As night falls, the hustle and bustle of the city gradually subsides, leaving only a few lonely vehicles to navigate the streets. In the distance, a dazzling Lamborghini luxury car is like a pearl, shining with infinite charm. The car belonged to a young man from a privileged family named Zhang.
He lived a prosperous life on the family business, and owning this Lamborghini undoubtedly added more glory and face to him. Whenever he goes out to run errands or gathers with friends, Zhang always drives this handsome luxury car, which has both face and style.
On the night of the incident, Zhang drove a Lamborghini luxury car out to dinner with friends. Although his friends were drinking enthusiastically, Zhang stayed awake and only tasted some of the food on the table. During the meal, after saying goodbye to his friends, Zhang drove his car in the direction of home. With little fuel left in the vehicle, Zhang decided to refuel on the way home. However, he never expected that this night was destined to be unpredictable for him.
When Zhang drove to the main road of the Fourth Ring Road, the car suddenly stalled due to fuel exhaustion and fell into darkness. He reluctantly turned on the double flashing lights of the vehicle and put the warning sign at the rear of the car, and for safety reasons, he sat in the car and called ** to ask a friend for help. The friend promised to bring him oil, but Zhang could only sit in the car and wait for his friend's arrival.
However, fate played a mischievous joke on him at this moment. While he was anxiously waiting, a van suddenly sped from behind and slammed into the back of his car. The luxury car and the van collided head-on, making a loud crashing sound. Zhang was knocked unconscious.
When he woke up, he found that he had been lifted into the ambulance. Although the luxury car was seriously damaged, fortunately no one was injured, but all this frightened Zhang, who was sitting in the car waiting for a friend to deliver oil.
At this time, Liu, who caused the accident, walked in front of Zhang, apologized to him again and again, and reported to the police in time. After the traffic police arrived at the scene to deal with the accident, they determined that Liu was fully responsible, while Zhang was not responsible. According to the judgment of the traffic police who handled the accident, Liu lost concentration, did not brake or turn in time, and directly hit Zhang's Lamborghini. Liu's van crashed into a warning sign that Zhang had placed on the back of the car.
Zhang's Lamborghini was sent to the repair shop for repair, and the maintenance cost was as high as more than 190 yuan. However, after the accident, both Liu and the insurance company involved delayed the compensation because Liu believed that the 1.9 million yuan maintenance fee proposed by Zhang was unreasonable. Therefore, Liu conducted a judicial appraisal, and after appraisal, the unreasonable maintenance items were eliminated, and it was determined that the actual maintenance cost of Zhang's vehicle in the rear-end accident was 12790,000 yuan.
In order to get the vehicle maintenance fee as soon as possible, Zhang had no choice but to sue Liu and the insurance company involved to the court, asking the court to order the other party to pay compensation immediately. After the trial, the court ruled in the first instance that Liu bore 85% of the primary responsibility for the accident and Zhang bore 15% of the secondary liability. According to the 85% compensation ratio, Liu needs to bear 108 of the vehicle maintenance costs50,000 yuan, of which the insurance company needs to bear 10020,000 yuan, the remaining 8The 50,000 yuan repair fee will be compensated by Liu himself.
Aunt Zuo's point of view:
1.After the vehicle ran out of fuel, Zhang took the correct countermeasures, turned on the double flashes and placed warning signs in time to ensure his own safety and the safety of other road users.
2.It is an obvious fact that Zhang's vehicle was seriously damaged by a rear-end collision and required high repair costs. He should be reasonably compensated to cover the damage caused by the accident.
Uncle Feng's point of view:
1.As the owner of the car, Zhang should check the fuel level of the vehicle in advance and refuel on time to avoid accidents caused by fuel exhaustion. His negligence and negligence may have been somewhat responsible for the occurrence of the accident.
2.When Zhang is faced with an emergency of running out of fuel, he should contact roadside assistance or seek other suitable solutions in time, instead of waiting for a friend to deliver fuel. His choices and decisions were not wise enough, which led to the accident.
Legal opinion: According to Article 8 of the Provisions on Procedures for Handling Road Traffic Accidents and Articles 48 and 54 of the Tort Liability Law, the responsibility for the accident should be reasonably judged based on the actual situation in the handling procedure of traffic accidents. In this accident, according to the facts and evidence, Liu's van directly rear-ended Zhang's Lamborghini, causing serious damage to the vehicle and high repair costs. According to the relevant laws and regulations, it is reasonable for Liu to bear 85% of the main responsibility.
According to Article 18 of the Provisions on Procedures for Handling Road Traffic Accidents and Article 59 of the Tort Liability Law, the insurance company shall pay the amount of compensation within the scope of the liability borne by the insured, but it should be noted that the amount of compensation from the insurance company must be within a reasonable range. According to the results of the judicial appraisal, the court eliminated the unreasonable maintenance items and made a reasonable reduction in the maintenance fee, so the insurance company bears 100The amount of compensation of 20,000 yuan is reasonable.
According to the Tort Liability Law, if the parties are unable to reach an agreement after being infringed, they may seek a solution from the court by filing a lawsuit. In this case, in order to resolve the issue of compensation as soon as possible, it was legal and reasonable for Zhang to sue Liu and the insurance company involved in the court. The court heard the case and ruled the corresponding liability and compensation amount in accordance with the law, protecting Zhang's legitimate rights and interests.
To sum up, according to the relevant provisions of the Provisions on Procedures for Handling Road Traffic Accidents and the Tort Liability Law, the judicial judgment is reasonable and legal in determining the liability and compensation amount for the traffic accident. This also reminds us to keep evidence in a timely manner when dealing with traffic accidents and protect our rights and interests through legal channels.