Use all kinds of skills comprehensively to maximize the interests of the parties

Jin Yan lawyer Chen Deguang agent a traffic accident case, trial court is Zhejiang Jinhua Wucheng District court, the general case is, in October 2020 in Zhejiang Jinhua Wucheng District, Wu drunk driving hit in the improper parking position of the car driven by Lu Yi, the ownership of the car is Lu Jia, Lu Yi is Lu Jia's uncle, Lu Yi is Henan, the elderly migrant workers in Zhejiang; Wu driving the car has a passenger Jin, Jin and Wu relatives, the accident caused by the passenger Jin injured in the hospital, the traffic police identified Wu bear the main responsibility for the accident, Lv Yi bear the secondary responsibility for the accident. Jin injured more serious, treatment for nearly two years, after the complaint to the court, the total loss required by the complaint is more than 440,000. Wu's car and Lv Yi's car were invested in two insurance companies with compulsory traffic insurance and commercial three liability insurance.

Basic case

Jin sued Wu Mou, Lu Jia, Lu Yi, two insurance companies, Jin Yan lawyer Chen Deguang agent Lu Jia and Lu Yi, first and Lu Jia vehicle insurance company (hereinafter referred to as our insurance company) agent lawyer communication, obtain the cooperation of our insurance company, our insurance company agreed to compensate within the scope of legal provisions, but the legal costs, appraisal fees, Our insurance company does not promise to compensate for the costs of medical insurance, and Lu Yi will bear the costs of these three aspects in proportion even if the court makes a judgment. At that time, I had already made this explanation to Lu Jia and Lu Yi, and Lu Jia and Lu Yi also understood. But afterwards, I considered that if the court ruled that the case was closed, Wu (the relative of the plaintiff) should be judged to bear the main responsibility, because the plaintiff, as a passenger, took the vehicle's traffic force insurance and commercial three liability insurance is not used, even if the car has the liability insurance, because Wu is drunk driving, the insurance company will not compensate, and the plaintiff and the driver Wu is related. If it is true that the judgment lets Wu take the main responsibility, the relationship between the two sides will be more rigid, I seize the psychological characteristics of the plaintiff and Wu, actively do work for the plaintiff, and try to match the plaintiff and Wu to reach a mediation.

This case was held in the midst of the epidemic at that time, and the first trial was held online because of the long journey. During the trial, all parties expressed their views. The matchmaking work I did was after the court hearing, because I knew that the judge also wanted to resolve the conflict through mediation, and the plaintiff and his relative Wu did not want to make the relationship too tense. The purpose of suing was actually to get our insurance company to make compensation, and I also helped our insurance company to make compensation, I said that even if the court ruled that your insurance company should also make compensation. The liability cannot be exempted. If you cooperate, I will persuade Lu Jia to continue to apply for insurance in your insurance company. Therefore, our insurance company also agrees to pay compensation regardless of the judgment or mediation. I know that if the court makes a judgment, Lui B will certainly have to bear the above three fees, but if mediation is conducted, Lui B may not bear the above three fees. In this way, I also said to the plaintiff that even if the mediation of our insurance company is willing to pay full compensation, your relative Wu is drunk driving, you take the vehicle insurance company can not pay compensation, the judgment is your relative Wu to bear all the compensation amount, you are riding your relative's vehicle, there is no need to make the relationship so dead, reach a compensation amount on it. As a result, under the persuasion of the judge and I, the plaintiff reached a compensation amount with Wu. In the course of mediation, I also said that Lui Jia was the owner of the car, but he was not the actual driver and he could not bear the liability, so Lui Yi, the actual driver, could only be held liable and the corresponding legal costs, appraisal fees and medical insurance expenses would not be too much. It is very difficult to implement, since I have done the work of our insurance company, our insurance company can pay full compensation to you, and you do not care about the cost of Lu Yi, so the plaintiff agreed to waive the cost that Lu Yi should bear, and the court issued a mediation letter accordingly, and the case was satisfactory.

Case analysis

From the handling process of this case, Jin Yan lawyer Chen Deguang realized that in order to get a good result of the case, we should not only master the relevant legal provisions, explain the possible outcome of the judgment to the other party, but also grasp the psychological characteristics of the other party, and analyze the advantages and disadvantages from the perspective of the other party, in order to make the other party accept the case, get a satisfactory result, and maximize the interests of the parties.

Lawyer's introduction

Mr. Chen Deguang is a practicing lawyer at Jinyan Law Firm. With good legal theoretical foundation and long-term judicial practice experience, he has a steady, efficient, meticulous and rigorous case-handling style, and has accumulated rich case-handling experience and case-handling skills that have been praised by clients. Motto "Pursue the maximization of the legitimate rights and interests of the parties."

Specializes in criminal cases, commercial economic cases, non-litigation legal services, real estate, corporate affairs.

Contact information:

Phone: 13803919916

Email: Cdg668@163.com