A year ago, the well-known actor Yu Yuexian died in a traffic accident, and there were 4 drivers in the car, all of whom wore seat belts. The reason for the death of Yu Yuexian in the car accident was that the vehicle collided with two camels during the drive, and as a result, in addition to Yu Yuexian's death, the driver Guo Moulong and the other two passengers were injured, and then the two camels were also killed.
Since the incident, the owner of the camel has received a total of 44,000 yuan in compensation, but Yu Yuexian's husband Zhang Xuesong posted that the driver Guo Moulong was convicted of causing a traffic accident and bears full responsibility for the accident, but was only sentenced to 1 year in prison, while the victim's family and other victims have not been compensated, and Zhang Xuesong has raised objections to the verdict.
Regarding the verdict, netizens have different controversies, some believe that people have been killed, only one year in prison, the sentence is too light; Some people also believe that the driver was also injured, and the driver did not drink and drive, and there was no other violation, just because the incident occurred in the early morning and did not expect that there would be camels rushing out, this disaster has a certain irresistible factor, can not all blame on the driver's head; Some people also believe that it is unreasonable for the police to judge that the owner of the camel is not responsible, and that the camel he raised directly caused the death of the other party.
There are many opinions on the verdict of this case, and some netizens have analyzed the severity of the sentence, and today Lawyer Chen analyzed the relevant issues of the traffic accident victim's claim on the "Xie Dazu" car accident case.
First, by whom to compensate
In a traffic accident, the victim may claim compensation from the party responsible for the accident, or from the insurance company of the responsible party. If the party responsible for the accident has purchased both compulsory traffic insurance and commercial insurance, then the insurance company that underwrites the compulsory traffic insurance first compensates within the limit of liability, and the commercial insurance company is responsible for the insufficient department, and if it is insufficient, the person responsible for the accident pays the compensation himself.
Second, how to claim
1. The insured shall report the case to the insurance company in a timely manner;
2. Inform the insurance company of the casualties in a timely manner;
3. Settle claims according to the corresponding bills and vouchers;
4. Subsequent compensation costs can be handled together.
Of course, according to Article 21 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accident Liability, if
The loss of a road traffic accident is intentionally caused by the victim and the insurance company does not compensate.
Third, what to claim
It mainly includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, meal subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive devices, funeral expenses, living expenses of dependents, death compensation, and consolation payments for mental damage.
Fourth, the claim considerations:
1. The defendant should be identified, as the prosecution error did not serve the purpose of compensation.
2. Relevant evidence shall be collected and retained, and when necessary, an application shall be made to the public security traffic department to issue a "Traffic Accident Determination Certificate", and a professional appraisal institution shall issue a disability appraisal document if the disability is disabled.
3. After being injured in a car accident, if the injury is light, you can negotiate compensation with the other party at any time, so that the rate of compensation is higher; If rights protection is carried out through litigation, attention should be paid to the statute of limitations, and compensation is generally filed within 1 year.
Okay, do you get the idea of traffic accident claims? If you are facing this problem, please consult Mr. Chen, give you professional and authoritative answers, and pay attention to my more wonderful content.