Original article by Henan Guangfa (Luoyang) Law Firm, **Please indicate the source!
*Editor: Li Hua.
Basis of trial
Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.
Brief facts of the case
At around 00:10 on December 31, 2021, Mr. Yao was driving a small car along a road in Yiyang County when he collided with an electric four-wheeled vehicle driven by Mr. Chen in the same direction and made a left turn in front of him, resulting in injuries to Mr. Chen and Mr. Shen and Mr. Zheng, the passengers of the electric four-wheeled vehicle. After the accident, Mr. Yao left the scene and went to the Yiyang County Traffic Police Brigade at 10 a.m. on the same day to explain the situation. After investigation, the traffic police brigade issued a certificate that Mr. Yao had no subjective escape, no drunk driving and other illegal acts, and determined that Mr. Yao was fully responsible for the accident.
Mr. Zheng, a passenger of the electric four-wheeled vehicle, was seriously injured and was taken to the hospital after the accident**, and Mr. Yao paid 90,000 yuan in advance.
Mr. Zheng's wife was disabled due to an accident three years ago and has a disability certificate.
Case Handling
Dong Xiaoying, the lawyer who handled the case, believed that the damage caused by Mr. Zheng due to the traffic accident should be borne by the infringing party. Therefore, the loss caused by Mr. Zheng's traffic accident should be compensated by the insurance company within the limit of the compulsory traffic insurance, and the insurance company shall bear the shortfall within the limit of the commercial third-party liability insurance, and the driver of the small car, Mr. Yao, shall bear the shortfall.
The focus of the dispute in this case was the maintenance of the dependants. Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Before the accident, Mr. Zheng's wife was disabled and incapacitated, and there were other people who needed to bear the obligation of support. Lawyer Dong Xiaoying asserted that the living expenses of Mr. Zheng's wife's dependents should be calculated at one-fifth, totaling 10,3573 yuan, which was recognized by the court.
Mr. Zheng's injuries were assessed by the forensic appraisal institute as having a disability rating of 10 for head injuryThe lumbar vertebra fracture disability rating is grade 10.
The legal team calculated that Mr. Zheng's reasonable losses caused by the accident included medical expenses, nutrition expenses, hospital meal allowances, nursing expenses, lost work expenses, disability compensation, living expenses for dependents, solatium for mental damages, appraisal fees, and transportation expenses, totaling 24517159 yuan.
Case outcome
The case was heard by the court, and the judgment of the first instance was as follows: the insurance company compensated Mr. Zheng 15517159 yuan. (less the amount advanced by Mr. Yao).
Lawyer: Dong Xiaoying
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