Yesterday, a news on Weibo caused discussion among netizens.
Therefore, it caused netizens to discuss. Netizens felt that they only lost 37,000 yuan to hitting a person’s breeding?
The traffic accident occurred at around 11:30 at night on February 15 last year.
Ms. Zhang, 43, was walking, and Li drove her car and knocked her.The traffic police judged that Li was fully responsible.
At that time, Ms. Zhang was pregnant for 8 weeks.After being diagnosed with Nanjing Hospital affiliated to Nanjing Medical University, the fetus in Ms. Zhang’s belly stopped developing.Ms. Zhang also made multiple fractures.
Ms. Zhang had no choice butt, causing unable to get pregnant in the future.And this is the first time to get pregnant before Ms. Zhang!
The judge of the Binjiang Court of Nanjing Jiangning District Court said that because of the injury of the accident, Ms. Zhang was pregnant and the hospital judged that she could not get pregnant later. The accident caused her to make up for the mental damage.gold.
After comprehensive considerations, the court believed that there was a causal relationship between Ms. Zhang’s infertility and traffic accidents. According to the "Civil Code", the damage of the infringement caused by the infringement of the perpetrator should bear the corresponding compensation liability.The infringement of the infringer caused the mental damage of human be infringement, mainly considering whether to cause serious consequences. In this case, Ms. Zhang was deprived of the power of protecting the normal development of the fetus and production as a prospective mother.Compensation within the scope is 37,000 yuan.
Why is the insurance company compensation?
Some netizens said that this is the judgment of the court’s claim against Ms. Zhang to the insurance company, and it is not a part of the prosecution of the perpetrator.
Tang Danqi, director of the Zhejiang Law Firm, said that such traffic accidents are related to infringement. The traffic police determine the driver to bear full responsibility, and the insurance company that the driver participates in the insurance shall bear alternative responsibilities and pay for the infringer.The judgment of the insurance company is actually a judgment of the driver.It shows that the victims have proposed compensation for mental damage. According to regulations, the court should support it.
There is also a situation, such as the driver’s suspected drunk driving, which caused the accident, and the insurance company had "the right to recovery".
According to Article 22 of the "Regulations on the Liability for Motor Vehicle Traffic Accidents", if there is one of the following circumstances, the insurance company will pay for the rescue fee within the scope of the motor vehicle traffic accident liability of the liability for compulsory insurance liability, and shall have the right to recover compensation from the victims.: (1) If the driver fails to obtain a driving qualification or drunk; (2) the accident during the stolen stolen by the insurance vehicle; (3) the insured intentionally created a road traffic accident.In one of the situations listed in the previous paragraph, if a road traffic accident occurs, the property losses of the victim will not be liable for compensation.
In other words, the insurance company can recover to the insured driver after compensating the victim.
There is also the principle of losses filling up
In addition, our country has a basic principle in civil compensation called the principle of "losses to fill in", that is, damage compensation is to make up for the losses of the right holder. After all compensation, the result is filling.
That is, the loss of the victim is fully filled, how much the right holder loses, and how much the infringer compensates, so that the right holder will not be affordable.This filling is mainly targeted at direct losses, such as misrepresents and medical expenses.
For example, after the traffic accident was injured, it took 500,000 yuan in medical expenses to see a doctor, but the amount of premiums was only 400,000. When the court judged, the infringer would be judged to fill in the lack of 100,000 yuan in medical expenses.
Is it too low for mental damage compensation for 37,000 yuan?
Article 1,83 of the Civil Code stipulates that if the infringement of natural people’s rights and interests causes serious mental damage, the infringer has the right to request compensation for mental damage.If a specific thing that has a personal significance of a person who has a personal significance of a person who has a personal significance is caused by intentional or severe infringement, the infringer has the right to request mental damage compensation.
Under normal circumstances, if the accident causes death or disability, the court supports psychological compensation as appropriate in support of death compensation and disability compensation, but the courts in many places generally do not exceed 50,000 yuan.
Director Tang analyzed that in this accident, because the accident caused Ms. Zhang to be unable to get pregnant, even if it did not constitute a disability, the accident caused serious mental damage to the victim.The general standard of mental damage compensation is not low.
However, he also suggested that he can improve it as appropriate. "My personal opinion can judge a higher compensation, such as the spiritual compensation of 50,000 or less than 100,000."
Can a baby that Ms. Zhang has not yet given birth can apply for death compensation?
According to the laws and regulations of my country, the power of natural persons began to be born and finally died. Article 13 of the Civil Code stipulates that: when natural persons have died from birth, they have civil rights, enjoy civil rights in accordance with the law, and bear civil obligations.
Therefore, the baby that has not yet been born has no right to apply.
Is it disabled if you can’t give birth?
Director Tang said that this requires relevant disability identification.
The traffic accident is not a criminal case. Therefore, the appraisal criteria based on the "level of human damage disability" (hereinafter referred to as "Tie"), which was implemented on January 1, 2017.
This provision clearly states that the damage includes the destruction and/or dysfunction of human tissue organs caused by various factors; disability refers to life, dysfunction or dysfunction of human tissue organs, and life, work, work, work, work, work, work, work, work, and work under modern clinical medical conditions.Social activity capabilities have been reduced or lost to varying degrees.
According to this, the disability is divided into 1-10 ten levels.The general identification time is to be identified after the treatment is over or after the condition is stable.
At present, in the "Tie" regulations, there are six to 10 categories related to the disability level related to fertility, such as "lack of or loss of function on one side of the ovary", "one side of the fallopian tube lack or loss function", "after the uterine partial removal"It belongs to the nine -level disability.If "most of the uterine resection" belongs to the seventh -level disability, the most serious is that it belongs to the "bilateral ovarian lack or atrophy, completely losing function", which belongs to the sixth level.
"Generally, it depends on the deficiency and the degree of functional loss." Director Tang said.
In addition, in the accident, Ms. Zhang also made multiple fractures, and this injury must also be identified.
In a traffic accident, if a traffic accident dies, and if the accident is all or the main responsibility, it shall be sentenced to sentence of a traffic accident.
Some netizens said on the Internet that "fully lost fertility and can identify 3-6 disability", which is not correct.
The reporter also consulted the forensic doctors of the judicial appraisal agency. Forensic doctors said that they have not encountered similar cases in actual work, but the identification of such loss of fertility is more complicated. It is necessary to consider many factors, unless it is an obvious organ resection.
The scope of compensation after a car accident
In the car accident, no responsible victims can apply for disability appraisal and third -phase appraisal to the local qualified appraisal agencies. There are two types of compensation scope of the full responsibility:
1. If it does not constitute a disabled, the cost of the victim’s expenditure for medical treatment is required and the income that is reduced due to misunderstanding, including medical expenses, misunderstanding, nursing expenses, transportation expenses, accommodation fees, residential food subsidies, and necessary for food subsidies, and necessary for food subsidies, and necessary for hospitalization.Nutrition fee, etc.;
2. If the disability is constituted, according to the disability level, the victim advocates compensation for disability compensation, misunderstanding, nursing fee, nutritional costs and other compensation to the perpetrator.You can also apply for spiritual comfort, the living expenses of the supported or the raised person, the cost of disability auxiliary appliances, etc. Among them, compensation for disability compensation, spiritual soothing, supporting people, or the living expenses of the people must be based on the disability level of the disability composed of it.Calculate the corresponding disability coefficient.
According to Article 12 of the "Decision on Modifying Several Issues on Revised Several Issues of Law on the Supreme People’s Court on the Supreme People’s Court on the Supreme People’s Court": "Level, according to the per capita disposable income standard for urban residents in the place where the court is located in the year, the date of self -determination is calculated from 20 years.But at the age of sixty years old, every one year old decreases by one year; those over the age of 75 are calculated at five years.If the victim is disabled but the actual income has not decreased, or the level of disability is lighter, but the occupation has seriously affected its labor employment, it can adjust the disability compensation accordingly.
Third party liability insurance is now getting higher and higher
General vehicle insurance, including Jiaotong insurance and third party liability insurance.
The current standard of compensation for strong insurance insurance is in accordance with the relevant provisions of the "Guiding Opinions on the Implementation of the Comprehensive Reform of Automobile Insurance", the total liability limit for traffic insurance is 200,000 yuan, of which the limit of death and disability compensation is 180,000 yuan, the amount of medical expenses compensation is 18,000 yuan, property lossesThe compensation limit is 2,000 yuan.
Overall, the compensation amount of Jianqiang insurance is limited.
Once an accident occurs, especially if it causes casualties, the compensation fee for strong insurance is not enough.Third party liability insurance can be supplemented as a strong insurance insurance.
But the third party liability insurance is not forced to choose, but the owner is voluntarily chosen.
When many people buy third party liability insurance, they will choose a higher insurance amount.
On the one hand, because there are more and more luxury cars on the road now, a minor accident may require more than 10,000 or 20,000 yuan.On the other hand, third -party liability insurance compensation standards, including misunderstandings, wages, etc., are determined by reference to the per capita disposable income of urban residents in the previous year.The average annual salary of employment personnel in private units is 7,1934 yuan, and "per capita income level is increasing every year." Director Tang suggested that everyone can choose to be between 200 and 3 million yuan.
At present, Zhejiang has unified the compensation standards of urban and rural areas, which has solved the problem of "different lives".
A kind of unpopular insurance: medical insurance for external drug liability insurance
It is reminded that you are currently hospitalized after injuries in some car accidents. If the driver attended the third party liability insurance, the medical expenses compensated by the insurance company are a medical insurance list that stipulates reimbursement.of.
Based on this, some insurance companies have added a "unpopular insurance" in auto insurance: medical insurance for external drug liability insurance.
This is an additional insurance. It needs to be bought on the basis of buying a third party liability insurance. According to different insurance amounts (generally 5,000, 10,000, 20,000, 50,000, etc.), personal premiums each year are about tens of yuan toMore than 100 yuan.
The third liability insurance is generally reimbursed for medical insurance expenses caused by the third party after the insurance accident. If some drugs used for treatment are not in the medical insurance list, they cannot be reimbursed.This treatment cost is still borne.If you buy external drug insurance for medical insurance, you can reimburse the insurance company, which can reduce the pressure of the owner’s financial compensation.
In addition, for such as tooth, we all know that except for the treatment of teeth, tooth repair is not in medical insurance.There was a case. During the driving process, the vehicle was too fast, which caused an old lady to be frightened and fell. The old man was taken to the hospital. It was better to find that the elderly had others, but several teeth were smashed.The traffic police judged that the driver assumed full responsibility in this collision accident.However, the cost of dental restoration is as high as more than 180,000 yuan. According to the terms of the insurance contract, the cost of treatment of the insurance company on medical insurance is refused to pay.In the end, after negotiation, the insurance company agreed to bear the cost of some dental restoration of the elderly.
Source: Wenzhou Metropolis Daily Comprehensive Orange Persimmon Interactive · Metropolis Express
