment of the dog's injury is identified as the loss of the property of the dog owner.

You can understand by turning around a bend. "

The judge said that both the traffic accident and the loss of property could be claimed by the insurance company.

The purpose of car owners' insurance is to provide protection for all kinds of accidents that they drive on the road.

Animals also have the ability to move, but also accidents on roads. They do not believe that insurance claims are unfair to owners.

According to the 76 provision of the road traffic law, a motor vehicle accident causing personal injury and property loss shall be compensated by the insurance company within the limitation of liability for compulsory third party liability insurance.

The property compensation limit is 2000 yuan.

That is to say, within the limits of the quota, the insurance company shall bear no fault liability.

Of course, if the quota is over 2000 yuan, we should consider whether the dog is bound to the dog chain and whether the dog is legal.