According to the case: Disabled for traffic accidents, the demand for compensation for compensation was supported by the court for living expenses

A traffic accident led to physical injuries and disability, and Mr. Ding also carried a heavy economic burden. When discussing compensation with the other party, the two parties started a lawsuit due to inconsistency due to the scope and standards of compensation. Mr. Ding asked the other party to not only compensate for medical expenses, misunderstandings, and disability compensation, but also to bear the living expenses of the supporter. After the trial of the Jiaozhou People's Court and the Qingdao Intermediate People's Court, the court supported Mr. Ding's claim, and the cost of this compensation was ultimately the insurance company of the insurance company of the other party of the accident (hereinafter referred to as "Renmin Insurance Company" ) Payment.

In April 2021, Mr. Ding was negligent when he drove a motorcycle and collided with a semi -hanging tractor on the side of the road. This collision is not light. Mr. Ding was diagnosed by the hospital for facial tear, traumatic teeth, and gums to tear. After identification, Mr. Ding's injury constituted a tenth level of disability. In the accident identification of the traffic police department, Mr. Ding was sentenced to bear the main responsibility of the accident, and the semi -hanging tractor was assumed.

Mr. Ding is the pillar of the whole family. After many treatment after being injured, he spent more than 5,000 yuan in medical expenses. In addition, the economic pressure of the whole family suddenly became bigger. Although the semi -hanging traction vehicle has the secondary responsibility of the accident, it also needs to be compensated according to the responsibility ratio, but in terms of the scope and standards of compensation, Mr. Ding and the other party have been negotiating without results, and eventually they can only be in charge of the book.

Xinwang learned that in addition to requiring the semi -hanging tractor to compensate for medical expenses, misunderstandings, and disability compensation, the semi -hanging tractor should pay for the living expenses of the three capsules including parents and children, including parents and children. A total of about 50,000 yuan.

In the first instance, the Jiaozhou People's Court believed that the cost did not exceed the per capita annual life consumption expenditure of urban residents in Qingdao in the year. According to the insurance contract signed by the semi -hanging traction vehicle and the human insurance company, the Jiaozhou People's Court decided that the Renminbang company shall bear the liability for compensation in accordance with the liability ratio within the insurance limit. 10,000 yuan.

For the judgment of the first instance court, the PICC company expressed dissatisfaction and immediately appealed. The focus of the case during appeals is also on the issue of living expenses for supporters. The Renmin Insurance Company believes that the basis for Mr. Ding's disability is more than 7 tooth loss. The healing after treatment does not affect the labor ability. Moreover, Mr. Ding did not submit evidence that his parents did not have the ability to work and lost their source of life. Therefore, the court should not support the claim of living expenses for supporters.

However, the Qingdao Intermediate People's Court believes that Mr. Ding's injury has caused the body to chew and the linguistic functional loss, which has a large restriction on the body. The result of this disability cannot fully adapt to normal social life and work, and it also has a certain impact on labor capabilities. Mr. Ding's child is not yet adult and needs to be raised; and his parents live in the countryside, far exceeding the retirement age, and rely on their children to support it. Therefore, the comprehensive situation of the first instance court supports Mr. Ding's living expenses. For the amount of the living expenses of the supporting people, the total compensation judged by the court in the first instance did not exceed the per capita consumption expenditure of urban residents in the previous year, and it was not improper as the basis for judgment. In the end, the Qingdao Intermediate People's Court rejected the appeal of the Renmin Insurance Company and made a final judgment of the final judgment.

Correlation

"Interpretation of the Supreme People's Court on Several Issues of Laws on the Application of Laws of Personal Damage Compensation Cases"

Article 16 The living expenses of the supporting person are included in the disability compensation or death compensation.

Article 17 The living expenses of the supporter are calculated based on the degree of losing labor ability of the supporter, and the per capita consumption expenditure standards of urban residents in the one -year of the court where the prosecution court is located. Those who are supported as minors are calculated until the age of eighteen; those who are supported by the supporter have no ability to work or no other source of life, and calculate for 20 years. But at the age of sixty years old, every one year old decreases by one year; those over the age of 75 are calculated at five years.

The supporter is a minor who should bear the obligation to support the support obligations of the victim or an adult close relative who loses the ability of labor and has no source of life. If there are other supporters who are supported, the obligations of compensation only compensate the victims that should be buried according to law. If there are several people who are supported, the total annual compensation does not exceed the per capita consumption expenditure of urban residents in the previous year.

Article 18 If the right holder's proof proves that the per capita disposable income of the residents of the urban residents in the place of residence is higher than that of the standard of the court where the court is located, the disabled compensation or death compensation may be in accordance with the relevant standards of their residence or frequent place of residence. calculate.

The relevant computing standards for living expenses for the supporting person are determined in accordance with the principle of the previous paragraph. (Text/Xinwang Trainee Reporter Wang Ziyang)

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