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place of the accident is Driving the hospital grounds

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发表于 2014-12-4 06:17:34 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
Learn to drive out who should bear responsibility for the accident? Look at this from the typical case Siyang
Driving reversing student killed himself inside the dead bear responsibility for driving school coach to lose money,abercrombie outlet, insurance companies do not pay
Liu Ling Zhu Xiuqin peak
A driving school in Siyang, student Lin during practice reversing warehousing, mistakenly stepped on the accelerator, the injured died in the car teaching coach Lee. According to relevant regulations, Lee Lin accidental death can not claim responsibility, driving school coach Lee relatives in compensation 700,000 yuan, will be covered coach car insurance company to court, the insurance company believes that the trainees are driving without a license, Insurance companies are only responsible for the rescue advance fee. Recently, Siyang Court upheld the insurance company's point of view,hogan outlet, Driving lawsuit dismissed. Evening News correspondent correspondent Zhu Xiuqin Liu Lingyang sub peak
Playback accident
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Reversing student killed himself inside the coach Driving
October 2012, Lin attend a driving school course of study Siyang, Lee is responsible for directing the coaches. Library moved down during practice library (the car poured garage) projects, coaches Lee See reverse situation in the car, and guidance through gestures and language.
Library moved down libraries are learning to drive,abercrombie pas cher, there is a higher degree of difficulty of the course, Lin still did not practice a few times successfully storage drive. Lee Lin again require more practice and personally teaching on the side. Lin impatient panic mistakenly throttle as the brakes, the vehicle accelerated and rushed back and hit another car in the library,http://www.shujuquan.com.cn/home.php?mod=spacecp&ac=blog&blogid=, and hit two cars in the middle of Lee. After hospital treatment for several days, Lee eventually died due to a total cost of 29,132 yuan for medical expenses. Driving Lee paid the full cost of treatment, and through consultation, compensation of 700,000 yuan Lee relatives.
According to Article 20, paragraph 2, "Regulations for the Implementation of the Road Traffic Safety Law": "the students have caused road traffic safety violations or accidents, responsible for driving the coaches in the learning." Therefore, the coach Lee's accidental death Lin can not claim responsibility.
Lin driving instructor car motor vehicle insurance companies to pay high insurance, accident insurance during Shihai, Driving Fang Lee in compensation for the loss of relatives, we think that this incident should belong to the accident, the insurance company should be liable for compensation responsibility, it will sue the insurance company to court to request the insurance company liable to pay high insurance within the scope of cross-strong insurance to pay compensation in accordance with the agreed insurance contracts 120,000 yuan and bear the cost of litigation.
Trial focus
Recently, the court hearing the case in Siyang, both the original defendant did not dispute the fact that part of the accident,louboutin, but in the court debate stage, Driving party responsible for the accident and insurance companies have a greater commitment to respect the dispute.
Focus a student driving without a license,air jordan homme, insurance companies should bear responsibility?
"When the accident occurred, coaches Lee is not in the car, the car is only one person forest, but Lin did not get a driving license,peuterey, driving without a license. Under the law, unlicensed driving accidents, property damage victims The insurance company is not liable for damages. "Daimou insurance company representative said.
Driving Pengmou attorney believes that the insurance company underwriting the time, already know the coach car insured vehicle. Coach car driving license is to allow no access to qualified students through the study of disqualification, students practice in the use of the coach car is certainly no driver's license, "the insurance company agrees to coach cars were insured, shall be deemed a waiver of student learning driving without a license exemption defenses cause damage. "
Driving is very strong reason: insured vehicles are used to driving school teaching, accidents also occur in the process of teaching a driving school. Although the responsibility borne by the coaches,http://bbs.155.cn/home.php?mod=spacecp&ac=blog&blogid=, but the coaches are also victims, since driving school insurance company insured to pay high insurance, you have the right to claim compensation after the insurance company paid insurance.
The insurance company's agent Daimou said: "The students are driving without a license, no doubt under the provisions of, the driver driving without a license, the insurance company is only responsible for the rescue advance fee, and have the right of recourse to the virulence case. Driving rescue expenses of the deceased party has been given,http://www.bbstg.com/?http:/read.php?tid-74746-ds-1.html, the insurance companies do not advance. "
Pengmou retorted: "2012 implementation of the" road traffic accident damages hearing cases of judicial interpretation "stipulates that for drunk driving,http://www.vdaoyan.com/forum.php?mod=viewthread&tid=381511&fromuid=54876, driving without a license, etc.,tn pas cher, the insurance companies have the obligation of reparation."
The focus of the car and follow the guidance of two coaches considered as a "vehicle",http://zazna.com/selection/index.php?item/create_form/1?
According to the relevant provisions of the "Regulations for the Implementation of the Road Traffic Safety Law": "learning vehicle driving skills on the road should be used in the coach car, lorry carried out under the guidance of coaches, has nothing to do with teaching staff shall take the coach car." For Coaches Under the guidance of Lee's behavior whether the car "vehicle guidance",mulberry sale,http://www.pujiangcf.com/news/html/?269781.html, the two sides have a great difference.
"Vehicle guidance requires coaches in the car, in this case Lee in the car, if he has been teaching in the car, there will be no occurrence of this accident. Lee violated the road safety regulations, there is no fault itself." insurance company representative said Daimou
"Coach vehicle guidance is required on the road of learning,http://www.aurosiksha.org/login/index.php?item/create_form/1, in this case the library moved down the curriculum library, place of the accident is Driving the hospital grounds, it is not required to coach must guide in the car." Driving a lawyer Peng Mouli that refute.
Pengmou live example noted in the real teaching, students in the library when the library moved down to practice, hill-start other projects, coaches in the car, the car and the guidance of industry practice for many years. Everyone generally considered by coaches in the car, the car and guide better,nike tn pas cher, but the law does not expressly prohibit the terms, do not let the coaches guide in the car, therefore, whether the coaches guide students in the car or cars,http://www.postyournipples.com, are should belong to the vehicle guidance.
Court
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Driving instructor duty behavior is to bear responsibility for compensation
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Given the large differences between the two sides,woolrich uomo, the judge adjourned the collegiate.
According to the two sides debate and "Road Traffic Safety Law Implementation Regulations",air jordan, the court ultimately concluded that the vice cab coach cars are equipped with an auxiliary brake facility, in the event of unforeseen circumstances, the coaches can dispose of at any time, on the occurrence of accidents the preventive role. So, not because the prevalence of driver training industry under coach car, the car and directed most of the prevailing situation or understand bias, we believe that behavior is legal.
In this case, the participants in the case of Lin-directed individual coaches are not driving vehicle accident, should be deemed not to obtain a driver's eligibility situation. Under the new judicial interpretation, the insurance company shall bear the liability to pay high insurance, but damages to enjoy the right of recourse against the infringer.
And Article XX "Road Traffic Safety Law Implementing Rules": coach car accident by the coaches responsibility. Coaches case belongs duty behavior, according to the law should be liable Driving, Driving party has now compensate,scarpe hogan, so insurance companies do not have to advance.
Court judge then dismissed the plaintiff Driving party.
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