After an accident between non-motor vehicles cannot be resolved through consultation, it shall promptly report to the police and protect the scene of the accident. If the personnel concerned are seriously injured, they should seek the help of other personnel, call the police immediately at 122, and call 120 or 999 for help.
After non-motor vehicles and pedestrians have an accident, they should know the injury of the injured in time, protect the scene of the accident and call the police. If the injured person is seriously injured, he should ask for help quickly with the consent of the injured person and send the injured person to the hospital for treatment in time.
Second, the attorney of the plaintiff in the traffic accident Dear presiding judge and judge:
A law firm accepted the entrustment of Bi Moumou, the plaintiff in this case, and appointed me as its litigation agent to attend today's trial. Before the trial, I carefully reviewed the case files and made necessary investigations. Now I would like to put forward my agency opinion as follows:
1. The facts of this case are clear, and the defendant Liu Moumou takes full responsibility for this accident. The plaintiff's claim for compensation is in full compliance with the law, and the evidence is sufficient and should be supported.
The Letter of Confirmation of Road Traffic Accidents issued by Kuancheng Brigade, the traffic police detachment of a city public security bureau, determined that the defendant Liu was fully responsible for the traffic accident and the plaintiff was not responsible for the accident.
Articles 16 and 22 of the Tort Liability Law, Article 76 of the Road Traffic Safety Law, and Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Road Traffic Accident Compensation Cases, "Implementation Measures of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases" and "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases", the defendant shall compensate the plaintiff for medical expenses, nursing expenses, transportation expenses, hospital food subsidies, disability compensation, disability appraisal fees and the plaintiff's spiritual damages.
(1) The medical expenses are 942.60 yuan.
According to the provisions of Article 16 of Tort Liability Law and Article 19 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the outpatient treatment expenses of 942.6 yuan spent by the plaintiff should be supported.
(2) The nursing fee is 5 138.50 yuan.
According to article 2 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, "the nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period. The plaintiff * * * was hospitalized for 25 days, and the nursing level was first-class nursing. According to the regulations of the personal injury execution standard of the Higher People's Court of a province in 20 12, the nursing fee for non-medical personnel in a province is 20 1 1 02.77 yuan per person per day. Therefore, the plaintiff's nursing expenses are: 102.77 yuan× 25 days× 2 = 5138.50 yuan.
(3) Disability compensation is 26,694.85 yuan.
The plaintiff's disability appraisal proved that the plaintiff's disability level was level 10. According to Articles 25 and 35 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases in 20 12 and the provisions of the personal injury execution standard of a provincial higher people's court, the per capita disposable income of urban residents in 201a province is 17796.57 yuan, so the plaintiff's disability compensation is/kloc.
(4) Hospitalization food allowance 1250 yuan.
According to the Execution Standard of Personal Injury in 20 12 Years of a Higher People's Court of a Province, the calculation standard of hospitalization food allowance is 50 yuan per person per day, so the plaintiff's hospitalization food allowance is 50.00 yuan ×25 days = 1250.00 yuan.
(5) Disability appraisal fee 1500 yuan.
After the plaintiff was discharged from the hospital, in order to determine the disability procedure, she went to a judicial appraisal institution for disability appraisal. The cost was 1500 yuan.
(6) mental damage compensation 1 ten thousand yuan.
According to Article 22 of Tort Liability Law, Article 18 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases and the Supreme People's Court's Interpretation on Several Issues Concerning the Determination of Civil Tort Liability for Mental Damage, the plaintiff was injured because of his right to health and body, resulting in permanent disability and unable to live a normal life like a normal person. Plaintiff claims 10000.
2. In this case, Jilin Branch of China XXX Property Insurance Co., Ltd., the third defendant, is liable for the above expenses within the limits of compulsory insurance and commercial third party insurance, and the first defendant and the second defendant are jointly liable for the insufficient part.
Article 16 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Road traffic accident compensation Cases states that the people's court shall determine the liability for compensation in case of a traffic accident of a motor vehicle insured with compulsory motor vehicle third-party liability insurance (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party liability insurance"):
(1) An insurance company that underwrites compulsory insurance shall make compensation in advance within the limit of liability;
(two) the insufficient part shall be compensated by the insurance company that underwrites the commercial third party insurance according to the insurance contract;
(3) If there are still deficiencies, the infringer shall make compensation in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law.
If the infringer or his near relatives request the insurance company that underwrites compulsory insurance to give priority to compensation for mental damage, the people's court shall support it.
In this case, the A-XXX passenger car in Hebei was insured by the third defendant, China XXX Property Insurance Co., Ltd. Jilin Branch, for compulsory insurance and commercial third party insurance, and the accident occurred within the insurance period. As an insurance company that underwrites compulsory insurance and commercial third party insurance, the third defendant shall be liable for compensation within the compensation limits of compulsory insurance and commercial third party insurance according to law, and the first defendant Liu Moumou and the second defendant Liu Moumou shall be jointly and severally liable for the insufficient part.
Please fully consider and adopt the above agency opinions.
Agent: Law firm.
Lawyer: XXX
(1) In civil litigation, it is generally agreed that the losing party shall bear the litigation costs.
At present, in the trial of personal injury compensation cases in road traffic accidents, insurance companies generally believe that they should not bear the litigation costs. The specific legal basis is the fourth item of Article 10 of the Compulsory Insurance Clause for Motor Vehicle Traffic Accidents (hereinafter referred to as the insurance clause) issued by China Insurance Regulatory Commission: "Arbitration or litigation expenses and other related expenses arising from traffic accidents are items exempted from compulsory insurance liability, and as an insurance company, they are not responsible for compensation and advance payment."
(2) From the legislative design of compulsory insurance, the core of its protection is the unspecified third-party accident victim, and its contracting purpose is to enable the accident victim to obtain the protection specified in the insurance contract quickly and directly. This kind of lawsuit is filed precisely because the insurance company is lazy in exercising the obligation of personal injury compensation. Therefore, as a punishment for violating the original intention of legislation, insurance companies should pay legal fees.
At the same time, Article 51 of China's Insurance Law stipulates: "If the insured of liability insurance is brought to arbitration or litigation due to an insurance accident that causes damage to a third party, unless otherwise agreed in the contract, the arbitration or litigation expenses paid by the insured and other necessary and reasonable expenses shall be borne by the insurer." According to the principle of "superior law is superior to subordinate law", the application effect of this law is obviously superior to the fourth item of Article 10 of the insurance clause. Therefore, in judicial practice, the court usually judges the insurance company to pay the litigation costs of personal injury compensation in traffic accidents.
If an insurance company, as a defendant or a third party, refuses to settle claims or advance the rescue expenses within the scope of compulsory traffic accident liability insurance before litigation, it shall bear the corresponding litigation expenses.
The above is the relevant content about the liability dispute of non-motor vehicle traffic accidents. I believe that through the above introduction, everyone has a further understanding of the handling of non-motor vehicle traffic accidents.