If you win the lawsuit, you can't get the compensation. Where is the problem?｜ 9:30 tonight

After his wife died in a car accident

Not only did the family members not get a penny compensation

He was asked to return the other party's paid

30,000 yuan funeral expenses

What's the problem

Native

"I applied for civil supervision with the mentality of trying to try. I didn't expect you to do my best to help me recover the compensation." A few days ago, Cui Mou and his two sons who got the compensation came to Rao, Hebei Province Rao. The Yangxian Procuratorate expressed his gratitude to the prosecutor in person.

During the enforcement, the defendant "people go to the building"

In October 2020, Liu had a traffic accident with a heavy semi -hanging traction vehicle and an electric vehicle, causing the driver of the electric vehicle to die. After the incident, Liu took the initiative to pay Wang's husband Cui Mou's 30,000 yuan funeral expenses as compensation. The traffic police department determined that Liu and Wang were equally responsible for the accident. After investigation, Liu's vehicle was purchased from a certain auto trading company. The two signed a installment and sale agreement that retained ownership. In a certain transportation company in a certain transportation Co., Ltd. The case of Liu's driving was involved in the vehicle at a auto transport company, and the registered car owner was also a auto transport company.

In November 2020, Cui and his son filed a lawsuit with Raoyang County Court, asking a property insurance company to bear the liability for compensation within the insurance limit. Compensation liability.

In December 2020, the Raoyang County Court made a judgment after hearing: a property insurance company compensated Cui for more than 180,000 yuan within the limit insurance limit; Father and son lost more than 370,000 yuan; Cui's father and son returned Liu to 30,000 yuan within ten days after this judgment took effect. "Although motor vehicle safety overall policy is not a policy issued by the insurance company, as far as the content is concerned, it is the mutual assistance meaning between the participants. The limited company shall compensate the plaintiff's losses within the limit of the third party of motor vehicles. "The judgment stated in the judgment that a reasons for compensation for a transportation service company to be compensated.

After the judgment of the first instance came into effect, a certain transportation Co., Ltd. did not fulfill the obligation to pay. The court took mandatory enforcement measures and found that a certain transportation company went to the building, and there was no property that could be executed. List. Cui's father and son applied for retrial to the Intermediate Court of Hengshui City. In June 2021, the Hengshui Intermediate Court rejected Cui's re -review application.

After winning the lawsuit, he could not get the compensation. In August 2021, when he was helpless, Cui's father and son came to the Raoyang County Procuratorate to apply for civil supervision.

Find the key point of the case

"Now the wife's accident has died, and the compensation cannot be obtained. Let's not talk about it. The court will let us return the funeral fee of 30,000 yuan paid by Liu ..." Listening to Cui Mou's complaint, at the preliminary understanding of the application materials and materials and the application materials and the application materials and After the case litigation process, the prosecutor handling the case stated that the case could be accepted. Cui's father and son had a rare smile on his face.

While the prosecutors carefully reviewed the papers, while inquiring about the case materials and the discussion of experts and scholars, and consulting the insurance industry, they gradually clarified the idea of ​​handling the case: a transportation Co., Ltd. is not an insurance company established in accordance with the law. The third party of the motor vehicle is directly compensated to the victims within the overall liability limit of the motor vehicle. The case shall be liable for compensation by Liu and a auto transport company.

"In this case, the defendant's transportation Co., Ltd. does not have the corresponding business qualifications, and it is not a insurance institution stipulated in the law. . A coordinated insurance policy signed by a certain auto trade company and a certain transportation Co., Ltd. is another legal relationship. It shall not make a decision in the case, and the relevant parties shall claim separately. "In September 2021, the Raoyang County Procuratorate held a prosecution inspection institute At the meeting, at the meeting, the members of the Prosecutor of the hospital were fully demonstrated and agreed to the opinions of the prosecutor and supervised the court to start retrial.

Correction Factation and Application of Law Error

On September 29, 2021, the Raoyang County Procuratorate shall be issued to the Raoyang County Court of Raoyang County Court in accordance with Article 6, Article 7 of the Insurance Law and the Supreme People's Court on the Supreme People's Court on the Supreme People's Court on the Supreme People's Court on the Supreme People's Court on the Supreme People's Court on the Application of Laws in the Supreme People's Court. " The procuratorial proposal believes that the civil judgment of the case determines the facts and the applicable legal errors.

On May 25 this year, the Raoyang County Court re -examined the case in accordance with the procuratorial proposal of the procuratorial organs. Recently, the court was tried to make a judgment in accordance with the law: the original judgment was revoked; the property insurance company compensated Cui's father and son over 180,000 yuan within the limit insurance limit; He is responsible for Liu Mou's above compensation. After the verdict came into effect, the insurance company had compensated in place, and Liu and a auto transport company also paid all compensation. Cui's father and son received more than 550,000 yuan in compensation (including Liu Mou's 30,000 yuan in funeral expenses in advance).

"Motor vehicle safety overall policy" is not insurance

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