Motor vehicle traffic accident liability disputes in civil judgments

The people's Court of Heshan City, Guangdong Province

Civil judgment

 (2013) the river Hefa over at the beginning of the word no.XXXNo.

Plaintiff.XXX.

Defendant.XXX.

Defendant: China Pacific Property Insurance CoXXXXXCompany (hereinafter referred to as "the company").

    PlaintiffXXX defendantXXX, the China Pacific Property Insurance CoXXXXXBranch (hereinafter referred to as "insurance company") liability disputes of motor traffic accident one case, the hospital in May 13, 2013 after accepting the case, the judge shall apply summary procedureXXX is the sole judge, inIn June 13, 2013, the case was heard in public. PlaintiffXXX to take part in the proceedings, the defendantXXX, the insurance company by the court without proper reason legal summons, refuses to appear in court, so the case is absent trial, has now been finalized.                                                                

    PlaintiffXXX claimed: January 7, 2013, the plaintiff drove his motorcycle via Heshan city town industrial city road sections, Guangdong J was accused of drivingXXXXOrdinary two wheel motorcycle crash injury requiring hospitalization for 12 days. By the Heshan Municipal Public Security Bureau Traffic Police Brigade 2013F0XXXXXRoad traffic accident found the defendant and plaintiff bear equal responsibility for the accident. To request the court to order the defendant to pay the plaintiff 9206.5 yuan of medical expenses, lost income 2580 yuan, hospital food subsidies 600 yuan fee, during inpatient care costs 600 yuan. The car costs 700 yuan, trailer fee 335 yuan, a total of 14021.5 yuan. The litigation fee by the defendant.

    The insurance company that: first, the plaintiff in the case for the facts, produce traffic accident I Division in the case of the facts and the Heshan traffic police brigade of traffic accident no objection. Two, each of the plaintiff's request, our views are as follows: 1, medical fee, hospital meals, nursing fees requested the court to verify; 2, lost wages, because the plaintiff did not provide any proof, cannot confirm the wage income and loss, the request delay costs not covered; 3, car repairs. There is no objection, trailer fee, storage fee belongs to the indirect loss, cross strong insurance not to pay; three, about the case costs, in accordance with the provisions of article fourth cross strong insurance clause tenth, cross strong insurance does not bear the cost of litigation. The insurance company is not the accident of the infringer, the procedure is not due to the insurance company's fault and cause, so do not bear the costs of litigation.

    DefendantXXX neither put forward to rejoin, also provides no evidence within the specified time period, it did not appear to recognize the plaintiff to provide evidence, deemed to have waived the respondent, testimony, dialectical, right.                                      

    The court found: January 7, 2013, Guangdong J accused of drivingXXXDriving ordinary two motorcycles from Longkou to town industrial city direction, to the G325 line of Heshan city Heshan Road Town Industrial City intersection turn right onto the roadside shop front path to process, and from Guangzhou to Kaiping direction on the roadside shop front path through theXXXXX driving electric bicycle collision, cause the plaintiffXTraffic accident injury, two car damaged XX. By the Heshan Municipal Public Security Bureau Traffic Police Brigade 2013FXXXXRoad traffic accident confirmation that the defendantXXX bear equal responsibility for this accident, the plaintiffXXX bear equal responsibility for this accident. The plaintiffs were injured after being sent to the Heshan People's Hospital hospitalized and discharged in January 19th of the same year, 12 days of hospital treatment, with medical costs 9206.5 yuan. The diagnosis is: 1, 2, nasal bone fracture; fracture of the nasal septum; 3, concussion of the brain; the right occipital scalp hematoma. Suggestions: 1, outpatient treatment, rest for 48 days; 2, stay with one. The plaintiff's recovery in May 13, 2013 failed, appealed to the court.

    The other identified: the defendantXXX Guangdong JP drivingXXXXXOrdinary two motorcycles registered owner isXXX, the car in the insurance companies to buy insurance to pay strong, the accident occurred in the period of insurance.

    The above facts, a plaintiff to provide evidence, the court records of documented evidence, is sufficient to recognize.

    This house believes that: the case of dispute over the liability of traffic accident of motor vehicles. The cognizance of this case responsibility, public security traffic police department has made a "traffic accident", found the defendantXXX bear equal responsibility for this accident, the plaintiffXXX bear equal responsibility for this accident. Made by the traffic police accident identified legal procedures, the facts are clear, responsibility is clear, the court for confirmation.

    According to the plaintiff's claim, the burden of proof and the standard of compensation, the court determined that the plaintiff in the economic loss of the accident are as follows:

    1, the medical fee of 9206.5 yuan: the plaintiff provides Heshan People's Hospital medical records, discharge invoices, identification, medical expenses to be proved, the court be identified.

    2, loss of working time costs 2580 yuan: the plaintiff request delay costs 2580 yuan, did not exceed the relevant provisions, shall be permitted to.

    3, 600 yuan care: the hospital nursing staff for a person, the request of nursing fee 600 yuan, have not exceeded the relevant provisions, shall be permitted to.

    4, 600 yuan hospital food subsidies: the plaintiff requests hospital food subsidies 600 yuan, have not exceeded the relevant provisions, shall be permitted to.

    5, repair costs 700 yuan; the plaintiff to provide the invoice, the court shall support.

    6, towing fees, parking fees 335 yuan: the plaintiff to provide the invoice, the court shall support.

    To sum up, the plaintiff in the case should be approved for the loss of 14021.5 yuan.

    Belonging to the medical expenses limit of indemnity under: medical costs 9206.5 yuan, 600 yuan hospital food subsidies, total 9806.5 yuan, the amount does not exceed the limit of liability compulsory insurance compensation for medical expenses 10000 yuan, so the insurance company should be in medical expenses limit of 10000 yuan in 9806.5 yuan in compensation for the plaintiff.

    Is the death and disability compensation for the: nursing fee 600 yuan, delay costs 2580 yuan, total 3180 yuan, the amount does not exceed the compulsory insurance liability for death and disability compensation for 110000 yuan, so the insurance company should be limit for death and disability compensation 110000 yuan compensation for the plaintiff 3180 yuan.

    Belongs to the property loss compensation limit under: vehicle repair costs 700 yuan, trailer fee, parking fees 335 yuan, total 1035 yuan. This amount does not exceed the compulsory insurance liability for property loss allowance 2000 yuan, so the insurance company should be in property damage compensation limit of 2000 yuan compensation plaintiff 1035 yuan.

    To sum up, the insurance company should compensate the plaintiff Chen Xueying for the loss of 14021.5 yuan (medical treatment charge compensation limit within 9806.5 yuan + death and disability compensation within the limit of 3180 yuan + property loss compensation within the limit of 1035 yuan).

    To sum up, in accordance with "the people's Republic of China Road Traffic Safety Law" the first paragraph of article seventy-sixth, "the people's Republic of China tort liability law" article fifteenth (six), "general rule of the civil law" 119th, "the people's Republic of China Civil Procedure Law" sixty-fourth, 142nd, 144th the provisions of article, the decision as follows:

    The China Pacific Property Insurance CoXXXXXThe plaintiff ten days branch takes legal effect from the date of judgementXXXX payment of compensation funds 14021.5 yuan.

    If the payment obligation did not press the period specified in the judgment to the payment of money obligations, should be in accordance with the "Regulations of PRC Civil Procedure Law" article 253rd, double payment of interest on debt during the delay in performance.

    The case acceptance fee of 250 yuan (has halved charge), by the China Pacific Property Insurance CoXXXXBranch (the plaintiff prepaid fee burden, the burden of the plaintiff agreed to perform the fees for accepting the payment obligation with Jing Fu, the schools no longer receiving refund).

    Any party who refuses to accept the decision, the verdict can be delivered within fifteen days, submit the written appeal to the court, according to the number of the other party to submit a copy of the appeal at the Guangdong Province, Jiangmen City Intermediate People's court.

    Party to the appeal, should submit the appeal within seven days following the date in accordance with the verdict of the first trial of appeal amounts to the Guangdong Province Jiangmen City Intermediate People's court to pay court costs. Fails to pay, the appeal by automatic withdrawal of treatment.

Judge XXXXXXXX

Two, one three July 21st

The bookNoteMember XXXXX