Vehicle damage defense summary, how to write a defense? Here is and I bring the vehicle damage defense summary, welcome to read!
Vehicle loss defense summary 1
The defense
(2014) Sui X law people a word No. XX
Respondent: Lv XX, male, Han ethnicity, XX year XX month XX born, address: XX Guangzhou XX district XX.
Resident identity card number: XX.
Respondent: Liang XX, male, Han nationality, XX years XX month XX born, address: Guangzhou City XX District.
Resident Identity Card Number: XX.
Legal Representative: Liang XX, male, Han nationality, born on XX, XX, XX, XX, address: XX District, Guangzhou City.
Resident Identity Card Number: XX.
Respondent Liang XX v. Respondent Lv XX Motor Vehicle Traffic Accident Liability Dispute, Respondent hereby responds to the litigation requests and facts of the case raised by Respondent as follows:
I. Respondent's case in Ping An of China Property & Casualty Insurance Company Limited, XX Branch, Guangzhou City (hereinafter referred to as ? Ping An Insurance Company?) (hereinafter referred to as the ? Compulsory traffic accident liability insurance (hereinafter referred to as "compulsory traffic insurance") and commercial insurance, Ping An Insurance Company shall bear the liability in accordance with the contract.
Among them, the compensation limit of compulsory insurance should be prioritized to bear the compensation for mental comfort.
On March 28, 2012, the respondent took out motor vehicle compulsory and commercial insurance with Ping An Insurance Company for the truck owned by the respondent, Guangdong A-XX.
The respondent has paid the insurance premium in full as agreed in the insurance contract.
The accident occurred during the insurance period, which is an insurance accident, and no insurance contract agreement on the emergence of exemptions, Ping An Insurance Company should be liable for compensation according to the contract.
Second, the respondent bears the secondary responsibility for the traffic accident, and should bear 20% of the total loss accordingly.
In addition, the respondent has paid to the respondent medical expenses of RMB 88,000 (capital: 88,000 yuan), and requested the People's Court to confirm and deduct it according to the law.
Guangzhou Municipal Public Security Bureau Traffic Police detachment Huadu brigade according to the law of the traffic accident made No.: Sui bus Hua recognized word [2013] 4401140201300039 "road traffic accident certificate", that the respondent Liang Jiezhao bear the secondary responsibility of the accident.
Therefore, for the part of the loss that exceeds the compensation limit of compulsory traffic insurance should be borne by its own 20%, the respondent only need to bear 80% of the compensation.
After the accident, the respondent paid 88,000 RMB in two installments to the respondent for medical expenses***.
However, the respondent did not mention it in the List of Loss Calculations, much less make any effective deductions.
Fourth, some of the respondent's claims could not be established, and the respondent requested the People's Court to find out and make a reasonable judgment in accordance with the law.
I. The medical expenses claimed by the respondent were wrongly calculated.
The invoice number XX submitted by the respondent has no relevance to this case and should not be recognized as a loss in this traffic accident.
The follow-up treatment costs claimed by the second respondent were not actually incurred, and the appraisal made by the Judicial Appraisal Opinion issued by Sun Yat-sen University Forensic Medical Appraisal Center was calculated in accordance with the highest standard, and the amount was obviously too high.
The respondent should claim for the follow-up treatment fee in a separate case after the actual occurrence.
The nursing fee and escort service fee claimed by the respondent are duplicated, and the respondent only agreed to pay the escort service fee **** RMB 1,880 yuan with formal invoice.
The fourth respondent was hospitalized for 187 days, so the hospital meal allowance should be RMB 9,350 (RMB 50/day * 187 days).
V The amount of nutritional expenses claimed by the respondent is too high, and the respondent believes that the maximum compensation for nutritional expenses is RMB 300.
Six respondents claimed disability compensation calculation standard error, should be in accordance with the rural households in Guangdong Province in 2013 rural residents per capita net income of RMB 10,542.84 yuan/year standard calculation of disability compensation for 10,542.84 yuan/year * 20 years * (40% + 2% +1%) = 90,668.42 yuan.
VII Respondent claimed that the amount of moral consolation is too high.
The respondent's injuries were identified as Grade 7 disability, Grade 9 disability, Grade 10 disability, and there is fault in this traffic accident, according to the judicial practice and the local average standard of living, the respondent believes that the maximum amount of compensation for moral consolation is RMB 17,500.
Eight respondents did not provide the corresponding official bills to prove the generation of transportation costs, the respondent does not agree to pay the transportation costs it claimed.
ix The respondent did not consider it necessary to identify the follow-up treatment costs, and therefore did not agree to pay the corresponding appraisal costs incurred by the respondent due to the identification of follow-up treatment costs.
The losses caused by the respondent's misuse of the appraisal process should be borne by him.
Comprehensive above defense, hope that the people's court to be fully considered and adopted, and I implore the people's court in accordance with the facts of the case and the relevant provisions of the law to make a fair and just judgment, in order to safeguard the legitimate rights and interests of the respondent.
Hereby
Guangzhou XX District People's Court
Respondent:
2014 XX month XX
Summary of Vehicle Loss Reply 2
Reply
Respondent China Life Property Insurance Co. Branch Company (hereinafter referred to as the insurance company), domiciled in Putian City, Licheng District, No. 358 East Dongshen Road, 6th floor of the postal building.
Responsible person, general manager.
Commission agent Li Deli, Fujian Juhua Law Firm.
Respondent on the plaintiff told the respondent and other motor vehicle traffic accident liability disputes, reply as follows:
First, the plaintiff sued has exceeded the one-year statute of limitations period, and requested the court to reject the plaintiff's litigation request according to law.
The main reasons are as follows: the plaintiff was in a traffic accident on the day of the month, on the day of the month of the year, the end of the treatment and discharge, but it was in the month of 2014 to the court to sue for compensation, obviously more than the general principles of civil law for compensation for bodily injuries to the one-year statute of limitations period, so the court rejected the plaintiff's request.
Second, take a step back, even if the court ultimately found that the defendant insurance company should bear the responsibility of compensation, then the defendant two, defendant three, defendant four should provide the vehicle Min car license, the driver's license, in order to confirm that the vehicle in the accident occurred in the accident, with the conditions of driving on the road as well as the driver's license to drive in line with the insurance company does not bear the responsibility of compensation.
In addition, defendant two, defendant three, defendant four should also provide a complete insurance policy, otherwise the insurance company is not liable.
Third, in the defendant two, defendant three, defendant four in accordance with the law to provide the above legal, valid documents and confirmed in the case of the respondent, for the plaintiff's reasonable economic losses, the insurance company according to law in the compulsory insurance compensation limit to bear the responsibility for compensation.
For the commercial insurance part, because the defendant four in the accident is responsible for secondary, so more than the compulsory insurance part of the respondent only according to the insurance contract agreed to bear 30% of the compensation responsibility.
In addition, this case, in addition to the plaintiff, but also caused the car driver Chen traffic insurance and commercial insurance compensation limit should be reserved for the corresponding share to the outsiders Fourth, the plaintiff is a village resident, the compensation program should be calculated in accordance with the standards of rural residents.
Fifth, the plaintiff's claim for compensation for the project and the amount, partly inaccurate, partly unsubstantiated, unreasonable part of the court shall be dismissed according to law.
1. Medical expenses: (1) should be based on the official medical bills, and combined with the relevant list of expenses, outpatient and hospitalization records to be determined, excluding the cost of damage caused by the accident; (2) in accordance with the contract, the medical expenses of non-medical expenses do not belong to the scope of the insurance company's claims, the non-medical part of the cost of the appraisal of the 9557.89 yuan, the non-medical expenses of 9557.89 yuan should be awarded. 9557.89 yuan should be deducted.
2. Lost wages: (1) the plaintiff did not provide evidence to prove the actual loss of lost wages and the industry, so the lost wages should be calculated in accordance with the standard of 88.74 yuan / day; (2) the plaintiff could not prove that his continuous loss of work, the total number of days of lost wages of 411 days is obviously too high, according to the actual number of days of hospitalization should be calculated in accordance with the plaintiff's loss of lost wages.
3. Nursing care: the claim is high, should be calculated in accordance with the standard of 88.74 yuan / day, the number of days of care for the plaintiff's actual hospitalization.
4. Transportation costs: did not provide any transportation tickets, the claim is unfounded, should not be supported.
5. Hospital meal allowance: should be calculated in accordance with the standard of 10 yuan / day, based on the actual number of days the plaintiff was hospitalized.
6 nutrition: the amount claimed is obviously high, it should be low according to law.
7 appraisal fee: according to the insurance terms and conditions of the agreement, appraisal fee does not belong to the insurance company's claims, and which 58 of the receipts are not official documents, should be removed, so the appraisal fee should not be borne by the insurance company.
8. Disability compensation: the calculation is wrong, the plaintiff is a rural resident, the compensation standard should be calculated in accordance with the standard of 11184.2 yuan / year.
9. Dependent living expenses: there is no evidence to show that the plaintiff is incapable of labor, the claim that the cost of the lack of legal basis; step back, the calculation is wrong, even if the court supports the plaintiff's claim, should be calculated in accordance with the standard of 8151.2 yuan / year.
10. Mental injury consolation money: the plaintiff in the case of Min B62928 car driver Chen Jinhui know that drinking and driving, driving the vehicle, there is a greater fault of their own, the amount of the claim is obviously high, the court discretionary low determination.
In summary, the respondent believes that the plaintiff has exceeded the one-year statute of limitations period, the court rejected the plaintiff's claim.
One step back, the plaintiff's claim for compensation for the project and the amount, partly inaccurate, partly unsupported, please the court rejected according to law.
The above defense, please give full consideration to the adoption of the hope.
Respondent: China Life Property and Casualty Insurance Company Limited Putian City Center Branch Company
February 14, 2014
Vehicle Loss Reply Summary 3
Respondent: ? , male, Han nationality, ? Year ? month? Born on the day of
Place of residence: ?
The respondent is in dispute with the plaintiff ? Motor vehicle traffic accident liability disputes, Shanghai? District People's Court has been accepted and served a copy of the lawsuit to the respondent, is now for its "indictment" in the request and the facts and reasons described in the following defense.
First, the plaintiff's father drove the license plate number ?
(a) The plaintiff's father drove a fuel-assisted vehicle does not meet the technical requirements of assisted bicycles, should be a motor vehicle.
According to the "Shanghai Interim Provisions on the Management of Assisted Bicycles", Article 4? Assisted bicycle must meet the following main technical requirements: (a) gasoline engine working volume does not exceed 36 cubic centimeters; (b) the maximum design speed does not exceed 24 kilometers when the incident, the plaintiff's father drove the vehicle speed as high as 29 kilometers / hour, far more than the above maximum design speed of 24 kilometers of the technical requirements, does not comply with the standard of assisted vehicles; In addition, the plaintiff's father drove the vehicle engine working volume does not exceed 36 centimeters. Vehicle engine working volume is more than 36 legislative centimeters, the facts are not known, request the court according to law to entrust the relevant departments for identification, in order to further determine whether the vehicle is a non-motorized vehicle.
(b) The plaintiff's father was seriously at fault and should bear full responsibility for the accident.
1, the plaintiff's father did not wear a helmet speeding, and red lights, there is serious fault.
The incident, the plaintiff's father did not wear a helmet driving, is the tragedy occurred. Direct cause.
Vehicles through the intersection, the motorist should be slowed down, the plaintiff's father not only did not slow down, but also tried to high-speed through, which is also an important cause of the accident.
In addition, the plaintiff's father knew that the red light ahead, still driving at high speed through, let the accident happen, subjective obviously intentional, the plaintiff's father above all the behavior are serious fault, should bear the full responsibility of the accident.
2, the plaintiff's father did not carry a license and operator's license, not according to the prescribed route driving.
According to the "Shanghai Interim Provisions on the Management of Assisted Bicycles," Article 19 of the Interim Provisions, the plaintiff's father did not carry a license and operator's license. Drivers of motorized bicycles, must comply with the following provisions: (a) driving with a license and operator's license; (b) not allowed to drive in the motorway; (c) not allowed to drive safety equipment is incomplete or safety equipment failure of motorized bicycles; (d) not allowed to enter the motor vehicle-only road
The incident, the plaintiff's father did not carry a license and operator's license, there is a fault, and, the plaintiff's father drove into the motorway without authorization. Plaintiff's father drove into the motor vehicle without authorization, traffic safety awareness is weak, is also the main cause of the accident.
(c) the respondent to comply with traffic regulations, without any fault, should not bear any responsibility.
According to the "Chinese people*** and the State Road Traffic Safety Law Enforcement Regulations" Article 38? Motor vehicle signals and non-motorized signals indicate: ? (ii) yellow light, has crossed the stop line of the vehicle can continue to pass the incident process, the yellow light, the vehicle driven by the respondent has crossed the stop line, is to continue to pass, which can be set from the vehicle driven by the respondent within the video camera recorded video to be determined, of course, the court can also be to the relevant traffic management department to retrieve the intersection of the CCTV video to further find out the truth.
At the same time, the respondent drove through the intersection, there is a big truck in the left turn to be turned, blocking the line of sight of the respondent, the plaintiff's father at this time from the big truck in front of the red light high-speed through, so that the respondent did not expect, purely accidental, which led to the accident, the accident, the respondent immediately after the incident to stop, to take the necessary measures to take, the plaintiff's father to actively rescue.
From the above series of behavior of the respondent, the respondent in the process of passing through the intersection, without any fault.
And according to the Chinese people *** and the State Road Traffic Safety Law, Article 76? Motor vehicle traffic accidents causing personal injury or death, property damage, by the insurance company in the motor vehicle third-party liability compulsory insurance liability limits to be compensated.
More than the liability limit of the part, in accordance with the following ways to bear the responsibility for compensation: (a) between the motor vehicle traffic accidents, by the party at fault to assume responsibility; both parties are at fault, according to the proportion of their respective faults to share the responsibility.
(b) motor vehicles and non-motorized drivers, pedestrians, traffic accidents occur between the motor vehicle party responsible; however, there is evidence that non-motorized drivers, pedestrians violate road safety laws and regulations, motor vehicle drivers have taken the necessary measures to reduce the motor vehicle's responsibility
In the case of the plaintiff's father, the vehicle is a motorized vehicle, should be the fault of the party responsible for the accident.
In this case, the plaintiff's father drove the vehicle is a motor vehicle, the party at fault should be held responsible, the plaintiff's father is at fault, the respondent is not at fault, the plaintiff's father should be held responsible.
A step back, even if the plaintiff's father driving a non-motorized vehicle, but the plaintiff's father in violation of road safety laws and regulations, not wearing a helmet, red lights, high speed, and the respondent driving a normal motor vehicle, the incident, has taken the necessary measures to deal with, but also to reduce the respondent's responsibility.
Second, the plaintiff claimed death compensation and other costs compensation standard is not true, the respondent does not recognize; respondent has been simultaneously insured motor vehicle third-party liability compulsory insurance and third-party liability commercial insurance, the court should be resolved together to compensate for the problem.
(a) The death compensation claimed by the plaintiff should be calculated according to rural standards.
According to the "Supreme People's Court on the trial of personal injury compensation cases on the application of law on a number of issues of interpretation" (hereinafter referred to as the judicial interpretation) Article 29? Death compensation in accordance with the location of the court under appeal in the previous year per capita disposable income of urban residents or per capita net income of rural residents standard, calculated by twenty years in this case, from the plaintiff to provide household registration certificate, it is difficult to prove that the plaintiff's father's nature of the household registration, so it should be calculated in accordance with the standard of per capita net income of rural residents for 312,880 yuan (the specific algorithm is as follows: 15,644 ?20=31,288 yuan), instead of the plaintiff's father, the plaintiff's father's father's father's household registration. Yuan), not 803760.00 Yuan (40188.00 Yuan multiplied by 20 years) as calculated by the plaintiff.
(ii) the plaintiff claimed the full amount of compensation for moral damages lack of basis.
According to Article 11 of the judicial interpretation? The victim of the fact of damage and the occurrence of the consequences of the damage is at fault, according to the degree of fault can reduce or exempt the tortfeasor's responsibility for compensation for moral damage.? In this case, the plaintiff's father has a major fault, and ultimately led to the occurrence of this traffic accident, the respondent is not at fault, so the respondent should not bear or should be exempted from the responsibility of moral damages.
At the same time, according to "the supreme people's court on the determination of civil infringement of moral damage liability for a number of issues of the interpretation of article 9? Mental damage consolation includes the following ways: (a) causing disability, for disability compensation; (b) causing death, for death compensation; (c) other damages to the situation of mental consolation.? In this case, the plaintiff has asked for a higher amount of death compensation, that is, the death compensation at the same time also represents the plaintiff's spiritual compensation, so the plaintiff can not repeat the request, the court shall not be supported according to law.
Accordingly, according to the relevant judicial interpretation, the respondent should be exempted from the responsibility of moral damages in this case.
Back a step, even if the respondent has to bear the corresponding responsibility for moral damages, but also because of the death compensation and overlap and can not be double-counted.
(c) The plaintiff's claim for other compensation for the cost of the standard is not based on the law.
According to Article 19 of the judicial interpretation? Medical expenses according to the medical institutions issued by the medical expenses, hospitalization fees and other receipts, combined with medical records and diagnostic certificates and other relevant evidence to determine, therefore, the plaintiff claimed that the medical expenses, should be issued by the medical expenses, hospitalization fees and other receipts, combined with medical records and diagnostic certificates and other relevant evidence to determine.
According to article 21 of the judicial interpretation? Nursing fees are determined according to the income status of the caregiver and the number and duration of care.
Caregivers have income, with reference to the provisions of lost wages; caregivers do not have income or hire a caregiver, with reference to the local caregiver engaged in the same level of care of labor compensation standards. Therefore, the plaintiff claimed that the nursing fee should be calculated with reference to the local caregiver engaged in the same level of nursing labor compensation standards.
According to Article 23 of the judicial interpretation of the provisions of the victim really need to go abroad for treatment, due to objective reasons can not be hospitalized, the victim and his companion actually incurred accommodation and food expenses, the reasonable part of the compensation. In this case, after the accident, the plaintiff's father has been hospitalized in Shanghai, there is no such situation, so the plaintiff claimed accommodation costs have no basis.
According to Article 22 of the judicial interpretation? Transportation costs according to the victim and his necessary companion for medical treatment or transfer to the hospital for treatment of the actual costs.
Transportation costs should be based on official documents; documents should be consistent with the place, time, number, frequency of medical treatment. Therefore, the plaintiff claimed that the transportation costs of the relevant evidence should be consistent with the place, time, number, frequency of medical treatment.
And, the plaintiff claimed the towing fees, property damage due to insufficient evidence, the respondent does not recognize.
Attorney's fees are not necessarily incurred costs, and too high, should not be supported by the court, or at least appropriate reduction.
(d) the court should be resolved together with the compulsory insurance and commercial third party insurance compensation.
According to the "Supreme People's Court on the trial of road traffic accident damages cases on the application of law on a number of issues of the interpretation of Article XVI? At the same time to insure the motor vehicle third party liability compulsory insurance (hereinafter referred to as ? Compulsory third party liability insurance (hereinafter referred to as "compulsory insurance") and commercial third party liability insurance (hereinafter referred to as "commercial third party insurance"). Commercial third party liability insurance (hereinafter referred to as "commercial third party insurance") Tort Liability Law of the relevant provisions of the tortfeasor to be compensated in this case, the respondent has been insured motor vehicle third-party liability compulsory insurance and third-party liability commercial insurance, and the insurance company for the same company.
And the plaintiff has sued both the respondent and the insurance company, the court should be resolved together with the compulsory insurance and commercial third party insurance compensation, at the same time, because the respondent's family Shi Yu long-term unemployment at home, the respondent's family financial difficulties, so I ask the court to be appropriate care.
In summary, due to the case of the plaintiff's father driving a motor vehicle running a red light at high speed, there is fault, resulting in the occurrence of this traffic accident, the plaintiff's father should bear full responsibility.
Step back, even if the respondent shall bear part of the responsibility, there should be based on the law, and the plaintiff on the case of the death penalty compensation standard is not true, the request for compensation for moral damages and death penalty double counting, and other costs compensation standard is also a lack of basis, so the court should be approved according to law.
And, the respondent's family economic difficulties, according to the relevant provisions of the law, the court should be appropriate care, at the same time, should be resolved together with the compulsory insurance and commercial third party insurance compensation.
This
Shanghai? District People's Court
Respondent: ?
March 13, 2013
The respondent: ?