A loss of 30,000 for one time

The owner Jingmou did not expect that the vehicle was parked on the side of the road illegally and paid more than 30,000 yuan in compensation. The reason is that the vehicle's illegal parking causes a certain vision to cover it, and is confirmed that the minor responsibility for the traffic accident is confirmed.

One night in April 2021, when Kou, a resident of Zhengzhou City, Henan Province, drove an electric vehicle at the entrance of a community, and collided with Yu, who was driving an electric vehicle, causing damage to the vehicle. Kou and Yu were injured. It was determined by the traffic police department that Kou's driving electric vehicle did not rely on the right side of the road, which belonged to retrograde and drove over speed. The main responsibility of this traffic accident was held; Responsibility; a small van in the accident did not park at the prescribed place, violating the road safety law, causing a certain vision to cover, and the secondary responsibility of this traffic accident.

After the accident, Yu Mou repeatedly negotiated with Kou and the owner of the bread, but did not reach an agreement. To this end, Yu Mou, and a certain insurance company complained to the People's Court of the Central Plains District of Zhengzhou City, requiring Kou and Jingmou to compensate for medical expenses, nutrition costs, misrepresents, nursing fees, etc. Someone shall bear the liability for compensation within the limit of the strong insurance.

"I was also injured in the accident, and I assume up to 50%of the responsibility of the accident." During the trial, Kou believed that according to the responsibility of traffic accidents, the plaintiff Yu should bear 20%of the responsibility. 30%of responsibility should be assumed.

"I illegally parking is not the cause of the accident." In the trial, the interview with the confirmation of the traffic accident liability identification, believed that the accident responsibility should not be assumed. 60%to 70%of responsibility.

A insurance company argued that because a vehicle did not insure the joint insurance and commercial insurance in the insurance company at the time of the accident, it should not be liable for compensation.

After hearing, the court held that one of the focus of the dispute in this case was whether the defendant should bear the liability for compensation. After the accident, the traffic police department issued a letter of responsibility for traffic accidents and determined that the minor responsibility of a certain accident was determined that although it was objected to the accident responsibility for the accident during the trial, it did not provide evidence to prove its claim. Therefore, the objections are not accepted.

According to the causes and faults of the formation of traffic accidents, the court segmented the responsibility: the plaintiff, Yu Mou, assumed 20%of the responsibility, the defendant Kou bears 60%of the responsibility, and the defendant assumed 20%of the responsibility. Due to the compulsory insurance responsibility for traffic accidents in the traffic accident, the passage should bear the responsibility within the limit insurance limit, and the excess of the strong insurance part shall bear the corresponding compensation liability for the liability of the accident. After calculation, it was confirmed that the plaintiff Yu's medical expenses, residential food subsidies, and nutritional expenses were 35569.81 yuan, and the cost of mistakes, nursing expenses, and transportation expenses was 12340.19 yuan.

In the first instance of the court, a total of 33854.15 yuan was compensated for Mr. Yu's medical expenses, hospital food subsidies, nutritional expenses, misrepresents, nursing expenses, and transportation expenses, of which 30340.19 yuan was within the limit of the strong insurance limit; The cost and nutrition cost, totaling 10541.89 yuan.

"In life, some car owners will park their vehicles at the door of the community or on the side of the road. These seemingly convenient behaviors may bring bad results. On the one hand On the other hand, on the other hand, it will hinder passage, cause vision cover, cause traffic accidents, and bear corresponding responsibilities. Therefore, even if it is temporarily parking, the vehicle must be parked in a standard parking space. Said, "Motor vehicle owners must purchase strong insurance in accordance with regulations. Powerful insurance is the first compulsory insurance system implemented by national laws. Don't be lucky, due to the small loss, otherwise you will bear the corresponding compensation liability like Jing. "

Source: Rule of Law Daily

- END -