Produce traffic postaccident, liability of classics policeman department is maintained for coequal responsibility, do not represent " the car that you build you, I build my car, you handle your car to go up get hurt personnel, the get hurt staff that I treat my car to go up " , the attaint circumstance of bilateral after all car has each different, the personnel on bilateral car gets hurt circumstance also each are not identical.
Reviewing of details of a case:
In June 2015 one of these day, the peaceful AQxxx date of accept insurance of insurance company of clever Wu Mou runs quickly the car is in clever fierce city the Chang'an card car that some drives produces Bai Jie and place of mouth of healthy road across and Ma Mou collision, cause the traffic accident that bilateral car is damaged, classics policeman branch is maintained, the accused Ma Mou and run quickly car vehicle advocate assume coequal responsibility, after the accident, contract of insurance of basis of this insurance company runs quickly to this the car undertook deciding caustic nucleus compensate. Because remove accident both sides to assume coequal responsibility originally, run quickly car vehicle advocate issued claim for compensation of motor vehicle car to make over a book to this insurance company then, accordingly this insurance company lawfully to Ma Mou to lodge a complaint, the insurance subrogation of relevant to Ma Mou section tries exercise countervail counterpoises, chase after countervail to Ma Mou namely 10059.4 yuan, ask the accused the interest that according to the corresponding period of Chinese people bank congener loan interest rate pays to stop to the day with total paid money to accuser, computation of accrual of short duration is 1408.32 yuan, above money is total 11467.72 yuan.
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Forensic mediation:
After this case is accepted, handle a case the judge contacts Ma Mou, ma Mou is very active to the processing manner of this matter, request a court to help connection mediation.
In mediating a process, manner of the accused Ma Mou very modest and, the money chasing after countervail that appeals to to accuser place is consentient also, and on the spot cash fulfilled 3000 yuan. But Ma Mou of the accused in whole process feels he does not understand very much, "We are coequal responsibility, each are in charge of each, you build your car, I build my car, there still is a person to get hurt on my car, I saw a doctor to also spend a lot of money to family cure, my car is bad also, also have repair, do for what I return the accused? " face this question, the acting lawyer of accuser is solved to accuser " the responsibility between you is equal, he builds a car, insurance company gives bore the total cost that build a car, you should assume an in part, insurance company seeks countervail power to your exercise, same, you build a car, see a doctor to the person altogether spent how many money, OK also exercise chases after countervail to counterpoise " . So far, the accused horse some ability suddenly be enlightened, "Coequal responsibility " be not " each are in charge of each " , want however " each take each course " . Handle a case at the same time hereat does personnel remind the accused Ma Mou " do you see a doctor to still the bill that builds a car was withheld to the person that get hurt? " the accused Ma Mou says " not " , tell Ma Mou to this plaintiff attorney " if you wait without the bill of expenditure, bill, insurance company won't give you compensation. " right now the accused Ma Mou regrets exceedingly, feel legislation knowing a place is too important at the same time.
The way that this dispute accepts finally with former defendant was dissolved successfully, but the does not know law place to cause pecuniary loss because of the accused, cannot redeem however.
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The judge reminds:
Produce traffic postaccident, liability of classics policeman department is maintained for " coequal responsibility " , do not represent " the car that you build you, I build my car, you handle your car to go up get hurt personnel, the get hurt staff that I treat my car to go up " , the attaint circumstance of bilateral after all car has each different, the personnel on bilateral car gets hurt circumstance also each are not identical. The both sides that assumes coequal responsibility should take respective insurance course inside respective extent of liability, the bill that has kept oneself are cost, lest be below the case that cannot negotiate processing, to institute proceedings also has supportable evidence.
Small stick person
The exercise after traffic accident compensate pays is sure to chase after countervail authority to should organize and not be confined to is as follows evidence: " insurance policy of insurance of motor vehicle business " , " motor vehicle is sure to report a case to the security authorities record " (, " road transportation accident holds a book " , " requisition of claim for compensation of motor vehicle insurance " , " confirmation of circumstance of loss of car of motor vehicle insurance " , " component of confirmation of circumstance of loss of car of motor vehicle insurance changes project detailed list " , " .
