This year on January 19 before dawn, the Chengdu City is new the area produces serious traffic accident one case, one pulls the old freight car of cement and barge against of one tractor trailer. When the accident, xiaoqin's father serves as assemble and unassemble labour sits to go up in the freight car that hauls cement, after accident happening, qin Fu disables to died that day via rescue.
The boss of father of the Qin Dynasty of employ of forensic court decision and hang rely on a company to compensate for family of small the Qin Dynasty jointly about 270 thousand, but after adjudicating become effective, it is OK that employer one party put forward his suddenly to ever was bought for Qin Fu compensate pays the insurance of 500 thousand. If the family member thinks of money,take, need writes a piece of bill signed in acknowledgement of debt to employer one party first, etc 500 thousand arrive after Zhang, the family member comes to many fund return again.
▲ trouble spot, the graph occupies scheme of CDTV-2 video check
Traffic accident of before dawn miserable intense assembles and unassemble work dies, the court sentences each to carry 50% responsibility
On January 19 before dawn, in the Chengdu City new the division is new street of numerous town white crane, one pulls the old freight car of cement and barge against of trailer of one heavy-duty tractor. The freight car that hauls cement is out of shape badly, on the car one passenger dies on the spot, driver Chen Mou and father of small the Qin Dynasty get hurt. After sending a hospital, after rescue of classics of father of small the Qin Dynasty is invalid die that day.
The Xiaoqin that lives in Jian Yang says, father is outer work already more than 10 years, do the work that holds discharging thing all the time, working hours is to come in the late evening commonly morrow before dawn. When the accident, it is before dawn about much at 1 o'clock, xiaoqin's father assembles and unassemble with another labour sits on van, preparation is driven downward the three unities holds land. Van course is new when Ou Fanchong road and opening of white crane market, encounter Xu Mou to drive one heavy-duty hang tractor travel to come here partly crossing, subsequently two cars produce intense collision.
For claim for compensation, xiaoqin makes driver of truck driver Chen Mou, the other side some, the employer that reachs its both sides, hang rely on company and relevant insurance company to be sued along with all the others to the Chengdu City new court. Final, new the court adjudicates two drivers Chen Mou and Xu Mou, the death that answers Qin Fu assumes the tort liability to pay compensation of 50% each. When happening as a result of the accident, chen Mou and Xu Mou are to working, look from property, belong to undertaking service activity. Accordingly, the court thinks, assume the should be driver of employ experience thing bilateral boss of responsibility truly. Of two cars hang rely on a company to need to assume joint liability.
Calculate finally come down, square altogether of relevant the accused should compensate for small Home Qin Yi to make an appointment with 730 thousand yuan. Among them, it is besides compensation of traffic accident insurance, the boss Liu Wei of employ Chen Mou and van are hanged rely on company Chongqing to fill limited company of 100 million motor transportation to need to compensate for 327400.85 yuan. The funeral expenses that one party of Wei of the Liu before this pays subtract plaintiff 53000 yuan, the court adjudicates Liu Wei and Chongqing fill 100 million companies to need 274400.85 yuan to compensate for accuser finally.
▲ employer just pays funeral expenses, accommodation the receipt such as cost
Appear suddenly compensation of 500 thousand insurance, employer raises this requirement actually
On August 23, after afore-mentioned adjudicative become effective, a man Gao Binbin that professing is Liu Wei copartner, call to Xiaoqin say, in Qin Fu before one's death, the company ever bought insurance to him, OK now compensate 500 thousand. "The court sentences our compensate 270 thousand much, we are increased to you more now tens of thousands of, the money that leave gives us, also offset a bit our loss. Hope your family member can cooperate, make a bill signed in acknowledgement of debt to us, provide the data that compensate issueing put in order needs next. Wait for insurance company money (500 thousand) after be being hit to Zhang of your family member, remove spare part to us again. " Xiaoqin to Chengdu business newspaper reporter offerred he and a Gao Binbin to be in on August 23 in the evening communicate recording, gao Binbin is in the phone so say.
Carry in forensic judgment bright, the freight car of accident reason is practical car advocate it is Liu Wei, dan Xiaoqin expresses, after having an accident, it is Gao Binbin and his connection all the time, include this pre-treatment when father is mortuary, gao Binbin call him copartner of Liu Wei shoppy, gave cost of funeral expenses of small Home Qin Yi, accommodation to wait on behalf of employer one party in all 53000 yuan.
Have an accident from father now 7 many months, no matter be furtive,go up in the court, employer one party never has been carried had bought a such insurance to father. "Give my father bought insurance, father gave an accident now, beneficiary beneficiary should be our family member, by what car boss still can distribute fund? By what car boss still can distribute fund??
Look in Xiaoqin, the court sentences a car boss and hang rely on company compensate 27 beyond, with this " 500 thousand insurance is compensated for " it is two different matters, car boss wants to use this 500 thousand come fill and level up that 27 compensation of more than, even if is increased actively tens of thousands of, but the rest money gives a car the employer even. "Be equivalent to car boss be in this accident, not only what compensate for my father without dig down is dead, still earned brushstroke money instead. Is there this reason? " Xiaoqin hopes to check insurance to whether be belonged to solid, examine minutely in the phone high refined and courteous and particular risk is planted ceaselessly then, the information such as date of insurance company name, guarantee slip, the other side rejects to inform from beginning to end, mention an insurance company that is Chongqing only.
Hang rely on a company:
Car of the 500 thousand department that keep the specified number advocate with hang rely on a company to give money to buy jointly
On August 25, chengdu business signs up for a reporter to call Gao Binbin. Say oneself help business of Liu Wei management high, appear personally on behalf of employer one party all the time handle this accident. "I can assure, this insurance is actual existence absolutely, cheat the job that keeps the sort of irregularity we won't be done. We give money to buy this assurance, should tell them for what? The car goes an accident, we also have very big loss, spent a lot of money, also want to offset some of loss, this should understand. This should understand..
Gao Binbin expresses, can give a family member tens of thousands of yuan more again on the 27 foundations of more than, so he thinks this is a both sides the thing of benefit. About safe material information, gao Binbin still rejects to inform, say to had discussed with the family member only, the family member is willing to hit an IOU to perhaps sign relevant agreement commitment to come to return of one share fund first, and the material that cooperates to offer manage compensate place to need, he just can provide relevant insurance information.
On August 27, chongqing of reporter couplet strung contains limited company of 100 million motor transportation one Tan surnames a staff member, its say its are Wu of this company method, cast about what accident van reachs Qin Fu defend a case, this staff member tells Chengdu business signs up for a reporter, really existence always keeps the specified number so the insurance of 500 thousand. "Liu Wei gave this van to buy in restful insurance 300 thousand (keep the specified number) safe, it is the accident danger of the personnel on the car. If the car produces an accident, a place difficult of access that the personnel on the car can enjoy is planted. Next, our company gave this van to buy again in Pacific Ocean insurance 200 thousand (keep the specified number) safe, also be danger of accident of the personnel on the car. But when the court adjudicates, did not calculate these two accident danger go in. Did not calculate these two accident danger go in..
The reporter enquires who the beneficiary beneficiary of two afore-mentioned accident danger is further, this Tan surnames a staff member to express, "Beneficiary beneficiary should be a victim, if the victim dies, that is a family member. If Liu Wei recoups money first,give a family member, that behoove is OK to insurance company claim for compensation. That behoove is OK to insurance company claim for compensation..
Subsequently, xiaoqin seeks advice from Chinese Pacific Ocean to be sure with family member identity (group) Inc. , the particular risk that personnel of its customer service checks Chongqing to fill limited company of 100 million motor transportation to buy is planted take risk of staff person accident to drive, insurant is Qin Fu. And the customer service personnel of restful insurance expresses to Xiaoqin, did not check that part of concerned Liu Wei cast defend a case.
Lawyer argument:
Do not apply accident danger compensation to touch buckle tort liability to compensate for
If afore-mentioned 500 thousand keeping the specified number all is to be Qin Fu to cast the person accident a place difficult of access that guarantee, that employer and hang rely on a company whether will touch with this buckle liability of 27 more than tort to recoup a money? To this, beijing La Peng (Chengdu) Wang Ying of attorney office solicitor is occupied think, accident danger compensation and compensation of accident of motor vehicle traffic are two kinds of disparate legislation impacts, the compensatory fund of accident danger ought to belong to the dead's family member, and should not use touch buckle employer and hang the tort liability that relies on a company to should be assumed originally to compensate for.
"I think, accident danger should understand to be mixed for employer hang the welfare that relies on a company to give employee, if staff appears contingency, employee or staff family member can get this insurance gold to serve as compensation. And what the court tries is issue of liability of accident of motor vehicle traffic, adjudicative employer and hang rely on company compensate 27 beyond, belong to the tort liability to pay compensation that assumes truck driver. And the compensation of accident danger is to be based on the insurance contract between policy-holder, insurant and insurance company, this is two kinds of disparate legislation impacts, cannot touch each other buckle. " Wang Ying occupies say.
As to employer one party requirement staff family member signs receipt for a loan or relevant agreement is returned return gold of one part insurance, wang Ying is occupied think this is unreasonable, and show break fairness. "Generally speaking, a loss compensates insurance be particular about principle, insurance compensation uses the loss that fill insurant causes because of the accident, because this employer perhaps is hanged,rely on a company to cannot gain profit from which make money. Because this employer perhaps is hanged,rely on a company to cannot gain profit from which make money..
Yin Jing of solicitor of office of attorney of Sichuan eminent space thinks, if of insurance mark is person, safe compensate pays the compensation with traffic accident responsibility cannot confuse sth with sth else. "The beneficiary beneficiary of life insurance is the has relative concern with insurant person that insurant or insurant designate usually, if insurant dies, that insurance gold should pay beneficiary beneficiary according to insurance contract, insurant also is beneficiary beneficiary and of death, by its bequest is handled, accede by the heir such as the spouse of insurant, children, parents namely. Employer and hang the right that relies on to the company did not chase after countervail or break up life insurance to recoup a money. Employer and hang the right that relies on to the company did not chase after countervail or break up life insurance to recoup a money..
If buy of insurance mark is car, for instance seat danger, yin Jing expresses, employer and hang after relying on a company to be compensated for in what pay a victim, can be based on insurance contract concern to undertake manage compensate to the insurance company that joins the danger that keep a car. "Give actually paid a victim how many compensation, more or less is that sure to compensate of insurance company manage gold. If employer one party asks the forehead of manage compensate is spent,give Fu Jin actually the specified number more than, still ask the family member hits the reparations with IOU redundant go back, this kind of behavior is suspected of breaking the law.
