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Judicial examination cases "explain the law by case": after being hit by a car, close the case first and then identify it, and then repent afterwards.
Judicial examination cases "explain the law by case": after being hit by a car, close the case first and then identify it, and then repent afterwards.

/kloc-Xiaodong, a 0/5-year-old boy, drove an unregistered electric car to pick up his classmates after school, and accidentally knocked down Wang Jun on the way, causing serious intracranial injuries, which constituted a five-level disability. After the accident, the two sides reached an agreement to compensate more than 80,000 yuan, but Wang Jun later went back on his word and sued the court. After hearing the case, the People's Court of Kunshan City, Jiangsu Province supported Wang Jun's repentance afterwards and ordered Xiaodong's parents to compensate Wang Jun for more than 752,000 yuan.

In September of 20 15, when Wang Jun was walking near a technical school, it happened that Xiaodong, a student of this school 15 years old, drove his classmate Xiao Qiang (16 years old) through this section. Because it was dark at that time, Xiaodong drove very fast and neglected to observe the road conditions. The car accidentally collided with Wang Jun, causing three people to fall to the ground and be injured.

When Wang Jun fell to the ground, he landed on his head and was seriously injured. He was immediately taken to the hospital for treatment. After diagnosis, Wang Jun suffered from intracranial hemorrhage and multiple skull fractures, and underwent craniotomy. Fortunately, the rescue was timely and life-threatening

After the accident, the traffic police brigade of Kunshan Public Security Bureau determined that Xiaodong's motor vehicle was not registered by the traffic management department of the public security organ and contained 12 people over the age of one. When passing through the road where the accident occurred, they neglected to observe the road surface and failed to take measures in case of the accident, which was the direct cause of the accident, and they should bear full responsibility for the accident, while Wang Jun and Xiao Qiang were irresponsible for their no-fault behavior in the accident.

20 16 1 month, Wang Jun's family and Xiaodong's parents reached an agreement through mediation, stipulating that Xiaodong would compensate Wang Jun for medical expenses, nursing expenses and other losses of 84,000 yuan at one time. After the agreement was signed, Xiaodong's parents paid 82,000 yuan to Wang Jun.

Unexpectedly, at the end of February, 20 16, 16, Xiaodong and his parents received the summons and responding materials sent by the court. It turned out that Wang Jun sued them to the court and demanded compensation for all the losses caused by the accident, amounting to1.2000 yuan.

During the trial, Wang Jun said that after reaching a mediation agreement with Xiaodong's parents, there would be further treatment and disability grade appraisal. According to the appraisal conclusion, the accident caused severe craniocerebral injury, leaving moderate mental disorder, which constituted a five-level disability, and the craniotomy area exceeded 6 square centimeters, which constituted a ten-level disability and required long-term care.

Xiaodong's parents thought that the two sides had reached a mediation agreement and paid the compensation in one lump sum. The agents of both parties have signed an agreement to confirm that Wang Jun is now suing for compensation, which has no legal basis and requests the court to dismiss it.

After trial, the Kunshan People's Court held that Wang Jun did not receive follow-up treatment and disability appraisal when signing the mediation agreement with Xiaodong's parents, so there was a big misunderstanding about the degree of his injury when signing the compensation agreement, and the compensation amount in the mediation agreement was 10 times different from the actual loss in Wang Jun. If compensation was only made according to the content of the mediation agreement, it was obvious that obviously unfair, the victim now demanded compensation according to his actual loss, and the court supported it.

Combined with relevant expense vouchers, the court ordered Xiaodong's parents to pay Wang Jun more than 752,000 yuan. Neither the original defendant nor the defendant appealed after the verdict was made.

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