This morning, I heard that the old man who caused the Three Gorges accident had passed away. The first two things that came to my mind were:
1. If the family chooses to abandon the inheritance, they can be completely exempted from legal liability for compensating the victims of the car accident.
2. If the old man had purchased some insurance with designated beneficiaries during his lifetime, then these insurance benefits will not be affected by the estate repayment responsibility, and the family can still legally claim the benefits. This also means that the victims' families can only claim the following two options:
1. Apply for compulsory insurance claim from the insurance company as soon as possible.
However, compulsory insurance can only compensate for personal injury or death of a third party (victim), but cannot compensate for property damage (such as vehicle damage).
2. I hope the elderly man who caused the accident has purchased "third party liability insurance".
However, judging from media footage and the condition of the vehicle, the old man did not seem to be driving an expensive car, and it remains unknown whether third-party liability insurance or even excess liability insurance is insured.
If there is no insurance, the amount of compensation that the victim can apply for will be very limited.
According to Article 1148 of the Civil Code (limited liability for general inheritance):
1. From the beginning of inheritance, the heir shall assume all rights and obligations of the deceased's property, unless otherwise provided for in this Law. However, this does not apply if the rights and obligations belong exclusively to the deceased.
2. The heirs shall be liable for paying off the debts of the deceased to the extent of the estate received through inheritance.
If the heirs choose to abandon the inheritance, they will not be responsible for any debts of the deceased, including liability for compensation caused by the car accident.
In other words, even if the court rules that liability for the accident is established, if the heirs abandon all inheritances, the victims' families will not be able to jointly request compensation from them.
At present, there are too many people who have been injured to varying degrees due to personal accidents. The amount of compensation must be considerable, and it will exceed 100 million yuan at any cost.
Therefore, abandoning the inheritance is definitely the best option for the old man's family at the moment. After all, if they don't abandon the inheritance, they will be overwhelmed by the public opinion of many people who do not understand the law. They will only think that if you have inherited the inheritance, you should pay money until you die, and even the emotional value should be inherited as well.
For the family, the safest way is to abandon everything, unless they suddenly discover that the old man was actually a billionaire when he was alive.
An old man died in the Three Gorges accident. What should the victim’s family do?
This morning, I heard that the old man who caused the Three Gorges accident had passed away. The first two things that came to my mind were:
1. If the family chooses to abandon the inheritance, they can be completely exempted from legal liability for compensating the victims of the car accident.
2. If the old man had purchased some insurance with designated beneficiaries during his lifetime, then these insurance benefits will not be affected by the estate repayment liability, and the family can still legally receive the compensation.
This also means that the victims' families can only claim for the following two options:
1. Apply for compulsory insurance claim from the insurance company as soon as possible.
According to the Compulsory Automobile Liability Insurance Law, the upper limit of the claim for compulsory insurance is as follows:
Maximum limit per person and per accident
2 million deaths calculated based on the number of people (each person will be compensated separately)
Physical injury/disability, up to 2 million (calculated according to level)
Medical expenses up to 200,000 per person
However, compulsory insurance can only compensate for personal injury or death of a third party (victim), but cannot compensate for property damage (such as vehicle damage).
2. I hope the elderly man who caused the accident has purchased "third party liability insurance".
Third party liability insurance can pay for: casualties (personal injury liability), financial damage (property damage liability), and legal fees (depending on the content of the insurance policy).
Common insurance coverage categories and claim limits
Liability for bodily injury/death (per person) 1 million to 3 million
Bodily injury/death liability (per accident) 10 million to unlimited (depending on the policy)
Liability for property damage ranges from RMB 200,000 to RMB 1 million
Excess liability insurance: after the deductible, additional coverage of NT$10 million to NT$100 million is available
However, judging from media footage and the condition of the vehicle, the old man did not seem to be driving an expensive car, and it remains unknown whether third-party liability insurance or even excess liability insurance is insured.
If there is no insurance, the amount of compensation that the victim can apply for will be very limited.
According to Article 1148 of the Civil Code (limited liability for general inheritance): if the heirs choose to abandon the inheritance, they will not be required to bear any debts of the deceased, including liability for compensation caused by the car accident.
In other words, even if the court rules that liability for the accident is established, if the heirs abandon all inheritance, the victims' families will not be able to request compensation from them.
At present, there are too many people who have been injured to varying degrees due to personal accidents. The amount of compensation must be considerable, and it will exceed 100 million yuan at any cost.
Therefore, abandoning the inheritance is definitely the best option for the old man’s family at the moment, unless it is suddenly discovered that the old man was actually a billionaire during his lifetime.
The last and most important point is that "an insurance policy is not equal to an inheritance", which is the key to insurance tax savings and liability separation.
Many people may not know that, in fact, if you purchase life insurance, accident insurance, investment insurance, etc. during your lifetime and specify someone other than yourself as the beneficiary, then these policies:
1. It will not be included in the estate
2. It will not be used by the court to pay off debts
3. Even if the heir abandons the inheritance, he can still legally receive it
According to Article 112 of the Insurance Law: "If the insurance amount is agreed to be paid to the beneficiary designated by the insured upon his death, the amount shall not be included in the insured's estate."
In other words, the beneficiary of the insurance money will not lose his or her right to claim the insurance money just because his or her family abandons the inheritance.
But there is only one loophole here, that is, the old man fills in himself as the beneficiary of the insurance policy, or the original designated beneficiary has already died but the policy has not been changed.
Since the insurance money cannot be paid to the deceased, it will be considered as having no designated beneficiary. According to Article 112 of the Insurance Law: "If no beneficiary is designated, the insurance money will be considered as inheritance."
Only in this case can the insurance money be included in the estate by the court and used to pay off creditors, including the victim's family.
What should the victims’ families do next?
1. Apply for compulsory insurance claim as soon as possible (must have medical report/death certificate, etc.)
2. Find out whether the perpetrator has third-party liability insurance and its insurance company
3. If necessary, apply to the court for an estate administrator to handle the insurance policies and property that can be repaid in the estate
4. File a civil lawsuit in court for damages (if there is still an estate to be divided)
Many car users do not purchase third-party liability insurance in order to save money. However, this tragic social case once again highlights the importance of third-party liability insurance and policy planning, and it is truly the most valuable textbook.
If the policyholder makes proper plans before death, not only can he ensure the safety of his family, but otherwise, the victims may have no way to seek compensation.
This case tells us some important key principles:
Insurance money ≠ inheritance (if there is a designated beneficiary)
Abandoning inheritance ≠ giving up insurance claims rights
No designated beneficiary = considered as inheritance and can be used to pay off debts
Third Party Liability Insurance = Protecting others is also protecting yourself and your family
Third party liability insurance is used to make up for the shortfall of compulsory insurance.
Do you think that if you buy third-party liability insurance for 10 million yuan to protect one person, will the premium be very expensive?
If you are not too old and have no accident record, the annual premium is only about 3,000 yuan.
But most people are reluctant to spend such a small premium, and would rather spend tens of thousands of yuan just to buy car insurance?
Even if the car was stolen or damaged today, considering it is a normal personal car, the loss would be about 1 million, and the sadness would only last for three to five years.
But if an accident happens today and someone is disabled or killed, it may be a lifelong pain for you.
There is also excess liability insurance. If you have already purchased third-party liability insurance, it only costs a few hundred dollars to purchase an additional 10 million excess. This can be used to avoid spending the rest of your life on claims when you accidentally hit a luxury car, and your life will be turned upside down.
If you have any questions about your insurance policy, need help with a health check, or hope someone can help you with asset planning, please help me first. Fill out the questionnaire, and then reply one by one according to each person's needs.
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