A Ningbo traffic accident sky-high price compensation case reconciles the victim to attain compensates 1.07 million

Chinanews Ningbo, January 25 – (by He Jiangyong) recently, Zhejiang Ningbo Yinzhou District people’s court tried a lawsuit target reaches as high as 7.67 million Yuan traffic accident person damage compensate dispute document, coordinates after the presiding judge repeatedly, the above-mentioned plan to mediate the way to settle a lawsuit finally, the traffic accident causes heavy losses to the vegetable Wang to attain compensates 1.07 million Yuan.

On last February 16 13:30 pm, Shi drove some Ningbo electronic technology limited company all small ordinary passenger trains, when along Qiming Road from north to south travel most sincere channel mouth, the front and Wang drove had the collision along the good faith road travel’s electrically operated bicycle from east to west, caused the plaintiff to be injured. When because of being unable to verify the accident the street-traffic control lights condition, the traffic accident origin is unable to verify, Traffic police Department has not made to recognize to the accident risk.

After the accident happened, Wang is delivered to Ningbo Li Huili the Hospital hospitalization rescue, afterward successively in Ningbo Affection Hospital and Chinese People’s Liberation Army 113th hospital being hospitalized, diagnosis extremely heavy head injury. Honors the new expert evidence to appraise after Ningbo, after Ms. Wang head injury, assumes vegetative survival condition the disabled rank for first-level, is nurses the dependence completely.

Until the end of August, 2009, Wang has spent the medical service 360,000 Yuan, the electronic co. has paid 149,000 Yuan. It is not able to recognize because of the responsibility, besides mechanical transport accident risk compulsory insurance, but whether also involves the commercial danger sum total compensation, therefore this dispute is hard to mediate for a while. Wang husband Ge then filed the charge by the legal representative name to the court, requested Shi, the electronic co. and insurance company to compensate 7.67 million Yuan.

The lawsuit requested that eliminates occurred medical service and disabled indemnity substandard, mainly for the following cost of treatment 5.44 million Yuan (according to 10 years computation, every day 1500 Yuan), nursing spends 1.34 million Yuan (according to 20 years computation, needs 2 people to nurse, everyone every day 90 Yuan). It is known that after the above-mentioned plan accepts, is called “sky-high price compensation case”, the object of procedure throughout history is highest in the Ningbo traffic accident person damage compensate dispute case.

In court trying, the plaintiff the following cost of treatment change is 2.56 million Yuan, nursing spends the change is 1357200 Yuan, the lawsuit target drops to 4.77 million Yuan. When holding court, the plaintiff and defendant both sides the legitimate rational difference which to the traffic accident responsibility ownership, the following cost of treatment and nursing spends are big. Is significant because of the case and complex, considered case particularity, after the hearing, the collegiate bench has not done judged in court, decided carries on the mediation to both sides separately.

After consulted repeatedly, both sides eventually reached the mediation agreement, the plaintiff always attained compensates 1.07 million Yuan, the insurance company compensated 120,000 Yuan in the mechanical transport accident risk compulsory insurance quota scope, the electronic co. besides the paid 149,000 Yuan, compensated 801,000 Yuan in addition, divided three times to pay in full before June 30, 2010. (End)

(This article originates: China News)