The traffic accident liability for damage occurred between motor vehicles and non motor vehicles

　　　　　　--The compensation scope of compulsory insurance and third party liability insurance

[case]2007Years10Month13Day8When the30Divided, Yang driving zoumou all LiaoB/CZ* * * cars along Lushun road running from east to west to south ditch along Lushun Road, from east to West riding a bicycle so far left Han Mou hit injury, and damage to the vehicle, the Second Affiliated Hospital of Dalian Medical University, a Han after rescue invalid in10Month14Day8When the death. Dalian City Public Security Bureau Traffic Police Detachment Shahekou Brigade2007Years10Month31Make "traffic accident", finds that: Yang driving motor vehicles speeding behavior, in violation of the "implementation of Dalian City<The traffic safety law of the people's Republic of China on road>"Provisions Article thirtieth second; motor vehicles of a bicycle across the Han did not get off the implementation is not so straight and turning traffic behavior, in violation of the" Regulations "article sixty-ninth, article seventieth the implementation of the provisions of the people's Republic of China road traffic safety law. According to the "Regulations" ninety-first and "traffic accident handling procedures" provisions of article forty-fifth of the people's Republic of China Road Traffic Safety Law, equal responsibility Yang, Han a negative this accident.

After the accident, Yang paid the costs of outpatient, medical expenses, the body storage charges, funeral expenses, park fees, fees, testing fees, pull the corpse Trailer fees totalling10979.29Element. And the one-time payment of the Han family12Million for the treatment of the death of the victim.

2008Years5Month6Japan, South Korea some relatives to the court asked Yang and Zou paid compensation for death120864Yuan, funeral expenses12102Yuan, transportation costs473.6Yuan, the family lost wages4819Yuan, the family accommodation3150Yuan, total141408.6Yuan; payment of compensation for spiritual damage100000Element. Therefore, the defendant shall pay to the plaintiff the amount of (141408.6-58000) *80%+58000+100000=224726.4Element.

The defendant Yang and Zou argues, Yang drove Han Mou hit lethal facts without objection, compensation for death120864Yuan, funeral expenses12102Yuan, transportation costs451.6Element without objection; for accommodation, the plaintiff did not provide evidence to prove that the relation exist and no number and time records, that has nothing to do with the case of lost wages (3Of people), the plaintiff did not provide evidence to prove that the three person and the victim's relatives, and the delay time for1Months, significantly more than the "National Labor Bureau, the Ministry of Finance on state-owned enterprises please funeral leave and walk off issues notice" provisions1-3Day or holiday, and bereavement leave within three days, paid.

At the same time, a total of defendant Han bear out-patient fees, in accordance with the ratio between medical expenses, trailer fee etc.10979.29Yuan fee, and the corresponding bear no more than12Million yuan of parts to be returned.

The court concluded that: Yang speeding driving, Han Mou riding a bike across the road not push and turn to direct traffic in advance, both in violation of traffic laws, traffic police detachment that equal responsibility of all negative accident, loss caused by the accident by the parties bear their respective responsibilities, in view of the South Korea department the non motor vehicle driver shall, according to the degree of fault liability can be appropriate to reduce the motor vehicle party. The plaintiff claims compensation for death120864Yuan, funeral expenses12102Yuan, transportation costs451.6The compensation element, the spirit damage100000Yuan, the plaintiff and Yang in accordance with20% and80Share responsibility.

Accordingly judgment: compensation, funeral expenses, traffic expenses, compensation for spiritual damage of death compensation to the plaintiff defendant Yang78334Element; the accused Zou Yang of the debt are jointly and severally liable; dismissed the plaintiff's other claims; the plaintiff to pay the defendant yang to advance medical expenses2200Element.

The case acceptance fee2300Yuan (the plaintiff prepaid), counterclaim fee530Yuan (the prepaid), by the plaintiff's burden600Yuan, Yang burden2230Element.

[] legal analysis of motor vehicles and non motor vehicles, pedestrian traffic accident damage compensate legal basis:

"The people's Republic of China Road Traffic Safety Law" article seventy-sixth:

"Motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, shall bear the liability for compensation in accordance with the following provisions:

"(a) the traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility.

"(two) motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, appropriate to reduce the liability of motor vehicle party according to the degree of fault motor vehicle shall not at fault;, bear the responsibility of compensation does not exceed ten percent.

"The losses of the traffic accident is a non motor vehicle drivers, pedestrians deliberately collision caused by motor vehicles, the motor vehicle shall not bear the liability of compensation."

The compensation scope of compulsory insurance, third party liability insurance according to the insured and the insurance company signed the contract, determine the specific.