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"Unable to provide evidence" is a legal term, which refers to a state that should provide evidence to prove that a party to his claim cannot provide conclusive evidence and may bear the adverse consequences of losing the lawsuit. Recently, in a traffic accident, the Fujian Provincial Insurance Industry Association perfectly resolved the "unable to provide evidence" and proposed a mediation plan acceptable to both parties to the insurance contract.
Fujian J6 linked to Fujian J1 owner Chi on November 13, 2012 in the Pacific Property Insurance Company Ningde Branch insured compulsory traffic insurance and commercial vehicle insurance, including the driver's insurance amount of 100,000 yuan, the passenger's 2 seats insurance amount of 100,000 yuan, and the third party liability insurance amount of 1 million yuan, excluding deductibles. At the same time, it also insured the number of traffic accident insurance for 3 people, and the insured amount is 200,000 yuan/person.
At the same time, the unit affiliated with the vehicle also insured the Taikang group accident insurance, the insured amount is 200,000 yuan, the additional accident injury group medical insurance, the insured amount is 40,000 yuan and the additional accident hospitalization allowance group medical insurance, the insured amount is 50 yuan/day, the number of insured people is 5, the first three are Fujian J6 truck drivers, the latter two are general staff. One day in July
two years ago, Fujian J6 hung Fujian J1 car from Zhejiang to Fuding direction, passing through 104 National Road 2012KM + 900M when driving out of the road overturned, causing vehicle damage, cable, road damage and tree loss, the car Lin (holding B2 certificate) died on the spot, Li (holding A2 certificate) was injured and died after rescue, the traffic police determined: the driver should be fully responsible. When the accident occurred, Lin and Li were thrown out of the car at the same time, and they were all dead, who was driving could not be identified.
after the accident, the owner of the pool, and the family members of the insured were insured to three insurance companies. Due to differences between the two parties on insurance liability and compensation amount, they complained to the Fujian Provincial Insurance Industry Association and asked for mediation.
the Fujian Provincial Insurance Industry Association Adjustment Committee believes that the key is to clarify who is driving in this case. According to relevant regulations, the driver of the large trailer needs to hold an A2 driver's license. If Li is driving with an A2 license, the insurance company should pay 100%; if Lin is driving with a B2 license, the relevant exemption clause of the insurance company will take effect.
However, both drivers have died, and both parties to the insurance contract cannot provide evidence. In order to solve the problem, the "Adjustment Committee" proposed a mediation plan acceptable to both parties to the insurance contract.
1. Vehicle insurance part: the vehicle liability insurance, third party liability insurance, vehicle damage insurance according to the loss amount of 50% compensation;
2. Personal accident insurance part: holding A2 driver's license Li according to the insurance liability limit to pay 100%, holding B2 driver's license Lin according to the insurance liability limit to pay 50%.
After many times of communication and coordination, the insurance contract agreed to the above mediation plan, and signed the "Mediation Agreement", the insurance company in accordance with the agreement timely compensation.
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