Synthesize the latest information, listen to the opinions of the traffic police and give you a reference.
A letter of understanding is an additional payment given in addition to insurance compensation.
Generally, it is the local average salary for two years (for example, the data released by the Human Resources and Social Security Bureau is 80,000 a year, which is 1.6 million).
Generally in the range of 1.5-0.2 million.
The traffic police said that the drivers involved in the accident were not very rich, especially the truck drivers, and the extra compensation was about150,000. The highest amount he handled was 300,000 yuan, and the figure of 500,000 yuan probably didn't exceed 10 in recent years (this is still in the case that there are many rich local bosses, and "Chicken Feathers Fly to Heaven" is a TV series adapted by real people here).
As the families of the victims, most people suggest that our family should mainly ask for more money. I also met a keyboard man in the group, saying that how much punishment the other party sentenced has nothing to do with your family. Moreover, with so many fatal traffic accidents every year, why should the judicial organs punish criminals for your family? This really explains the meaning of the idiom "the law does not blame the public". . .
Two weeks before the negotiation of additional compensation. The driver of the accident is still in a low price attitude. I wonder, these friends who criticize me all day because I don't know that money is very helpful for my mother to see a doctor, do you really think that asking for compensation beyond the legal provisions can be done just by talking? Every day since my dad died, I have been trying to run my own treasure shop except going through procedures and enduring unreasonable questions or beatings from relatives and friends. Why don't I know the importance of money?
Others say that the elderly have rich social experience, and the more they listen to their ideas at this time. But your age has nothing to do with your legal knowledge.
Case 1 My mother didn't know about "the joint property of husband and wife".
My mother said that as long as the money in my father's account is transferred to her name, it will be hers, because it does not involve inheritance division and has nothing to do with others.
...... Article 1062 of the Civil Code: The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife. Do this division first, and then divide the inheritance. So my grandmother and I have 1/6 husband and wife * * * property respectively.
Case 2: My dad's friend asked me and the traffic police not to tell the truth in order to reduce the responsibility and pay more compensation.
My father went out at noon, but the accident happened at night. An uncle friend told me that you told the traffic police that your father went out at night (to lighten your family responsibilities).
I was shocked, not to mention the serious consequences of perjury. The traffic police will check the surveillance video. If he finds that the surveillance video doesn't match what I said, then my testimony will be hard to believe. I said that this kind of behavior belongs to obstruction of judicial justice (there is no such concept in our country's law, but I have watched more Hong Kong dramas myself), which is absolutely impossible.
In case 3, the father's friend and mother said that the letter of understanding had little influence on the judgment and was unrealistic.
A friend of my dad's is the captain of the traffic police team. He told my mother on the phone that the letter of understanding had little effect on the judgment, so just take the money. Because of each other's identity, my mother immediately believed each other's story.
I told this story to a net friend. He said (on the other hand, you think) that if this letter of understanding has little impact on the judgment, why did they pay such a large sum of money for your letter of understanding?
Teacher Luo Xiang said that some questions in the law exam were written wrong by law students, but the students majoring in illegal activities got correct answers. This is because illegal students have common sense. Indeed, although some problems have risen to the level of law and even criminal law. But through common sense, reverse thinking or other methods, we can also find out which statement is closer to the truth.
My mother said at home that she would ask people for money in a noisy way (calling my parents and friends and so on). Why did I say that asking for more money is easy to become illegal? It's not that it's illegal to ask for more money, but to deliberately make the other party lose more money, and the incident will probably develop into illegal thinking. Now it seems that case 2 and case 3 prove that my previous prediction is unfounded and there is a reason.
If you are a family member of the victims, you must sign a contract (compensation agreement), a contract, and a contract.
People around you will only tell you to sign a letter of understanding with more money, and will not take the initiative to remind you to sign a contract about extra compensation. After consulting a lawyer, I learned that if it is not mentioned in the compensation agreement, people can ask for their money back on the grounds that "your actual loss is not that much money", which has certain legal risks.
It is best for all heirs to sign compensation agreements and contracts, but not all of them, and try to sign more than half of them. Heirs read wills with wills and read civil codes without wills. For example, in my family, my father died in a car accident, and my grandfather was gone before. The first heirs are my mother, my milk and me.
I think if they really give advice to my family, they should tell my mother all the complete legal procedures or legal risks brought by asking the other party for extra money. For example, this matter needs my grandmother to know and sign. If she knows later that her views are different from my mother's, she can protest on the grounds that she has not signed the relevant legal documents. Just because she didn't sign it doesn't mean she agreed. I didn't ask my mother to get the money quickly before talking to the other party, but I signed a letter of understanding for others at that time.
I'm not interested in these compensations anyway. I am a young man and don't have much money. But as a Taobao shop owner, customers who charge more than 10 yuan are tired of bargaining for business. No matter whether the other party finally decides or not, as the victim's daughter, I will never use my life to bargain.
As the saying goes, "take people's money and eliminate disasters for others." Although the book hasn't come out yet. But if the other party is responsible (my father died on the spot) and takes other people's money, it will be difficult for us to take the initiative in many things afterwards. If someone asks us to plead in court, or the opposing lawyer makes a similar request, we can only act according to the other person's face when we get more money. I wouldn't do such a thing for money.
Is it meaningful to kill yourself for compensation after everyone has left? I'm not saying that I'm against the choice of other victims' families and insist that drivers pay more compensation. I think this is a personal choice, there is no right or wrong. )
After my uncle was in my house before, I blamed my uncle for not saying hello to my mother and directly refused my neighbor's help (accompanying my mother to some places to do things). As a result, he thought I didn't cry and get up early to receive guests (I was waiting for the hearse in the emergency room with my mother, woke up, and then I was busy with the formalities. I didn't get up in the morning because I thought my father couldn't sleep and didn't have the energy to chat with people outside. He hit me and swung a solid wood chair at me. Finally, the chair fell to the ground before my eyes. The day after he flew back to work, he also arrested me on WeChat, which made me seriously reflect on myself. I wonder why we who are alive can't continue to live well without anyone.
I can't say that I am right, nor can I say that my uncle's criticism is unreasonable. But such a small contradiction, beating people without communication, did not see that he had no say in my father's affairs. If my relatives who watched me grow up beat me, I wouldn't say anything. I haven't contacted for more than ten years, but I don't ask myself what my niece does first. The last time I hit my daughter was a few years ago. ......
Another comrade-in-arms of my father's army complained that my mother and I were not "perfect victims" (for example, I didn't look for my father everywhere on the road that day, and I thought my father had gone to have dinner with fellow villagers that day, so I came home late), and also blamed me for not supporting my mother well and making her look old and weak. My father is a doctor by profession. He just left. Moreover, my mother's first debtor is my father, and I am legally obligated to my mother, but I am behind my father. I don't know whether he blames me or my father, but I dare not say this sentence, for fear that my mother will be more unbearable when she hears it.
"Your father can't be resurrected after his death, but we can still make our hearts feel better by making things difficult for your daughter." I was really "persuaded" by the so-called elders or friends with this logic.