Motor vehicle traffic accident liability disputes Baoding lawyer agent (2012)

In the case of "civil complaint":
Plaintiff: A, female, 19XX year X month XX day of birth, the Han nationality, Baoding XX trade limited company employee, now living in Baoding City, the eastern landscape.
The defendant (hereinafter referred to as the first defendant): China Pacific Property Insurance Co Baoding branch, domicile high open area in Baoding City Sunshine North Street No. XXXX.
Person in charge: XXX.
The defendant (hereinafter referred to as the second defendant): Baoding city public transport company, domiciled in South District of Baoding city Yuhua Road No. XXXX.
Legal representative: XX.
The defendant (hereinafter referred to as the third defendant): XX, male, 19XX year X month XX day was born, Han, second the accused driver, living in the South Street Baoding City, new urban lucky.
The dispute over the responsibility of traffic accident of motor vehicles.
The claim:
A, ordered the three defendants to the plaintiff's economic loss of 15062 yuan, the first defendant bear the liability of compensation in the motor vehicle third party liability compulsory insurance liability limit.
Two, ordered the three defendants to bear the costs of litigation.
The facts and reasons:
In 2011 March XX X XX, the FBXXXX bus driving along the third defendants, seven one route east to west road to Ruixiang Street junction West and to exercise with the ride in XXXXXX car accident, caused the plaintiff was injured.
In April 8, 2011, the Baoding Municipal Public Security Bureau Traffic Police Detachment of the five battalion to protect bus read [2011] No. 000XX "traffic accident" that the third defendants, all responsibility for the accident of the negative.
The FBXXXX bus registered owner third defendants for driving second defendants, the use of the nature of city bus, the car is insured motor vehicle third party liability compulsory insurance in the first defendant.
The plaintiff was injured, the first visit to Baoding city hospital, occurrence of treatment costs 414 yuan; in China PLA two five two hospital, medical costs 13038 yuan, 1200 yuan fee income, nursing fees 3000 yuan, transportation costs 600 yuan, 750 yuan hospital food subsidies, the record copy costs 10 yuan. A total loss of 19012 yuan to the plaintiff, the defendant has the burden of second 3950 yuan, the remaining 15062 yuan, the three defendant has not been paid.
In order to safeguard the legitimate rights and interests of the plaintiff, according to the "Regulations of PRC Civil Procedure Law" the 108th special proceedings, request the people's court verdict.
Yours sincerely
The people's Court of new urban district of Baoding City
Attached: 3 copies of the pleadings.
                                                Sue: A
                                               October 12, 2011
 
Baoding lawyers: A's agent ad litem.

The word "lawyer" in Baoding:
The presiding judge, judge:
Commissioned by the Hebei Shue Yan law firm accepted the plaintiff in the case of A, assigned me as his litigation representative to participate in the proceedings. On the basis of the facts of the case and the relevant provisions of the law, we hereby put forward the following agency comments, please the collegial panel to consider:
One, the plaintiff to provide, in the evidence enough to prove that the plaintiff in "all the facts and reasons of the civil complaint" statement, the plaintiff's claim in accordance with the law shall support. Second the evidence of the defendant has no effect against refutation of the plaintiff. The first defendant did not provide any evidence of its defense and cross examination opinions, it shall bear the burden of proof of the adverse consequences of not in accordance with the law.
The plaintiff provided by motor vehicle traffic accident liability compulsory insurance the insurer the second defendant, although it is a copy of the insurance policy, but the combination of special agreement by the first defendant company (WebpageWww.cpic.com.cn) can be queried information (attached) and second the defendant the plaintiff claims approved, "traffic accident" confirmed the Ji FBXXXX bus have insurance, enough to prove that the accident Ji FBXXXX bus in the first defendant against occurrence of motor vehicle third party liability compulsory insurance, the case of accidents in the period of insurance (correction for the vehicle number plates after the November 10, 2010 -2011 year in September 20th), the vehicle used in nature as a city bus. According to "the people's Republic of China Tort Liability Act" forty-eighth, "the people's Republic of China Road Traffic Safety Law (2011 Revision)" seventy-sixth, "motor vehicle traffic accident liability compulsory insurance Ordinance" in twenty-first the first paragraph, the first defendant should be in the motor vehicle third party liability compulsory insurance liability within the scope of the plaintiff shall bear the responsibility for compensation.
Due to mental stress, psychological pressure is also triggered one of the factors of hypertension, the plaintiff in the encounter traffic accident after the traffic accident consequence of hypertension and the causal association. The traffic accident was not about the treatment of hypertension and the loss that cannot be established.
The "labor contract", as long as the unit of the signature is valid, no unit legal representative signature or seal.
The plaintiff to provide wages do not belong to the Supreme People's court "on the application of the" PRC Civil Procedure Law "certain opinions" provisions of article seventy-seventh of the certification documents, no unit shall be responsible for the signature or seal of the person that is valid.
The first defendant that the plaintiff should provide evidence of nursing and the related opinions without any legal basis.
The court investigation to identify the Ji FBXXXX bus registered owner as the second defendant, the use of the nature of city bus, the third defendants are on duty by injured plaintiffs, according to "the people's Republic of China Tort Liability Act" thirty-fourth "in the first paragraph of the employer's personnel due to performance of a task and causes damage to others, the the employer shall bear tort liability" and "interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case" (hereinafter referred to as the "personal injury compensation case applicable interpretation" of the provisions of paragraph 1) Eighth, second the defendant shall bear the liability for compensation to the plaintiff.
The loss of two, the plaintiff requested shall comply with the provisions of the law, are in reasonable range, the defendant shall be full compensation.
A cost of 13452 yuan on medical treatment.
The plaintiff provides Baoding city hospital outpatient fee receipt, Chinese people's Liberation Army two five two hospital certificate of diagnosis, charging instruments, medical records, expense list of evidence, evidence from legitimate sources, there is ample, associated with this case. The damage of objective truth, a causal association of law and the case against the facts.
Although the defendant does not recognize the so-called hypertension treatment costs, but does not provide any proof that the defense claims within the statutory time limit. According to the "personal injury compensation case applicable interpretation of" nineteenth "in the first paragraph of the obligor to compensation for the treatment of necessity and rationality of the object, it shall bear the burden of proof" and "the Supreme People's court" several regulations about the civil action evidence "in the second paragraph second no evidence or the evidence is not sufficient to prove the facts proposition, provided by the proof should bear the adverse consequences", the defendant shall bear the adverse consequences.
The plaintiff the request, in accordance with "Regulations" interpretation and application of article nineteenth of the cases of compensation for personal injury.
About two of lost wages 1200 yuan.
The plaintiff to provide medical records, receipts, loss of wages, unit proof, labor contract, a copy of business license units evidence from legitimate sources, enough to prove that the plaintiff the loss, associated with this case.
The plaintiff had reached the statutory retirement age, but the law does not prohibit have to the body of the statutory retirement age of labor income, "no personal injury compensation case applicable interpretation" in article twentieth of the provisions of the delay fee will have to the statutory retirement age of the plaintiff excluded. The defendants have no objection.
The plaintiff the request, in accordance with "Regulations" interpretation and application of article twentieth of the cases of compensation for personal injury.
Three on the nursing costs 3000 yuan.
The plaintiff suffered the accident treatment, in the city of Baoding hospital during the Chinese people's Liberation Army No. two five two hospital nurses need to accord with the rule of life experience.
Nursing staff provided by the plaintiff to prove, the loss of unit wage, tax payment receipts, business license copy evidence unit from legitimate sources, enough to prove that the plaintiff the loss, associated with this case.
The plaintiff the request, in accordance with "Regulations" interpretation and application of article twenty-first of the cases of compensation for personal injury.
About four of transportation costs 600 yuan.
The plaintiff to provide the corresponding formal bill confirmed, the plaintiff and accompanying persons for medical and hospitalization costs actually incurred.
The plaintiff the request, in accordance with "Regulations" interpretation and application of article twenty-second of the cases of compensation for personal injury.
About five of hospital food subsidies 750 yuan.
The plaintiff since March 31, 2011 8 to April 14, 2011 11 in Chinese PLA two five two hospital for 15 days. "The personal injury compensation case applicable interpretation of" twenty-third "the provisions of the first paragraph of hospital food subsidies can refer to local state organs, the general staff of the mission to determine the food subsidy standards", with reference to "Hebei provincial organs and institutions travel management measures" article thirteenth "travel food subsidies according to travel natural (calendar) days quota contract, subsidies standards for 50 yuan per person per day," twenty-eighth "since December 1, 2007 has been implemented. Hebei province finance hall "on the issuance of 'Hebei provincial organs, institutions of staff travel spending provisions' notice" [(1996) Notice Hebei property text ninety-eighth] and the Hebei Provincial Department of finance "about as cadres living subsidy issues" (Ji FB No. [2001]79) in the regulation of life standards of subsidies shall be repealed simultaneously "hospital food subsidies, standards currently in effect for 50 yuan per person per day.
About six of the record copy costs 10 yuan.
Because the defendant did not take the initiative to fulfill the obligation of reparation, allow all doubt relevance the plaintiff for medical institutions litigation rights for copying the medical record material copy fee loss with the facts of the case, the people's court shall be supported.
Second the defendant to the plaintiff proposed has the burden of 3946 yuan, the plaintiff in the case has the corresponding request to deduct 3950 yuan.
Based on the above, all claims to the people's court according to law for the plaintiff.

                                         Hebei Shue Yan lawyer
                                                  Gao Hongtu
                                               December 6, 2011

Attached: by the first defendant company (WebpageWww.cpic.com.cnIn this case) policy information can be queried
　
Civil mediation book case "":

Review:
This case can be smoothly mediation, thanks to the judge responsibility and work ability.

About to the statutory retirement age workers encounter traffic accident can claim charge for loss of working time loss, the law is still not clearly defined. General should be that the victim can provide sufficient evidence that indeed, it is still in the work, the lost revenue, legal, policy approved shall make compensation in accordance with the actual reduction of income, but the people's court in practice to grasp the strict.

Baoding lawyers on Legal Problems of motor vehicle traffic accident should be paid attention to:
With the growing popularity of motor vehicles as a means of tools in people's lives, the risk of traffic accidents is put in front of more and more people. Baoding lawyers remind everybody should pay attention to the following legal issues in encounter traffic accident:
A, immediately stop, dial 122, timely notice to the vehicle insurance company at. If the person casualties, should immediately call the 120 emergency telephone.
After the accident, the parties to calm, calm, that the place of the accident, casualties, damage degree, can leave, do you need to repair your car and other information, avoid nervous or scared, his field.
If you are not familiar with the place where the accident happened, can observe the traffic signs or around the typical object markers to determine its position.
Two, to protect the site, waiting at the scene, police, medical staff coming disposal, do not leave the scene, not to escape.
Check the scene, to seal and protect the site, banning all vehicles and pedestrians into the field. Analysis and identification of any tiny traces of the scene are related to accident responsibility, have been found in the body, blood, skid marks, remnants, are to be protected. Change the scene for rescuing the wounded, the location shall be indicated. The law on road traffic safety regulations for the implementation of the provisions of the second paragraph ninety-second, vandalism, falsifies the scene, destroy evidence, take full responsibility.
Whatever the reason, purpose, motive, as long as to leave the field will lead to their escape suspicion, and escapes will bear the legal consequences extremely unfavorable. The law on road traffic safety (2011) the provisions of article ninety-ninth, escaping after causing a traffic accident, does not constitute a crime, by the traffic administrative department of the public security organ from two hundred yuan to two thousand yuan fine, can be in fifteen days detention. The other 101st, the provisions of the second paragraph, escaping after causing a traffic accident, the traffic control department of the public security organ shall revoke the motor vehicle driver's license, and a lifetime may not re apply for a motor vehicle driving license. Road traffic safety law stipulated in the first paragraph of rule ninety-second, the accident occurred after the escape, escape take full responsibility for the party; there is evidence that the other party has fault, liability may be reduced.
For the alleged crime of causing traffic casualties, the criminal law (2011) the provisions of article 133rd, in violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses to public or private property, is less than three years imprisonment or criminal detention; traffic and transportation accident, three years or seven years the following sentence; death caused by escape, department for more than seven years in prison. The Supreme People's court "on the treatment of voluntary surrender and meritorious service for some specific issues opinions" provisions, after the traffic accident to protect the scene, rescue the injured, and to report to the public security organ, shall be deemed to constitute the voluntarily surrender, surrender may be given a lighter or mitigated punishment.
Three, timely consult a lawyer, has the condition as soon as possible to hire a lawyer interventional treatment.
Often receives the parties about traffic accident advisory telephone, but often after the accident for a long time. Rights and opportunities over time once lost, will not be able to reverse the passive situation caused, directly affect the rights and interests of the parties. The law does not because the parties do not understand the law without or little effect. Specialize in, road have been heard, encounter traffic accident in time after the turn to professional lawyers which will help you a lot, protect the legitimate rights and interests of the greatest effect you.

Baoding lawyer Gao Hongtu, legal advisory telephone: 18803121315,13103126618; Baoding lawyer Gao Hong netHttp://bdlawyer.longwang.netQQ:116033958, legal issues, 360603608 free online accept Baoding cases, advisory.
Baoding lawyer Gao Hongtu, in 1999 graduated from the Central Institute of political science and law, then through the national examination for the qualification as a lawyer, is now working in the Hebei Shue Yan law firm lawyers, certificate number: 11306200710848395.
Baoding lawyer Gao Hongtu, specializing in criminal defense, marriage and family, traffic accident, inheritance, contract, property, industrial, medical, damage compensation, labor disputes, corporate affairs, debt collection, international trade and other fields.
Baoding lawyer Gao Hongtu, Baoding office address: Baihua Road No. 149 (children's Hospital of Baoding City, east 2 building).