New provision in drunk driving law sparks row
By Zha Minjie |
March 23, 2012, Friday
|
Print Edition
Print Edition
A DRAFT amendment ruling that insurance companies should share responsibility and pay compensation in drunk-driving cases has sparked controversy after it was made public.
The draft, issued by China's Supreme People's Court, has been criticized for reducing the penalty on drunk drivers and, to some extent, encouraging reckless behavior.
Currently, insurance companies don't pay out in any incident of drunk driving that causes death or injury.
But in some recent court cases, judges have asked the companies to pay up.
Insurance companies say they will have to raise premiums to cover their losses if the draft becomes law.
One Shanghai insurance company employee, who declined to be named, said: "According to the insurance clauses the companies will be spared responsibility in drunk driving cases if the drunk driver is insured."
He said that companies usually paid part of the victim's medical costs and claimed it back from the drunk driver.
Cities have begun to enforce a new policy that imposes stiffer penalties for those with drunk driving records.
Traffic police said drivers had become more cautious since the introduction of more severe punishments in May last year with drunk drivers who cause "severe consequences" facing criminal charges with punishments, including jail terms and even the death penalty.
Public opinion on the draft is being sought until April 21.
Li Weiqun, a law expert at East China University of Political Science and Law, said the draft puts "humane considerations into court rulings."
Li said the draft would mean insurers will have to pay more, to the benefit of victims of drunk driving incidents.
On March 13, a court in Daqing City, northeastern Heilongjiang Province, ruled that an insurance firm should pay 120,000 yuan in a drunk driving accident that killed two people, including the driver, in 2008. Four others were injured and one of them submitted a claim to the driver's insurance company. The company said clauses in the policy cleared the firm of any responsibility if the driver was drunk.
However, the judge ruled that the clauses were just industry regulations and not laws and the company "could not be spared."
The draft, issued by China's Supreme People's Court, has been criticized for reducing the penalty on drunk drivers and, to some extent, encouraging reckless behavior.
Currently, insurance companies don't pay out in any incident of drunk driving that causes death or injury.
But in some recent court cases, judges have asked the companies to pay up.
Insurance companies say they will have to raise premiums to cover their losses if the draft becomes law.
One Shanghai insurance company employee, who declined to be named, said: "According to the insurance clauses the companies will be spared responsibility in drunk driving cases if the drunk driver is insured."
He said that companies usually paid part of the victim's medical costs and claimed it back from the drunk driver.
Cities have begun to enforce a new policy that imposes stiffer penalties for those with drunk driving records.
Traffic police said drivers had become more cautious since the introduction of more severe punishments in May last year with drunk drivers who cause "severe consequences" facing criminal charges with punishments, including jail terms and even the death penalty.
Public opinion on the draft is being sought until April 21.
Li Weiqun, a law expert at East China University of Political Science and Law, said the draft puts "humane considerations into court rulings."
Li said the draft would mean insurers will have to pay more, to the benefit of victims of drunk driving incidents.
On March 13, a court in Daqing City, northeastern Heilongjiang Province, ruled that an insurance firm should pay 120,000 yuan in a drunk driving accident that killed two people, including the driver, in 2008. Four others were injured and one of them submitted a claim to the driver's insurance company. The company said clauses in the policy cleared the firm of any responsibility if the driver was drunk.
However, the judge ruled that the clauses were just industry regulations and not laws and the company "could not be spared."
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