Incidental civil to criminalGenerationScienceThe word

The presiding judge, judge:

   Shandong law firm commissioned a Peoples Insurance Company of China * * * * * * company, assigned me as the criminal compensation in incidental civil litigation case one traffic accident personal injury litigation agent, after today's court, have a clear understanding of the case, to perform the duties of agent, we make the following agents, hope the collegial panel in the evaluation of the reference adopted:

   One, the insured or the defendant unlicensed driving, according to the relevant provisions of the "motor vehicle traffic accident liability compulsory insurance regulations" and "motor vehicle traffic accident liability compulsory insurance clause", the cost of insurance company claims on the incidental civil plaintiff shall not bear the liability of compensation.

   1, first of all, according to the traffic police team made traffic accident facts, and the investigation organ through the investigation to the vehicle registration departments, have clear the defendant is a license to drive vehicles. Court trial, the defendant also take the initiative to declare in the traffic accident, driving without a license. Therefore, can be identified as being the insurer's serious violations of traffic regulations, driving without a license, which is the main cause of traffic accident. Driving a motor vehicle shall have the legal driving qualification, this is the most basic requirements for driver. Without obtaining the qualification conditions driving on the road is the person is not responsible for their actions by the driver, I bear the responsibility, the insurance company is not responsible for compensation.

   2, "motor vehicle traffic accident liability compulsory insurance regulations" provides only the insurance company for driving without a license pays rescue expenses, losses and expenses for other victims, cross strong insurance is not responsible for the payment and compensation, this case does not exist to advance to save costs, the plaintiff requests the insurance company shall bear the liability for compensation, there is no legal basis.

  Twenty-second the provisions of the "Regulations": "in any of the following circumstances, the insurance company compulsory insurance liability limit range pays rescue expenses in motor vehicle traffic accident responsibility, and shall have the right to recover the injurer:
 (a) did not obtain a driver's driving qualifications or drunk;
 (two) the insured motor vehicle theft and robbery of the period;
 (three) the insured deliberately causes a traffic accident.
   One of the circumstances listed in the preceding paragraph, the occurrence of road traffic accidents, causing the victimLoss of property,The insurance company is not liable for compensation." According to "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" (France - [2003]20) first: "due to the life, health, body damage suffered, the right to compensation prosecution request compensation for property losses and mental damage, the provisions of the people's court shall accept the" Regulations "," refers to the "property damage" and the provisions of the "property damage" meaning, is the broad sense property loss and spirit damage corresponding, including economic losses due to casualties, such as funeral expenses, death compensation etc.. Therefore, "Regulations "referred to in article twenty-second" property damage "including the economic losses caused by incidental civil plaintiff people casualties, such as funeral expenses, death compensation etc..

   3, according to the provisions of clause of insurance contract insurance company and the defendant signed the driving without a license, the insured vehicle traffic accidents, which belongs to the matters agreed deductibles.

   According to the "Regulations of motor vehicle traffic accident liability compulsory insurance clause" Ninth, "the insured motor vehicle in paragraph (a) to (four) the traffic accident one case, cause the victim to rescue the injured, the insurer after receiving written notice and medical institutions the traffic administrative department of the public security organs issued by the rescue expenses list after verification, in accordance with the health administrative department of the State Council formulate accident personnel clinical guidelines and the creation of the national basic medical insurance standard. In accordance with the regulations to save costs, insurance in medical expenses limit of indemnity in advance. The insured has no liability in traffic accidents, the insurance people to advance in the non responsibility for medical expenses limit.For other losses and costs, the company shall not be liable for payment and compensation. (a) did not obtain a driver's driving qualifications", the article defines the insurance company in rescuing victims and in need of receiving written notice and medical institutions the traffic administrative department of the public security organs issued by the rescue bill, the insurance company shall pay the medical expenses limit. But the rescue expenses by the incidental civil plaintiff to pay at the time of admission, does not require the insurance company to pay. Here refers to the"Other losses and expenses" refers to the other losses and expenses in addition to save costs, including of course the victim's funeral expenses, death compensation and other personal expenses.The insurance company will not pay compensation for other losses and expenses incidental civil plaintiffs have appealed to both sides, in full compliance with the provisions of the insurance contract.

 "Motor vehicle traffic accident liability compulsory insurance clause" is the basis "of the people's Republic of China Road Traffic Safety Law" and "motor vehicle traffic accident liability compulsory insurance regulations", is a refinement and supplement, the laws and regulations, "motor vehicle traffic accident liability compulsory insurance clause" is between the insurance company and the defendant the insurer's contract, both to the deductible items approved, shall be as the case facts and legal basis.

   Two, although the insurance company will not pay compensation for expenses incidental civil plaintiffs appealed, but the specific claim and cost of the proposed standard is published as follows.

   1, about the medical cost.

   According to the "Regulations of motor vehicle traffic accident liability compulsory insurance clause", for medical expenses, shall be borne by the insurance company shall be approved within the scope of the national basic medical insurance. With the provisions in the labor and Social Security Department of Shandong province "Shandong basic medical insurance and industrial injury insurance drug list", for the incidental civil plaintiffs claim medical expenses listed in the Human Albumin cost Ming a, by the proportion of self 30%, according to the standard deduction of 165 yuan. At the same time, for the submission of Shandong province hospital charges contained special bill of 22 yuan "other expenses", because did not indicate the specific medication, should not be paid according to law.

   2, for the care of opinion.

  Because the victim in the hospital within 10 hours after death, so there is no loss of nursing staff delays caused by nursing the wounded, nursing fees in accordance with the law and should not be supported.

   3, for the transportation cost.

  According to "explain" the provisions of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case, the transportation fee should be based on the victim and the accompanying staff because of the necessary medical treatment or transfer of the actual treatment costs. Combined with the actual situation of the case, the incidental civil plaintiff advocated transportation because it is produced in the treatment of traffic accident in the process of cost, so the appeal nor shall support.

   4, for the spirit of the solatium opinion.

   According to the "Regulations" provisions of the Supreme People's Court on criminal incidental civil action range of 1: "for crime victims by the spirit of losses suffered an incidental civil action, the people's court shall not accept", compensation for the right to the people's court for compensation for mental damages, the court shall not accept, so on incidental civil plaintiff claims the request shall not be accepted. At the same time, the plaintiff has advocated the death compensation, should no longer that mental damage solatium.

   To sum up, the cost of insurance company claims on the incidental civil plaintiffs should not bear according to law, please the court rejected the incidental civil plaintiffs to insurance company claim according to the law.