Colleagues married help, Ningbo man was accused of losing 120 thousand didadi

Ningbo man is married to help colleagues accused the court lost 120 thousand this is a happy event, he is kind help, but did not expect to get nearly two years of dispute, when the defendant and when the plaintiff, former colleagues called disappeared, Ningbo Ninghai Mr. Wang is really no place to say bitter. All of this, all from a car accident two years ago. Wang and Li Mouceng is a Ninghai auto 4S shop colleagues, two years ago, Lee Wang participated in the wedding invitation. On the wedding day, Lee several university students came from overseas, but Lee was not spare manpower to train station. Lee looked puzzled, Wang said that the initiative can drive their own cars to pick up. But never thought, on the way back to the car accident unfortunately, several people were injured. A few months later, the passengers sued Wang, the other owners and their insurance companies. The Ninghai court, remove the compensation of insurance company, Wang still need to undertake all types of litigation including personal charges about $120 thousand in damages. Later, Wang to find Lee negotiation problems about sharing economic loss. Wang believes that although the accident with Lee has no direct relationship, but not to help Lee to pick up the guests, he is not injured, but will not be charged for 120 thousand. This is a big loss, Wang wants Li Mouneng to share half. Unexpectedly, Lee insisted that Wang to pick up the guest is voluntary, and a car accident on his way there is no relationship with yourself, determined not to agree to share the loss, just went to Wang said "try to find an insurance company". The relationship between the two sides to each other, is also getting worse. The impasse continued until July of this year, Wang felt that further consultation has no effect, will Lee on the court, requesting compensation 60 thousand yuan. The judge to understand the situation, considering Wang and Lee before a good relationship, face-to-face mediation organization, invited both relatives and friends to participate in knowledge. Finally, the two sides have concessions, Lee Wang agreed to compensate the loss of 35000 yuan, and the money is settled on the spot. Ninghai court judge explained that the legal relationship of the case that there are some disputes. Focus on whether the two sides formed obligation helper relation. Such as the formation, according to the "Supreme People’s Court on Several Issues concerning the application of law in the trial of personal injury compensation cases the interpretation of" thirteenth "for others to provide free services for workers engaged in helper activities causing the damage, the helped party shall bear the obligation of compensation. Is to help workers clearly refuses the work, is not liable for damages."

同事结婚帮忙 宁波男子却被告上法院赔了12万本是一桩喜事,自己也是好心帮忙,没想到却惹来近两年的纠纷,当了被告又当原告,昔日的同事情分也消失殆尽,宁波宁海的王先生真是有苦没处说。这一切,都源自两年前的一场车祸。王某和李某曾是宁海某汽车4s店的同事,两年前,李某举行婚礼邀请王某参加。婚宴当天,李某几个大学同学从外地赶来,但李某一时抽不出人手去火车站接。看着李某犯难,王某主动说可以开自己的车去接一下。但万万没想到,回来途中不幸发生车祸,车上几个人都有不同程度受伤。几个月后,车上乘客起诉了王某、对方车主及双方的保险公司。经宁海法院审理,除去保险公司的赔偿,王某个人仍需承担包括各类诉讼费在内大约12万元的损失赔偿。事后,王某找李某协商关于分担经济损失的问题。王某认为,虽然当时发生的事故跟李某没有直接关系,但要不是帮李某去接宾客,自己也不会受伤,更不会因此被起诉赔偿12万。这一大笔损失,王某希望李某能分担一半。 没想到的是,李某坚持认为王某去接宾客是自愿的,而且途中发生车祸更是和自己没有任何关系,坚决不同意分担损失,只是一个劲跟王某说“尽量找保险公司”。双方互不相让,关系也越变越差。僵局一直持续到今年7月,王某觉得再协商也没有效果了,便将李某告上了法院,要求李某补偿6万元。承办法官了解情况后,考虑到王某和李某之前关系很好,组织面对面调解,邀请双方都认识的亲朋好友参与。最终,双方都有所让步,李某同意补偿王某损失35000元,并且当场就结清了钱款。宁海法院法官解释,本案的法律关系认定存在一定争议。争议焦点集中在双方是否形成义务帮工关系。如形成,根据《最高人民法院关于审理人身损害赔偿案件适用法律若干问题的解释》第十三条“为他人无偿提供劳务的帮工人,在从事帮工活动中致人损害的,被帮工人应当承担赔偿义务。被帮工人明确拒绝帮工的,不承担赔偿责任。”相关的主题文章: