The law of law ｜ The victim in the traffic accident is over 60 years old. Does it support the cost of misunderstanding?The court was sentenced!

Disputes of traffic accident liability disputes

The victim is over 60 years old

Does it support its misunderstanding?

Let's take a look at the following case ~

1

Basic case

In 2021, Wang (65 years old) drove an electric tricycle to collide with a small ordinary passenger car driven by Zhang, causing Wang to be injured and the vehicle was damaged. According to the traffic police department, Wang was responsible for the accident, and Zhang was responsible for the secondary responsibility of the accident. After the accident, Wang was taken to the hospital for treatment and was diagnosed with cervical fractures, cerebral vibration, and cheekbath fractures. Zhang drove a vehicle in an insurance company to insure strong insurance. After the discharge, Wang sued Zhang and the insurance company to compensate for medical expenses, mistakes, nutritional expenses, transportation expenses, and appraisal fees for compensation.

2

Focus

The insurance company proposed that the victim Wang was over 60 years old, surpassing the legal retirement age, and did not recognize the misrepresented labor costs it claimed. Wang said that he belongs to the rural craftsmanship. As a rural construction technician, he is engaged in rural buildings all year round. The labor income is indeed the main source of the family. The facts have proven certification issued by the village committee. In addition, although it has reached the legal retirement age, it has not enjoyed the benefits of endowment insurance. The income obtained by construction labor is reasonable and legal, and it does not violate the compulsory provisions of the law.

3

Referee result

The court believes that insurance companies have failed to prove that Wang has lost labor ability, and evidence such as the village committee submitted by Wang can prove that it has a certain labor ability and source of income before the accident. More than 60 years old, but the law does not stipulate that people over 60 years of age should no longer engage in labor, create social value, and obtain labor remuneration.

Article 7 of the "Supreme People's Court on Try on Personal Damage Compensation Cases to Applicable Laws" stipulates that the misrepresentation fee is determined according to the income status of the victim's misrepresented time, and the relevant provisions of the incorrect work fee are not restricted from the age. The claim that it can be self -consuming does not violate the common sense. Wang's misunderstanding fee should be supported. Therefore, it is judged that the insurance company compensates Wang's medical expenses, misunderstanding, and nursing expenses within the scope of the sub -insurance limit of the strong insurance.

Later, the insurance company did not accept the verdict to appeal. The Linyi Municipal Intermediate People's Court tried to reject the appeal after trial and maintained the original judgment.

4

Typical meaning

In the case of infringement disputes, there is a point of view that the victims of more than the legal retirement age do not have the problem of mistakes and should not be supported. In real life, many elderly people who are 60 years old still have the ability to work, and actual work and labor. If there is an infringement accident, the labor time is delayed due to treatment and injuries. The reason for the age of the year does not support the cost of work, which is not only inconsistent with the actual situation, but also violates the provisions of the judicial interpretation, which leads to damage to its legitimate rights and interests and objectively.

From the perspective of this case, it still has labor ability to work more than Wang, who is more than the legal retirement age, and is paid by his own labor capacity. Its losses that have reduced income from mistakes caused by accidents will be supported according to law. Of course, when identifying the amount of compensation for misunderstandings, the labor ability and income status of the workers should be considered, as well as the impact of damage on the impact of labor capacity and income, as appropriate.

From the perspective of maintaining the legitimate rights and interests of the elderly, the support of the victims who exceed the retirement age, the labor rights and interests of the elderly, and the role of the elderly and the elderly, and promote the realization of the elderly and protect the elderly. Has reference value and practical guidance significance.

Source: Chinese Fa Law

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