A news on Weibo caused discussion among netizens
This news aroused discussion among netizens
Netizens think that I have hit a person
Just pay only 37,000 yuan?
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 humanity, mainly considering whether to cause serious consequences. In this case, Ms. Zhang was deprived of the right to protect the normal development 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 rights 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.
Editorial of the column: Zhang Wu text editor: Yang Rong inscription Source: Tuwa picture editor: Su Wei
Source: Author: Qilu Evening News