Financial Dispute Resolution Committee: Insurance Payment Required for Death Accident Caused by Dump Truck Reversing at Construction Site
[Asia Economy Reporter Changhwan Lee] The Financial Dispute Mediation Committee announced on the 12th that it has decided to pay insurance benefits for a fatal accident that occurred when a dump truck was reversing to load waste asphalt and other cargo at a construction site.
This dispute arose in connection with an accident in which a dump truck driver, while reversing to load cargo at a road paving construction site, struck and killed a safety manager who was guiding the passage of regular vehicles.
The driver reached a criminal settlement with the victim's family to reduce criminal punishment and then claimed insurance benefits from the casualty insurance company, but the insurer refused to pay.
According to the insurance policy, construction machinery is included within the scope of automobiles, but it is stipulated that compensation is not possible while it is being used as work machinery. Therefore, the key issue in the dispute was whether the dump truck involved in the accident was being used as work machinery at the time.
The committee judged that since the dump truck was not utilizing the cargo bed, such as loading waste asphalt, it could not be considered to have performed work functions.
Furthermore, the accident occurred while the dump truck was moving before starting the waste asphalt loading work, and the direct cause of the accident was due to movement rather than operation of the dump truck’s cargo bed. Therefore, it was deemed reasonable to view that the dump truck was performing only transportation functions at the time of the accident.
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The Financial Supervisory Service explained that the significance of this mediation committee decision lies in presenting a standard to specifically verify whether the dump truck was utilizing its unique work equipment at the time of the accident, even if the accident occurred within a construction site, to determine whether insurance benefits should be paid.
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