After the traffic accident compensation agreement was reached, the victim could sue for compensation
2016-09-09 01:30:06
Release date: 2015-02-12 Author: Ni Xiaomin lawyer
[case]:
On August 14, 2013, the plaintiff Yang driving ordinary two motorcycles to Jiangxi province Wuyuan County town of Fu Chun on Hollywood Road, collided with the car of a defendant injured driver. The accident was identified by the traffic police brigade Wuyuan County Public Security Bureau, the plaintiff should bear the main responsibility for this accident, the defendant bear secondary responsibility. In October 21, 2013, the two sides of the traffic accidents in Wuyuan County Dispute Mediation Committee presided over the mediation agreement was reached, the defendant in addition to bear the medical expenses during hospitalization, the other one-time compensation for the plaintiff during hospitalization delay costs, nursing fees, food subsidies, nutrition fees and property loss fees totaling 6500 yuan, the defendant has all the money fulfilled. In February 12, 2014, due to the repeated eye wound pus, plaintiffs to Jiangxi Province, the Second Affiliated Hospital of Nanchang University hospital 2 times, the injury was diagnosed as right upper eyelid skin ulceration, right eye, right eye scar of rabbit eye upper eyelid skin scar and corneal ulcer in the right eye. On September 2014, the plaintiff will be told to the Wuyuan county court, requiring the defendant to compensate for lost income, late treatment costs, nursing fees, transportation fees and food subsidies totaling 27992 yuan.42 element.
The defendant respondent believes that after the accident, the plaintiff and the defendant have reached a settlement agreement, agreed to come into effect since the two sides signed the agreement, the matter so far, can not go back. After the entry into force of the agreement of the defendant to fulfill their obligations, and to the insurance company claims completed. Now the plaintiff and the prosecution to the court, there is no factual and legal basis, it should be dismissed the plaintiff's claim in accordance with the law.
Hearing of the case the court presided over the mediation, the mediation agreement: the defendant to compensate the plaintiff Yang Cheng lost income, late treatment fees, nursing fees, transportation fees and food subsidies totaling 27992 yuan.
[comment]:
The court held that the plaintiff and the defendant in a traffic accident in Wuyuan County Dispute Mediation Committee presided over by the mediation agreement, are both true meaning of that, and have been fulfilled, the compensation agreement in compensation for the project should be valid. However, because the two sides in the agreement did not involve the subsequent injury treatment costs, therefore, the plaintiff requests, and there is no contradiction between the mediation agreement, the plaintiff's petition and according to the law. The defendant argued that the two sides have reached a settlement agreement, agreed to come into effect since the two sides signed the agreement, the plaintiff give up all other compensation rights, will no longer be for any reason or require the defendant to bear the liability. This provision deprives the plaintiff's legal rights, the invalid provision caused by traffic accident and the plaintiff to Jiangxi Province, the Second Affiliated Hospital of Nanchang University between hospitalized Department of damages of the plaintiff and the defendant, so the defendant argued that reason inadmissible. The case is mainly related to the two focus issues.
First, how to determine the effectiveness of the road traffic accident compensation agreement?
Generally speaking, as long as the parties have full capacity for civil conduct, through equal consultation voluntarily reach a compensation agreement, and the agreement does not violate the mandatory provisions of laws and regulations, does not damage the public interests, the compensation agreement should be effective. In accordance with the provisions of the contract law, one of the following circumstances, the agreement should be invalid: 1, a party to fraud coercion of contract, damage the interests of the state; 2, malicious damage state, the collective or the third party interests; 3, legal form concealing illegal purposes; 4, harm public interests mandatory provisions; 5, in violation of the laws and administrative regulations. In the case of compensation for personal injury in road traffic accidents, the most controversial part is whether the compensation agreement is invalid or not. In accordance with the law, due to a major misunderstanding of the agreement, the agreement is unfair, or a party to fraud, coercion or exploitation, the other party to enter into a contract in violation of the true meaning of the agreement, the aggrieved party is entitled to petition the people's court or arbitration institution to modify or revoke. In practice, the case for re - compensation is more than a major misunderstanding and a significant loss of fairness. “ &rdquo is a major misunderstanding; from the point of view that the meaning, namely after the signing of the agreement when both parties for some reason on the situation judgment errors, have signed an agreement in a major misunderstanding the mentality, not its true meaning. And “ significant loss of fair ” mainly from the perspective of the consequences of damage. That is to say, the actual loss of the infringed party far more than expected losses, and the interest difference exceeds the limits permitted by law, which can be “ unfair ” grounds for the court to revoke the compensation agreement. Determine whether they are unfair should consider two aspects of subjective and objective, not only to see the victim when signing the contract is due to lack of experience and skills, on the behavior of the contents of the lack of proper understanding ability, but also great difference whether the protocol causes actual loss and expected loss. If the loss gap is not, or the parties contracting on the behavior and consequences of his understanding should be clear, not request to withdraw or change the agreement; on the other hand, may be requested to withdraw or change the agreement.
Two, on the road traffic accident compensation agreement on how to deal with?
The treatment of road traffic accident compensation agreement can be considered from the following several aspects: a look at the signing of the agreement is likely to be a factor in the consideration of disability. Suffer from traffic accidents and cause physical damage, may constitute a disability, should be considered for the traffic accident compensation agreement, unless the victim was obviously slight injury, such as injury without treatment or treatment, doctors told the slightly damaged, with minimal medical expenses etc.. If the parties in the public security organs have presided over the mediation, the aggrieved party may be disabled into account and solve the problems in the future also, the victim's claim should not be protected; on the other hand, the victim's claim should be protected. Two to see whether the agreement of the compensation section has been considered from a certain point of view in the future may be a new injury factors. The road traffic accident, some people in order to avoid infringement and compensation disputes happen again after the victim, often to relax the standard of compensation in the compensation agreement signed, or otherwise pay one-time subsequent compensation, in order to free &rdquo in “. In this case, the mediation agreement should also be considered that the victims have been fully considered in the future, and are willing to accept the future may find that the new injury is not the risk of additional compensation. Although this kind of agreement is signed, though there are &ldqThe risks and benefits of UO; ” coexistence, but once the parties reach a consensus, in any case can not go back; on the other hand, the project is still missing a compensation agreement should be compensated. Three to see if the agreement is a serious lack of experience and skills. Such as to constitute unfair, signing must be in the subjective and objective aspects have defects, which not only from the agreement won compensation and the actual compensation to determine the differences, but also consider signing the existence of defects on the experience and skills. This can be judged from the cognitive level of the parties, professional skills, and whether it is misleading, and other aspects of the use of such.
In this case, the plaintiff and the defendant in the Traffic Accident Disputes Mediation Committee presided over the mediation, the plaintiff due to defects of occupation skill, to the extent of injury can not correct cognition and foresight, resulting in the compensation agreement signed on the extent of injury are major misunderstanding “ ” &ldquo, signed with the aggrieved party; the future never held ” agreement, but the consequences from the objective facts and damage the case perspective, this agreement is invalid. As stated in the agreement reached between the parties for compensation for the project is clear, namely, follow-up treatment before hospitalization, the plaintiff lost income, nursing expenses and treatment expenses, does not involve the follow-up treatment costs, the plaintiff for follow-up after treatment of mental solatium and other expenses, i.e. the plaintiff in the case of the petition and project the road traffic accident compensation agreement listed in the project are not in conflict, and the mediation agreement in the amount of compensation and the actual loss is obviously a big gap, if the agreement was established, is obviously unfair to the victim. therefore, the plaintiff in the case of the litigation request should be supported by the law.
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