Input 2021.03.28 11:45
Restrictions on claims for repair costs by the perpetrator in case of 12 gross negligence accidents such as signal violation
In the future, if you have a drunk driving, unlicensed, hit-and-run accident, insurance will not be available. Insurance companies are now able to reimburse the offender for the full amount of insurance payments paid to the victim.
The Ministry of Land, Infrastructure and Transport announced on the 28th that it is promoting the improvement of the auto insurance system. First of all, in the case of a drunk driving, unlicensed, hit-and-run accident, the insurance company will promote the full amount of insurance paid to the victims to the perpetrator. It is a plan to significantly strengthen the’accident burden’ that insurance companies envision for perpetrators.
In the case of a drunk driving accident on the road near Eulwangri Beach in Jung-gu, Incheon in September last year, the motorcyclist who delivered chicken died and paid 270 million won in insurance, but the accident burden paid by Mr. A was only 3 million won.
Accordingly, the government increased the accident burden for drunk driving last year from 3 million won to 10 million won for an adult and from 1 million won to 5 million won for obligatory insurance.
However, in the future, the government decided to raise the limit of the amount that insurance companies can conceive in case of a drunk driving, unlicensed, hit-and-run accident, to’the total amount of insurance paid’. In other words, the perpetrator pays the full compensation.
An official from the Ministry of Land, Infrastructure and Transport said, “It is expected that traffic accidents can be suppressed in advance as the burden of economic responsibility for serious violations such as drinking and driving will be greatly strengthened.”
In addition,’drug/drug driving’ will be added to the target of the current accident burden. In September of last year, in Haeundae, Busan, after taking drugs, Mr. A, who was driving a car in a hallucination state, struck two cars and ran away at speed, causing a seven-fold cascade.
In order to compensate for the damages of the nine people injured in this accident, insurance money of about 810 million won was paid, but the injured driver did not pay a penny for the accident. With this accident, the Ministry of Land, Infrastructure and Transport decided to increase awareness by adding drugs and drug driving to the target of the accident burden.
In the event of 12 gross negligence accidents, a plan is also being promoted to limit the perpetrator’s claim for repair costs. Under the Special Act on Traffic Accident Handling, the 12 gross negligences are ▲ traffic violation ▲ central line violation ▲ speed violation ▲ passing violation ▲ crosswalk violation ▲ crosswalk violation ▲ unlicensed ▲ drinking ▲ sidewalk violation ▲ opening departure ▲ school zone violation ▲ cargo lock violation, etc.
In the meantime, in case of a car-to-car accident, the responsibility for material damage has been shared according to the negligence rate, but there is a problem that the victim has to compensate for the repair cost of the other vehicle even when the other party has made obvious negligence such as drunk driving. In particular, when the vehicle was a luxury vehicle, there were many unfair disputes, as there were cases where the victim had more compensation than the offender.
The Ministry of Land, Transport and Maritime Affairs is implementing measures to prevent the other party from claiming the cost of repairing the car of the perpetrator in case of an accident caused by 12 gross negligence. However, according to the Automobile Damage Compensation Guarantee Act, in the event of personal injury, medical expenses must be compensated in full without applying negligence offset.
Among these measures, the reinforcement of accident charges such as drunk driving and the addition of targets for the application of accident charges such as drugs are expected to be implemented in the second half of this year as early as the second half of this year. In addition, in the case of 12 major negligence accidents, it was decided to promote a proposal for amendment of related laws within the first half of this year to restrict the perpetrator’s claim for repair costs.