Zhang is a rural hukou, but he has lived in Shangqiu for a long time and is engaged in car decoration. The taxi involved was contracted by Li, the second defendant, to Liu, the first defendant, and compulsory motor vehicle third party liability insurance was insured in an insurance company of the third defendant.
Plaintiff Zhang is represented by lawyer Cui Xiangdong, director of Henan Xiangdong Law Firm, and assistant lawyer:
The three defendants should pay Zhang's disability compensation according to the standard of urban residents while compensating Zhang's medical expenses and other losses. According to Article 76 of the Road Traffic Safety Law of the People's Republic of China, if a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third party liability insurance, so the third defendant insurance company shall first compensate Zhang for the loss caused by the traffic accident within the liability limit of compulsory motor vehicle third party liability insurance. Because Liu is the driver of the vehicle that caused the accident, Liu should bear the corresponding liability for compensation for the remaining losses beyond the liability limit of compulsory third-party liability insurance for motor vehicles. As the owner of the accident vehicle, Li should be jointly and severally liable for Liu's share of compensation. According to the Reply of the Supreme People's Court No.1 People's Court on How to Calculate the Compensation Fee for Rural Residents with Fixed Residence in Cities and Towns ([2005] Min Zi No.25), although Zhang is a rural hukou, he does business and lives in cities, but he does not make a living by farming, and his fixed residence and main source of livelihood are in cities. The relevant damages shall be calculated according to the 20 12 standard for urban residents in Henan province, and the disability compensation shall be 370,000 yuan. Liu claims that Zhang is a rural hukou. According to the rural residents' standard in Henan Province, the disability compensation should be130,000 yuan, which is against the law and cannot be established.
The court's decision supported the plaintiff's claim. At the same time, the three defendants were ordered to compensate for medical expenses and other losses, and the insurance company was ordered to compensate Zhang 1 10000 yuan and Liu 260000 yuan, totaling 370000 yuan in disability compensation.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.