The word civil

Respected judge, judge:

Commissioned by the XX XX County XXX law firm accepted the plaintiff in the case of XXX, as the assigned me with the plaintiff and the defendant XX XXX property damage compensation lawsuit traffic accident case litigation agent, in this case, through today's trial, court investigation, evidence, cross examination, has outlined the basic the fact is very clear, the evidence is sufficient contour, now I on the situation in the case of the collegial panel published opinion, for reference;

One, the case facts are clear, irrefutable evidence. The accident happened in2007Years5Month29DayLate20When the25Divided, time accident that happened in the accident site in XX Province, Shen sea line(Fujian) BAvenue59KM+250MOn the highway, he drove a Porsche XXXXX (Kai Yan)The car in the accident section of illegal speeding, car head on the left side collision is the normal running of the Volvo S80XXXXXCar tail, causing great loss of the vehicle vehicle crash. The fact that the defendant bear full responsibility in this accident, has been XX Province Public Security Traffic Police Corps detachment three brigade directly under the highway XX traffic accident identified. This is to be above suspicion doubt fact. At the same time, after the accident, XX Province Public Security Traffic Police Corps detachment directly under the highway XX three brigade shall entrust XX XX Judicial Identification Center for vehicle damage identification and assessment on the original, the defendant the vehicle after the accident.2007Years6Month15DayXX XX, the judicial identification center made the assessment report, the plaintiff XXXXXXCar loss total price total RMB329953Element.(Of which: repair items identified as RMB21800Yuan, replacement of parts identified as308153Element). After that, the vehicle parking in the Volvo XXXX traffic from XX4SStore and send it for quotation4SShop for repair. In this period, the plaintiff and the defendant in the XX multiple contact vehicle repair matters shall be the defendant refused mediation, vehicle repair funds in advance without sincerity were part of mediation fails. From Genesis to the accident of XX4SShop2007Years8Month24DayCheck out near3Months, the plaintiff to the defendant with sufficient mediation time, done everything possible, fully exhibiting generous spirit, patiently waiting for the defendant to respond to, can be in XX4SThe store to the damaged vehicle repair. The plaintiff a brand-newS80Original import of Volvo cars, buy the time has not come for a year, was the crash, who does not love his beloved vehicle. However, the defendant refused early repair fees move so that the plaintiff failed, in fact but let the plaintiff can only choose or self XX4SStore parking fees, trailer fee, offer19000Yuan later, finally the vehicle or to XX province XX city XX XXXX auto repair department. This part of the expenses previously completely is the defendant caused by hand, should the defendant compensation. The vehicle in the XX repair, a total cost of repair21800Yuan, replacement parts costs308153Yuan, according to "the people's Republic of China Road Traffic Safety Law" seventy-sixth paragraph second traffic accidents "between motor vehicles, the faulty party shall bear the responsibility, both parties are at fault, in accordance with their respective proportion of the responsibility of fault." Accordingly, this part of the vehicle repair the loss of the accused should be unconditional compensation.

Two, the case after the accident, the defendant the plaintiff's other expenses legitimate, reasonable, sensible should also be compensation. As everyone knows, the traffic transportation vehicles after an accident will result in a series of cases of repair project, in accordance with the law, such as identification of the trailer, parking, quotation, accommodation, car rental,, and so on. This part of the defendant shall be liable for the loss. The legal basis for compensation is: property loss about traffic accidents in the Supreme People's court is included by the loss of outage loss of vehicle1999Years1Month29On the judicial committee of the Supreme Court of the1042Meeting of the)Law interpretation[1999]5Through the study, the following reply: "general rule of the civil law" 117th paragraph second; "damage to the state, collective property or the property of another, should be restitution or compensation for discount." "If the victim suffers other serious losses, the infringer and shall compensate for the losses." Therefore, in the case of compensation for traffic accident damage, if the vehicle was damaged in the carriage of goods or passengers for transportation business, demand compensation for vehicle repair lost during the outage, traffic accidents should be responsible for compensation. This is the high court made the vehicle after a traffic accident, the indirect loss caused by compensation reference. The vehicle in the XX after the collision Park in XX traffic in the parking lot, during the running back and forth, need to rescue, trailer vehicle identification, traffic police brigade to accident conversation,4SShop needs to offer, etc.. The external behavior of this series of cases after the resulting costs: Trailer fees, fees, transportation fees, rescue vehicles accommodation, traffic fee, car rental fees, appraisal fees, fees, parking fees price and so on, these costs and losses are caused by the defendant, indirect losses after the accident. According to the general principles of the civil law and the Supreme Court judicial interpretation of the provisions of the defendant shall be liable for the loss of the plaintiff. On compensation for the rental fee request, the vehicle after the collision, may not be their own car or bike to work, and the plaintiff is the legal representative of the individual companies run their own people, their consumption in the value level of high-grade cars, so in the vehicle after the collision car rental business is inevitable. The defendant shall compensate the rental fee. If not the defendant the plaintiff vehicle crashed, the plaintiff won't go to rent the car, and the car from the time2007Years7Month to12Months6Months, the plaintiff and repair the vehicle until the end, but also during the lawful, fair, reasonable. In addition, the plaintiff in his car when the accident, the body was slightly injured, the total spent on medical expenses648Element, the defendant shall be liable for the medical expenses.

In summary, the case facts are clear, the evidence is sufficient, lawful, reasonable, reasonable compensation for the project. According to "the people's Republic of China Road Traffic Safety Law" seventy-sixth paragraph second, "general rule of the civil law" provisions of article 119th, article Yibailinglu provision, and the Supreme People's Court judicial interpretation of the relevant provisions, apply to a people's court for justice!

Yours sincerely

XX XXX people's court

The XXX agent ad litem; XXX law

Two00Eight year X month X day