Case analysis of travel agency compensation insurance

On July 27th, 2002, a 12-person tour group organized by a travel agency in Yantai, organized by a Beijing company, a Beijing company and a Beijing company cits joint, returned to Yantai from west to east by a medium-sized bus rented by the travel agency after visiting Penglai Pavilion. 18:08 14, when the garage reached the intersection of Fangli Village, Dajijia, Penglai City, 34km+258m from Yanshan Road, a Jinlong bus rented by a travel agency in Penglai was hit head-on, and the bus picked up a 33-person Tianjin tour group. After that, Jinlong bus drove into the left side of the road, and crashed two Shaanxi people waiting on the south side of the road into Lunan ditch, then hit a tree and stopped. After the medium-sized bus was hit, it collided with a mini bread taxi waiting for passengers on the south side of the road, resulting in the death of six Beijing tourists on the medium-sized bus, 1 person was seriously injured, four other tourists and two passengers waiting at the roadside were injured, and three cars were damaged.

After receiving the accident report, Yantai Tourism Emergency Rescue Center reported to the higher authorities according to the procedure, and sent personnel to the scene to coordinate the aftermath of the accident. The mayors in charge of Yantai City and Penglai City, the leaders of safety supervision, public security, tourism and other departments, and the relevant personnel of medical rescue all rushed to the scene to organize and carry out rescue at the first time.

After investigation and investigation by the traffic police departments at Penglai and Yantai levels, it was found that the driver of Jinlong Bus, a travel agency in Tai 'an City, took improper measures to drive into the left side of the road, violating the relevant provisions of the Regulations on Road Traffic Management, causing an accident and taking full responsibility for the accident. The public security organ criminally detained the driver of Jinlong bus in a travel agency in Tai 'an that night. After that, with the approval of the procuratorate, the procuratorate filed a public prosecution with the people's court. After hearing the case, the people's court made a judgment of criminal incidental civil compensation to the driver who caused the accident according to law.

In order to deal with the aftermath of this serious traffic accident, at the invitation of Shandong and Yantai Tourism Quality Supervision Offices, the general managers of four and six travel agencies involved, five insurance companies that underwrite the travel agency liability insurance of two major insurance companies (PICC and CPIC) and Shandong PICC sent personnel to Penglai to discuss compensation matters.

Insurance companies believe that this accident is a traffic accident, and the victims should be paid according to the relevant provisions of vehicle insurance, which should not be included in the scope of travel agency responsibility, so they do not agree to pay according to travel agency liability insurance.

The tourism department believes that vehicle insurance and travel agency liability insurance are two different types of insurance, and claims cannot be replaced by each other. The reason why the accident should be paid according to the travel agency liability insurance is because:

(1) Although the accident is a traffic accident, according to the provisions of the Travel Agency Liability Insurance, the accident occurred in the tourism business activities during the signing of the travel contract between the travel agency and the tourists, causing personal and property damage to the tourists, and the travel agency should bear the responsibility.

(2) According to the travel agency liability insurance clauses provided by the insurance company, the travel agency failed to fully remind, inform and warn tourists of travel safety in advance, and did not foresee or remind tourists that traffic accidents would occur during the journey; And tourists are required to take effective preventive measures against possible travel accidents, so travel agencies are negligent or negligent.

(III) The specific compensation items in the Standard for Handling Compensation of Travel Agency Liability Insurance of People's Insurance Company of China clearly stipulate that accidental injuries, such as falls, cliffs, car accidents, acute diseases or food poisoning, caused by the negligence or negligence of the insured during the travel process belong to the compensation scope of travel agency liability insurance.

After many heated discussions and consultations, although the tourism department and the insurance company have reached an understanding in some aspects, PICC and CPIC still have differences in understanding on how to pay, who pays first and the proportion of payment.

After Shandong People's Insurance Company asked China People's Insurance Company for instructions, People's Insurance Company gave a clear answer to the claim of this case: this case was paid by the travel agency liability insurance. The way and proportion of compensation are as follows: the insurance company insured by the travel agency pays the victim first according to the insured amount; After the payment, the travel society issues a letter of transfer of rights and interests to the insurance company it underwrites; An insurance company underwritten by a travel agency underwrites the agency by way of equity transfer, and negotiates claims and prosecutions according to the proportion of responsibilities that the travel agency and the agency should bear in the accident. If the compensation ratio cannot be negotiated, it shall be settled by the head office through coordination.

At this point, the People's Insurance Company of China was able to settle claims in this case, while the Pacific Insurance Company said that it would pay compensation for accommodation in this case according to the compensation principle of the People's Insurance Company of China for travel agency liability insurance. Coordinated by Beijing Tourism Quality Supervision Institute, the travel agency insured the insurance company to pay 6.5438+0.5 million yuan to each deceased in this accident according to the insurance amount of the travel agency, and the injured also paid compensation according to relevant regulations. The survey on the proportion of claims between insurance companies insured by travel agencies and land agencies has also been carried out smoothly.

In this case, the victim who insured the travel accident insurance also paid compensation in the life insurance company according to the relevant insurance regulations.

After nearly a year's coordination between the tourism department and the insurance company, the compensation for travel agency liability insurance in this case has finally been satisfactorily resolved.