Yang and an insurance Co., Ltd. and Meng Mou motor vehicle traffic accident liability dispute case

[Case classification] : traffic accident dispute

[Commissioned time] : July 2017

【 Brief introduction 】

On March 15, 2017, the defendant was driving a small car and collided with Wu, an outsider on foot, causing Wu to be injured. After the traffic police department determined that the defendant bore full responsibility for the accident, the plaintiff and the case outsiders Wu Mou have no responsibility. At the time of the incident, Wu was pregnant for eight months, after the accident, Wu was sent to the hospital, diagnosed by the hospital as threatened premature labor, during which the hospital used drugs to protect the fetus, but on March 20, 2017, Wu was still premature, the plaintiff was born only 33 weeks and 3 days pregnant, weighing only 1815 grams, for premature infants, low birth weight children and suffering from XXX disease. Wu was born prematurely due to this accident, which caused the plaintiff to be born in advance when his body was not fully developed, which caused great hidden dangers to the plaintiff's health after that, and the plaintiff suffered from XXX disease. Because the original and the defendant failed to reach an agreement on the matter of compensation, the plaintiff appealed to this court. The loss claimed by the plaintiff is RMB 14,342.23 for medical expenses (the same in the following currencies) and RMB 6,000 for legal fees. The aforesaid loss requires the defendant's insurance company to bear the compensation liability within the scope and limit of the compulsory motor vehicle traffic accident liability insurance and commercial third party liability insurance, and the excess part shall be borne by the defendant.

【 Lawyer analysis 】

If an injury is caused by an infringement upon a citizen's body, compensation shall be made for medical expenses and other expenses. After the accident, the traffic police department has made responsibility for the accident, the defendant bears all the responsibility for the accident, the plaintiff has no responsibility, so the defendant insurance company as the insurer of the vehicle should first pay within the remaining liability limit of compulsory traffic insurance; The insufficient part shall be paid within the scope of the remaining commercial risks; If there is still insufficient, the defendant shall make compensation.

In this case, regarding the medical expenses claimed by the plaintiff, the amount claimed by the plaintiff is indeed a reasonable expense incurred by the plaintiff for treatment after the accident, and there are relevant medical records, so compensation should be given.

【 Verdict 】

After lawyer Xue Tianhong and his colleagues, the court finally supported the plaintiff's claim and ordered the defendant and his insurance company to compensate the plaintiff for certain medical expenses.