1. Review of the case
On June X, 2011, Li X drove a rented car and hit the four-year-old boy Wang X while turning left at an intersection in a suburban town. hurt. According to the traffic accident liability determination document, Li , should follow the regulations: When turning left, turn to the left of the center line of the intersection. When turning on the turn signal, turn on the low beam headlights when driving at night." His behavior contributed to the occurrence of traffic accidents and caused the accident. The main reason: the party Wang X and the guardian Deng "Article 64, which stipulates that "preschool children, mentally ill patients who cannot recognize or control their own behavior, and intellectually disabled persons must be driven on the road by their guardians, persons entrusted by the guardians, or persons responsible for their supervision. ", protect the responsible person and lead", the role of his behavior in the traffic accident is the secondary cause of the accident; therefore, it is determined that Li X bears the primary responsibility for the accident, and the guardian of the party, Deng Deng X, X’s guardian, was responsible for the accident, but Wang X was not responsible for the accident. Wang X owned the property, and Li File a lawsuit in court and require the other party to compensate for various losses, including disability compensation, follow-up treatment expenses, nutrition expenses, nursing expenses, transportation expenses, food subsidies during hospitalization, mental damage compensation, etc.
2. Issues to note when preparing to file a lawsuit
1. Limitation of action
Article 136 of the "General Principles of Civil Law" stipulates that the limitation of action for personal injury compensation is one year. Here is an issue to pay attention to: 1. The statute of limitations of one year is calculated from the completion of treatment or the assessment of disability, not from the date of the accident.
2. It is necessary to examine whether the plaintiff has the qualifications to sue - that is, civil litigation. In terms of capacity, in this case, Wang X must be the plaintiff and his mother Deng If the household registrations are not in the same place, the lawyer should go to the police station where the household registration is located to issue a certificate to prove the legal agent relationship.
3. The defendant’s subject qualifications should be determined based on the circumstances of the case. Search for The traffic control department generally does not have one, so the lawyer has to go to the household registration management department of the public security department to check.
4. Information about the legal person of the insurance company. When handling an accident, the traffic control department will have an insurance policy issued by the vehicle owner. The name of the insurance company of the accident vehicle can be queried, but the legal person information of the insurance company will not be available. The lawyer needs to go to the industrial and commercial administration department to check.
Pay attention to a problem. Because insurance companies have many branches, sometimes the name of the branch on the insurance policy has changed, but the registration information of the branch cannot be found in the industrial and commercial administration department. In this case, you can try to query the superior of the branch. institution, and then use the branch as the subject of litigation.