Wu and an insurance Co., LTD., Meng Mou motor vehicle traffic accident liability dispute

[Case classification] : traffic accident dispute

[Commissioned time] : July 2017

【 Brief introduction 】

On March 15, 2017, the defendant was driving a small car registered in his name when he collided with the plaintiff on foot, causing the plaintiff to be injured, Yuan told the court. At the time of the incident, the plaintiff took leave to rest at home because she was eight months pregnant. After the traffic police department determined that the defendant bear full responsibility for the accident, the plaintiff has no responsibility. The accident caused the plaintiff to give birth prematurely, and therefore claims losses: Medical expenses (the same in the following currencies) : 25,161.34 yuan (excluding food expenses of 172 yuan during hospitalization), 270 yuan (30 yuan/day ×9 days), 3,000 yuan (50 yuan/day ×60 days), 17,483 yuan (50 yuan/day ×60 days), and 14,48 yuan (50 yuan/day ×60 days) RMB 3), RMB 19,200 for lost work (RMB 4,800 / month × April), RMB 115,384 for disability compensation (RMB 57,692 ×20 years ×10%), RMB 10,000 for mental support, RMB 688 for transportation, RMB 4,250 for identification, RMB 6,000 for legal fees, The above losses require the defendant's insurance company to bear the compensation liability within the scope and limit of the motor vehicle traffic accident liability compulsory insurance (hereinafter referred to as "traffic force insurance") and commercial third party liability insurance (hereinafter referred to as "commercial three insurance"), and the excess part shall be borne by the defendant. Because the original and the defendant failed to reach an agreement on the matter of compensation, the plaintiff appealed to this court.

【 Lawyer analysis 】

If a perpetrator infringes upon the civil rights and interests of another person through his fault, he shall bear tort liability. Where personal injury is caused to another person, compensation shall be made for medical expenses, nursing expenses, transportation expenses and other reasonable expenses incurred for treatment and rehabilitation, as well as income reduced due to absence from work. In case of damage caused by a traffic accident involving a motor vehicle insured by both compulsory traffic insurance and commercial insurance, the insurance company underwriting compulsory traffic insurance shall first pay compensation within the limit of liability; The insufficient part shall be compensated by the insurance company that underwrites the three commercial risks in accordance with the insurance contract. Where there are still deficiencies, compensation shall be made by the infringer in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law. After the incident, the traffic police department has made responsibility for the accident, the defendant bears full responsibility for the accident, the plaintiff has no responsibility. Therefore, the loss of the plaintiff shall be compensated by the insurance company insured by the motor vehicle driven by the defendant within the limit of liability of the compulsory traffic insurance; For the insufficient part, according to the proportion of liability, the insurance company shall bear the liability for compensation within the scope of commercial insurance in accordance with the contract. The actual infringer shall bear the liability for the part that is insufficient and beyond the scope of insurance claims.

【 Verdict 】

After lawyer Xue Tianhong and his colleagues acted as agents, the court finally supported the plaintiff's claim and ordered the defendant's insurance company to compensate the plaintiff for medical expenses, nutrition expenses, nursing expenses, transportation expenses, disability compensation, mental damage compensation, hospital food compensation, appraisal fees, and the defendant to compensate the plaintiff for medical expenses, nutrition expenses, nursing expenses, transportation expenses, disability compensation, attorney's fees, and appraisal fees.