The incident of a car parked close to the railway tracks in Hanoi being hit by a train on June 5, 2024, has sparked much debate about insurance compensation. This article will analyze the situation of train vs truck parking and related insurance issues.
Train vs Truck Parking: Accident and Debate
The KIA car 30K – 200.xx parked near the tracks in alley 104 of Co Nhue Street was crushed by a train. The driver noticed the approaching train and tried to save the vehicle, but it was too late. This train vs truck parking incident raises questions about responsibility and insurance benefits. On social media, many conflicting opinions have been expressed. Some believe that insurance will cover 100%, while others argue that the driver violated traffic laws and is therefore not entitled to compensation.
Wreckage of the car after being hit by the train for parking too close to the railway.
Insurance Regulations and Exclusion Cases
Lawyer Diep Nang Binh stated that, according to Decree 67/2023/ND-CP, insurance does not cover cases such as: intentional acts causing damage, hit-and-run driving, unqualified drivers, indirect damages, damages caused by drunk or drug-using drivers, theft, damages to special assets, and damages caused by war, terrorism, or earthquakes. So, in this case of train vs truck parking, will insurance pay?
Analysis of Responsibility and Compensation Possibility
According to Lawyer Binh, it is necessary to consider whether the driver intentionally caused the accident. In this case, it is possible that the driver was negligent due to lack of observation or overconfidence.
The car driver trying to save the vehicle as the train approaches.
Further verification is needed regarding factors such as: whether the driver has a driver’s license, insurance, and whether they were using stimulants. If qualified, the car owner may be entitled to civil liability insurance compensation. However, car body insurance is voluntary, and compensation depends on the agreement in the contract.
Handling Violations of Parking Near Railway Tracks
Parking within the railway safety zone is a violation of the law. According to Decree 100/2019/ND-CP, drivers can be fined 10-12 million VND and have their driving license revoked for 2-4 months. In serious cases, they may be criminally prosecuted under Article 260 of the 2015 Penal Code (amended in 2017) with a penalty of up to 15 years in prison and a ban from holding office.
In conclusion, train vs truck parking near railway tracks is a dangerous and illegal act. The possibility of receiving insurance compensation depends on many factors and needs to be specifically considered. Drivers need to comply with traffic laws to ensure safety and avoid unfortunate risks.
