When we ask the insurance company for 'settlement compensation', guidance on '100 million limit'
I agreed with the victim...Insurer sues late
"Before the Litigation" with the insurance company...Court judges 65% customer liability
The insurance company agreed with the victim of the traffic accident because they said compensation could be up to 100 million won, but if 10 million won was the limit, whose fault should it be considered?
The insurance company has entered a lawsuit with the customer over 90 million won paid over the limit.
Reporter Kwon Jun-su covered how the court judged it.
[Reporter]
Mr. A, in his 50s, caused a pedestrian accident on a crosswalk without traffic lights while driving in July last year.
Mr. A has insurance that he has signed up for, so he asked for compensation through his planner.
The victim was seriously injured, with eight weeks to recover, and A agreed when the insurance company informed him that it would be up to 100 million won as a settlement.
However, when the insurance company belatedly checked it two months later, the limit of the crosswalk accident was 10 million won, and it announced a lawsuit against A.
[Mr. A / Hyundai Marine Insurance policyholder: They will file a lawsuit to take back 90 million won because they made a mistake and 100 million won was paid.... I don't understand that I made a mistake.]
From the beginning, Mr. A claimed compensation for a crosswalk traffic accident and argued with the planner, but the insurance company only responded that it had no choice.
[Hyundai Marine Insurance Company employee: (I heard it's right to pay 100 million won after checking the compensation.) I don't deny that it's been handled incorrectly, but we can't help but take action after that....]
When the insurance company filed a lawsuit against A for the return of unfair gains, A filed a lawsuit for damages against the insurance company, and the court decided that the insurance company should be responsible for 35% and the customer 65% of the 90 million won paid excessively.
The court said the insurance company was at fault, such as misinformed the amount of the criminal agreement, but explained that subscriber A should have grasped the compensation limit as much as possible as a party to the accident.
[Kang Ji-Sik / Lawyer (Former Financial Supervisory Service sanctions reviewer)] What A did wrong was that he did not understand the terms and conditions and gave too much settlement money. It's like this.... Since there is a criminal issue, (the insurance company) said it would be worth 100 million won, but it's better to pay at least 100 million won and agree on it quickly.]
Mr. A appealed against the first trial's ruling, saying, "Does it make sense that the customer is more responsible than the insurance company that misinformed the limit?"
The court said that it is highly likely that this happened because A was not familiar with the insurance contents as a general public, but added that he should have tried to reach an appropriate amount in the settlement process.
I'm YTN Kwon Junsu.
Photographer: Choi Sung-hoon Wang Xion
Design: Im Saetbyul
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