Lacey/Kloc-A 0/5-year-old girl was involved in a car accident by riding a bicycle in reverse, and received a subpoena after three years of privacy. What is the reason?

To put it bluntly, this is the sorrow of not knowing the law. The car owner originally thought that after he took responsibility, he could directly claim the repair cost from the insurance company, so he did not pursue the girl's responsibility. As a result, the insurance company needs to identify the responsibility, identify the girl as the main responsibility and refuse to pay the claim. That's why this subpoena arrived three years later.

It happened three years ago, when a 15-year-old girl was riding an electric bicycle retrograde, a BMW came across. Due to the unavoidable collision, the BMW car hit the telephone pole and the body was seriously damaged.

After the incident, the girl's guardian, Ms. Wang, rushed to the scene of the accident and went to the local traffic police brigade together. As there were no casualties, Zhao Nvshi, the owner of the car, took the initiative to take full responsibility, saying that if the car was insured, he could seek compensation from the insurance company and not hold the little girl responsible. The two sides signed a pledge, and because they left in a hurry, neither side went to get the responsibility book.

Ms. Wang thought that this was the end of things. At one time, she was grateful to Zhao Nvshi, but she didn't want to receive a summons from the court in the past three years. The insurance company took the girl and her guardian, Ms. Wang, to court, demanding compensation for the loss of 35,000 yuan of BMW.

It turned out that the responsibility certificate issued at that time was to identify the little girl's retrograde fault, and the little girl should bear all the responsibilities. When Zhao Nvshi went to the insurance company to claim compensation, the other party refused to pay compensation on the grounds of the little girl's responsibility. In a rage, Zhao Nvshi took the insurance company to court, and finally won the case and got compensation? The insurance company lost the lawsuit and lost money. In a rage, the little girl and Ms. Wang were also brought to court.

The author's point of view:

In this accident, the insurance company sued the little girl after settling claims with the insurer, which was a normal exercise of subrogation. That is to say, if the law determines that the third party in the accident is liable for compensation, the insurance company can exercise the right to claim compensation from the third party instead of the insurer after making compensation on its behalf.

However, Zhao Nvshi, the owner of the car, was not advisable and handled the problem wrongly. Since this incident has been reported to the police and the police have issued a letter of responsibility, it should be claimed according to the division of responsibilities. Instead of going to the insurance company for something, the insurance company is not a good place. It cannot be said that regardless of the size of the accident, the responsibility belongs to the insurance company. This is not in line with legal procedures. The insurance company's compensation scope is only within its responsibility.