Compensation case of secondary steel plate removal in traffic accident

Legal analysis: Basic case: On April 20, 2020, Gong was driving an electric bicycle. In order to avoid Gu's passenger car parked in the non-motor vehicle lane, it collided with Huang's bicycle, causing Gong and Huang to be injured, and Gong died after being rescued. Confirmed by the traffic police department, Gu and Gong bear the same responsibility respectively, and Huang has no responsibility. The accident caused the loss of medical expenses of Gong's first heir, Qian et al. 1 199804.50 yuan.

Judgment result: Qidong Court held that the traffic accident liability determination made by the traffic police department in accordance with legal procedures was legal and the conclusion was appropriate, which proved the facts of this case. According to the responsibility identification in the accident certificate, the insurance company shall bear 60% of the compensation liability for the losses beyond the compulsory insurance limit within the commercial insurance limit. It was ruled that the insurance company compensated Qian for a loss of 758,602.70 yuan within the limits of compulsory insurance and commercial insurance. After the judgment of the first instance was served, the insurance company appealed to Nantong Intermediate People's Court on the grounds that there was no lighting in the incident area and the accident liability recognized by the public security organ was flawed. After hearing the case, Nantong Intermediate People's Court held that the facts in the original trial were clear and the applicable law was correct, and the judgment upheld the original judgment and rejected the appeal.

Legal basis: Article 1 179 of the Civil Law infringes on others and causes personal injury, it shall compensate the reasonable expenses of treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and the reduced income due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.