According to the laws of our country, if a motor vehicle causes physical and property damage in a traffic accident, the insurance company shall compensate within the compulsory insurance limit of traffic accident liability; For the subject car and the person on the subject car, the compensation for the driver of the subject car shall be compensated by the car damage insurance, the personnel on the vehicle and the driver's seat insurance.
In this case, the defendant injured the plaintiff by driving a car, and the plaintiff sued the court, and with the help of lawyer Xu Xiaohui of the Tongzhou branch of Zhonghengxin Law Firm, the court ordered the insurance company to compensate the plaintiff for various losses.
Facts of the case
The defendant Zhang was driving a small passenger car, and when he made a right turn from north to west at a certain intersection, he collided with the plaintiff Yin on a shared bicycle from north to south, resulting in Yin's injury and damage to the vehicle. After the accident, the plaintiff Yin was sent to the hospital for treatment, and was diagnosed with a compression fracture of the lumbar 1 vertebra and was discharged from the hospital on October 8, 2022. Mr. Hou, the owner of a small car, purchased compulsory traffic accident liability insurance from the defendant Santai Pacific Property Insurance *** Taiyuan Central Branch before the accident, and the insurance period was from 0:00 on January 24, 2022 to January 23, 2023, and the accident occurred during the compulsory traffic insurance period. The defendant Taiping Property Insurance *** Taiyuan Central Branch shall continue to bear the liability for compensation within the scope of compulsory traffic insurance. In order to protect its legitimate rights and interests, the plaintiff sued the court.
The result of the court's decision
The People's Court of Xiaodian District, Taiyuan City, in accordance with Article 1165, Paragraph 1, Article 1179, Article 1208, and Article 1213 of the Civil Code of the People's Republic of China, Article 65 of the Insurance Law of the People's Republic of China, and Articles 6, 7, 8, 9, 10, and 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, Articles 11 and 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents, and the first paragraph of Article 68 of the Civil Procedure Law of the People's Republic of China stipulate that the judgment is as follows: Taiping Property Insurance *** Taiyuan Central Branch shall compensate the plaintiff Yin for various losses totaling 64,947 within the scope of the liability limit of compulsory traffic insurance and commercial third-party insurance within 10 days from the effective date of this judgment49 yuan, refund 2173 medical fees paid by Zhang07 yuan.