The two cars collided fall seriously injured passengers in the car The compensation event cited disputes

The bus collided with a car, a bus passengers injured with Mr. zhang. According to the police investigation, no responsibility for passengers, two vehicles collided by automobile. However, the passengers in a claim, but encountered problems, who should bear the compensation?

　　Cause The bus collided with the car

Mr. Zhang went home by bus, bus travel to a road, and Lin car collision, the bus driver LiuMou slam the brakes, so Mr. Zhang on the bus fell and injured. According to the traffic police accident proof, the bus driver and car owner Lu Lin are neglecting the dynamic observation in road vehicles, did not take timely and effective measures, in violation of the laws and regulations on road traffic safety, the bus company and one should bear full responsibility. Mr. Zhang is not the responsibility of the passengers.

　　Ask for help Excuse the perpetrators who?

After the injury, Mr. Zhang after the hospital rescue, has saved lives, but lost self-care ability, can neither move nor eat, systemic muscle atrophy, by nasal feeding to maintain life. Classics appraisal, as one of the disabled. He did not say from illness, family is extremely distressed, but the huge medical expenses, also make this not wealthy family one disaster after another.

According to the traffic police brigade that issued by the traffic accident, Lu and Lin on the traffic accident Lin does a change the situation of the road each sticks to his argument, and no other evidence, unable to verify both in the accident responsibility. The two party liability of perpetrators of mutually making excuses. Mr. Zhang cornered by pointing to the families, Canglang District Legal Aid Center for help.

　　Prosecution Who should bear the responsibility for compensation?

The perplexing, involving multiple relations. After investigation, found Lin driving cars in the property insurance companies insurance compulsory liability of traffic accident; Lu for the company's employees, driving a bus belonging to the duty behavior. So, aid lawyers will land a local bus company, Lin, property insurance Limited by Share Ltd Suzhou branch are listed as a defendant, filed a lawsuit to the court. The court accepted the case, in June 10th this year, the trial.

　　Confrontation How to divide the responsibility of compensation?

The plaintiff Mr Cheung claim medical expenses, disability compensation, nursing fees, appraisal fees totaling 739570.44 yuan, and hope that the decree in cross strong insurance compensation within the limit of compensation for mental solatium 50000 yuan, the litigation costs to be borne by the defendant.

The defendant Lin said in reply, in fact no objection to the accident, traffic accident responsibility confirmation dissent, they have no responsibility in the accident, should not bear the corresponding compensation liability. After the incident, as the non defaulting party, has been to the bus company paid 1000 yuan, this accident is the bus company's responsibility.

The bus company said in reply, no objection to the accident happened, willing to bear the corresponding liability for compensation in accordance with the law. But for the plaintiff the amount, the insurance company shall be liable for compensation in insurance within the scope of the plaintiff, and put forward the spirit of the solatium 50000 yuan, should be in the range of compulsory insurance in priority. For out of the difference of compulsory insurance, and a bear half the responsibility.

The property insurance company Suzhou branch, argued that, on the accident process and division of responsibility without objection, the original compensation in the insurance to pay strong limit, but the claim of the plaintiff's damages infringer comfort by Lin and bus companies, insurance companies should not be compensation.

　Sentence Mr. Zhang successfully awarded

After adducing evidences of fierce, several rounds of debate, court verdict: the plaintiff caused a disabled due to traffic accidents, causing serious damage to its spirit, its for mental solatium 50000 yuan and requirements in cross strong insurance compensation within the limit of priority of payment, in accordance with the law, to support the Suzhou property insurance company; company to pay the plaintiff 10000 yuan in cross strong insurance medical indemnity, death and disability compensation within the limit of pay the plaintiff 110000 yuan (including mental solatium 50000 yuan), total 120000 yuan; unable to be found out by accident, the bus company and the defendant of the accident bear equal responsibility, strong insurance to pay the compensation limit exceeded payment by the bus company and a bear 50%, jointly and severally liable to the plaintiff.