I was recently told a troublesome thing when I was chatting with a friend, because my sympathy was overflowing, and I had to lose forty or fifty thousand. It turned out that this friend had a traffic accident last year, and now because of the compensation problem and the other driver's lawsuit, the court has ordered him to pay the other party 40,000 or 50,000 yuan. Originally, it was normal for a traffic accident to be financially compensated, so why was he upset?
The accident was actually very simple, my friend drove normally straight, the result was that the other driver changed lanes, and the two cars collided, resulting in the other driver being injured and hospitalized. Later, after investigation, the injured driver was an unlicensed driver. The responsibility for this accident is very obvious, my friend did not have any illegal acts in the accident, it is irresponsible, and the other driver should be fully responsible for the accident. Later, when delineating responsibilities, my friend considered that the other driver was seriously injured, coupled with his older age and no insurance, so he agreed to assign himself a sub-responsibility, which could appropriately reduce the financial pressure on the other party. It was supposed to be a happy thing for everyone, but what happened next surprised my friends. After the other driver was discharged from the hospital, he made a disability assessment and the result was a disability assessment. He sued the court for compensation for his disability. As a result, the court ruled that my friend should bear the corresponding compensation liability according to the secondary responsibility. Because my friend bought insurance, the insurance company paid according to the responsibility, but there was still a gap of 40,000 or 50,000, and this money was paid for by my friend.
Now let's take a look at what disability assessment is. Disability appraisal is the process of evaluating and determining the disability level of road traffic accident injuries on the basis of objective inspection by qualified disability appraisal institutions. Where a party becomes disabled due to a traffic accident, the level of disability shall be assessed by a qualified disability appraisal institution after treatment is concluded. Disability appraisal institutions may be appointed and entrusted by the traffic management departments of public security organs, or they may be entrusted by the parties themselves. The disability appraisal is one of the most important evidences of financial compensation in the later period. Of course, generally mild traffic accidents, if the damage is not large, you can not do it. However, for parties with serious injuries, they must conduct a disability appraisal after recovery to provide evidence for future financial compensation.
In the above case, if the other party is not seriously injured, from the perspective of humanity, it is of course possible to agree to draw a secondary responsibility, because if the injury is not serious, the insurance he purchased can cover the relevant expenses of the other party, and he does not need to pay money, and will not lose his interests because of compassion. But because the other party can later evaluate the disability, then it proves that the injury is serious, in this case, if the compassion is overflowing, he will have to pay for it.
The division of responsibility for traffic accidents is as follows: full responsibility and no responsibility, primary responsibility and secondary responsibility, and equal responsibility. According to different divisions of liability, the parties will bear different economic compensation liabilities. Note that what I am emphasizing here is economic responsibility. In fact, according to the Traffic Law, it is not only the responsibility for economic compensation. Because any division of responsibility must have an offence under the Traffic Law, responsibility cannot be drawn without an offence. We can think about it, because your traffic violation caused a traffic accident, is this behavior punishable? In practice, in this case, as long as the two sides can reach an agreement on financial compensation, there are basically no relevant penalties. But not punishing is not impossible to punish!
Criminal Law of the People's Republic of China:
Article 133: [Crimes of traffic accidents; Dangerous driving crime] Whoever violates the regulations on the administration of transportation and thereby causes a major accident, causing serious injury or death to a person or causing major losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a transportation accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death by fleeing shall be sentenced to fixed-term imprisonment of not less than seven years.
If the above situation occurs in a traffic accident, it is not only a matter of losing money, but also a prison disaster!!! Is there anything to decide? This is the accident responsibility we mentioned above, and anyone who bears the main responsibility or above in the accident is the main responsibility and full responsibility, and must be investigated for criminal responsibility! The main boundary here is the main responsibility and equal responsibility, where in the traffic accident, the division of this main responsibility and equal responsibility must be paid attention to, this is a problem of nature, the main responsibility and the same responsibility in the economic compensation is not very big, but this in the legal responsibility is the problem of whether you are guilty enough, you must pay attention!
We never refuse compassion but only if my interests are not affected!
Please pay attention