|
|
Evening News reporter Zhu Qian reports
[Readers Help]
As the saying goes, father and son soldiers into battle. Follow their parents to Shanghai to work Qiang & nbsp; (a pseudonym) is a typical example. & Nbsp; by the end of 2008, his father bought a truck by Liu Qiang when the driver, father and son, huh individual transport, vehicles anchored in Fengxian, a trading company.
Liu Qiang have a brother called Gang, grade II in Xuzhou, Jiangsu university. & Nbsp; 2012 August summer vacation came to Shanghai Gang reunited with their parents and older brother. One day, Liu Qiang father received a phone, so he went to pull a car Songjiang sand to a construction site in Pudong. Gang also happen to think the urban play, just like car counterparts. Liu Qiang brother driving the truck to a construction site near the Pudong,doudoune moncler soldes, in an alley mouth needs to turn around, because it is located residential areas, pedestrian and more space is small, brother Liu Gang will take the initiative to get off after the car reversing command Qiang. However, in reverse, the truck did not stop, stroll a bit later, the Gang sandwiched between the rear and the wall, causing Gang brother died on the spot.
After the incident, Liu Qiang arrested for traffic crime was detained on the spot. A son of accidental death, the other detainees, which makes Qiang parents distraught. By the traffic police department identified the driver Liu Qiang bear full responsibility for the accident. After the families of the Gang funeral arrangements in place, began to consider dealing with incidents. After much consultation, it was said his brother killed his brother, a family member can not compensate, so forget it. Others say his brother killed a family member, should not be sentenced. Insurance companies say the driver of the vehicle during the insured killed the family does not belong to the scope of insurance claims and so on. Liu Qiang families down to listen to that kind of argument has some truth, confused the occasion, find law firm Shanghai Fang Luo Han Yingchun, Song Bo lawyer, seek an explanation for this tragic family accident?
[Focus] case
1. Liu Qiang car killed a family member needs to be sentenced to do?
Although accidents are unexpected behavior,http://cgi.kwkwkw.com, but in order to prevent traffic accidents and reduce personal and property damage, criminal law bears serious fault in a major traffic accident the driver divided penalty is a deterrent and punishment. In this case, traffic accidents resulting in one death, Liu Qiang bear full responsibility for the accident, has traffic crime. However, taking into account the families of the deceased and the Crime and both family and social conflicts caused by the accident is not intense, there is no contradiction between the perpetrators of financial compensation with the deceased. In sentencing the court has given a lighter punishment, sentenced to one year imprisonment Liu Qiang, probation for one year.
2. The car killed his family, who compensation?
In this case,http://www.tukipie.net/camera/index.cgi,woolrich outlet, the insurance company can not exclusions. First, the Road Traffic Safety Law and to pay high insurance insurance provisions did not explicitly put the insured accident killed his family as a case of insurance exclusions, and moreover to pay high insurance itself is an interest to maximize the protection of third party compulsory insurance, refused to compensate violation the legislative purpose of cross-strong insurance.
Secondly, third party liability insurance in the commercial insurance provisions, refused to compensate not only has no clear legal basis,louboutin pas cher, and that the terms of the insurance company belong to the standard terms unilaterally, according to the interpretation of contract law, understand the format of the provisions shall apply in favor of the principle of the insured.
Moreover,http://www.itopen.org/forum.php?mod=viewthread&tid=409248, after the Gang admitted to the university, its accounts have been moved to attend school where the police station, where the family Liu Qiang Gang of daily school life and have been completely separate, so in law and in fact,http://test.xyssfs.com/forum.php?mod=viewthread&tid=1295447,woolrich outlet italia, it does not belong to Liu Qiang Gang of their own side,http://bbs.tt919.com/read.php?tid-163889-page-1.html/read.php?tid-163889-page-1.html/post.php?fid=382?fid=382, This excludes the reason the insurance company exclusions are based - moral risk that an insured accident insured family collude to defraud the insurance company the insurance compensation. Finally, the attorney found that as the vehicle anchored in a trading company,http://ceshi55.haiyang100.com/news/html/?49480.html, so the owner of the vehicle for these trading companies, rather than the actual owner of the vehicle Gang family. As a result, the court's final judgment and trading company Liu Qiang Gang related compensation and other compensation for the families of death more than 80 million, of which the insurance company claims in cross-strong insurance and commercial insurance in the insurance amount of 620,000 yuan.
[Remind] lawyer
In practice often encounter this special traffic accidents, such as: the responsible party and the victim as a man, the driver and the victim in the car, the victim being left out of the bus casualties, kindness riding accident injured more.
Such accidents between the responsible party and the victims mingled with complex factors, the parties as non-professionals, often with their own life experience and personal imagination to make different judgments and laws, leading to handle incidents have great deviation, it will not help properly handle the accident, will cause a great impact on the compensation of victims.
Therefore, lawyers reminded readers as much as possible after the accident, consult a professional lawyer.
[A] You ask me
Recently, through the "help you discuss that" accidental injury problem free legal advice hotline 4009983167 consult more, the newspaper have selected as follows:
Help Case:
Zhang aunt bus to work last Monday,scarpe hogan, vehicles crowded, standing near the front door on the car after the coin, in the process of moving the bus brakes,http://www.menqiu.com/bbs/home.php?mod=spacecp&ac=blog&blogid=, Zhang aunt standing firm hit a head next door armrests, is currently being treated in hospital, preliminary diagnosed with mild concussion, I ask how to deal with the follow-up?
Lawyer replied:
Take the bus passengers were injured in the process,http://store.shopping.yahoo.co.jp/mamapan/70020014.html, between the bus driver (or bus company) and the formation of two competing legal relationship, one traffic accident personal injury compensation, tort disputes; the other is a passenger carriage contract dispute. Passengers can only choose one claim. However, there is little difference between the two in the confirmation of responsibility, compensation and other aspects of the project and the amount of compensation.
Therefore, from the perspective of the final compensation to be considered, you need to passengers depending on the circumstances, to choose their own way. In this case, a lawyer who advises the best choice for accidents Zhang aunt route to compensation for personal injury claims.
[See Sina news Win iPad mini] |
|
發表於 2015-12-8 13:00:47
收藏