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Chapter 532 Motor Vehicle Traffic Accident Liability Disputes (5)

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    Lin Ziyao went on to say: "Mr. Sun Yue signed the first agreement of the "Third Party Liability Insurance" with the defendant a insurance company: "During the insurance period, the insured or the legal driver allowed by the insured during the process of using the insured vehicle  In the event of an accident in the middle of the accident, causing the third party to suffer personal injury or direct damage to property, the insured shall bear the economic compensation liability according to law.  Responsible for compensation according to the provisions of this insurance contract.  "

    Lin Ziyao said: "Therefore, the compensation objects of compulsory traffic accident insurance and third-party liability insurance are the people outside the vehicle, not the people in the vehicle. According to the regulations on compulsory traffic accident insurance, the contract, and the third-party liability insurance contract, the defendant's refusal of compensation is not deliberate.  Avoid insurance liability, but make a reasonable plan according to the provisions of laws and regulations and the agreement of the contract. The defendant also knows that such a result may be unacceptable to the plaintiff and his family, but the plaintiff should understand that this is mandatory by laws and regulations  Sexual regulations and the characteristics of compulsory traffic insurance and third-party liability insurance insurance types.¡±

    Lin Ziyao's subtext is that the insurance company also acts in accordance with the law and the contract, and it is not impersonal.

    After Lin Ziyao finished speaking, Chen Rui went on to say: "Attention the defendant's attorney, Mr. Sun Yue and the plaintiff, Ms. Liu Mei, were thrown out of the car at the moment of the car accident, causing one death and one injury.  At that time, the identity of the plaintiff, Ms. Liu Mei, had changed from a person on the vehicle to a person outside the vehicle, and she was a victim defined in the compulsory traffic insurance and third-party liability insurance, and the defendant should not refuse compensation.¡±

    The focus of the dispute in this case is whether Sun Yue and Liu Mei, who were thrown out of the car at the time of the accident, were "people in the car" or "people outside the car."

    Lin Ziyao said: "The plaintiff, Liu Mei, was in the car driven by Sun Yue when the accident happened. The car lost control and hit the guardrail on the side of the road. Then she was thrown out of the car while the car was spinning out of control, that is, the accident happened.  At that time, Liu Mei did not leave the vehicle she was riding in, and belonged to the occupants of the vehicle. The plaintiff was thrown out of the vehicle as a result of the accident, so she could not become an occupant of the vehicle after being thrown out of the vehicle; in addition, the plaintiff was injured  Because of the impact of being thrown out of the vehicle, the injury was not caused by being hit or run over by the vehicle, which does not meet the definition of a victim in the definition of compulsory traffic insurance and commercial insurance."

    The corners of Liu Mei's mouth twitched, what Lin Ziyao said was exactly the same as the reason why the insurance company rejected her in the first place.

    If the court supports the insurance company's claim, then she will not get a penny of compensation. Thinking of this, Liu Mei's eyes are red again.

    Wang Meng asked: "Are there any additions to the facts?"

    Chen Rui said: "The plaintiff has nothing to add."

    Lin Ziyao said: "The defendant did not add anything."

    Wang Meng said: "The next step is to enter the stage of presenting evidence and cross-examination. The plaintiff is requested to present evidence first."

    Chen Rui said: "The plaintiff Liu Mei submitted the following pieces of evidence to the court: the first piece of evidence is the "Traffic Accident Responsibility Confirmation" issued by the traffic police department. The "Confirmation" records the circumstances of the accident in detail.  He was thrown out of the car, landed on his back, causing injury, and was sent to Huaihai No. 1 Hospital by 120 ambulance for treatment; the second evidence was the plaintiff¡¯s hospitalization certificate, bill of expenses, discharge summary,  Expense invoices, etc., to prove the plaintiff¡¯s medical expenses.¡± (Remember the website website: www.hlnovel.com
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