車禍過失致死,保險跟對方金額談不攏 - 開車

By Zenobia
at 2023-05-23T20:21
at 2023-05-23T20:21
Table of Contents
========================================
補充:
之前一直猶豫是否要發文請教版友,就是覺得會被離題的機率很高,
甚至被Uingu翻舊文說我嘴秋....
我開車二十多年來都是零肇責,沒有任何車禍或出險記錄,
即便如此,我還是願意每年多花三千多塊買個第三人險,以防萬一.
現在真的遇到這個萬一,我也沒想卸責或是想討拍,
就只是想針對保險公司和對方家屬求償談不攏的狀況尋求版友意見,
但是果然不少板友執著於支幹道這個點,
這個google 街景圖就是我車禍地點,
紅色箭頭是我的行車方向,黃色箭頭是對方的行車方向,
https://imgur.com/TnPVUMP.jpg
指責我的板友們,你們在此圖裡左側沒看到來車的情況,也真的會先停車再行駛嗎?
我真的沒有要爭論哪方錯比較多,
如果可以把自己的肇責提升到100%,讓保險公司多賠償給對方家屬,我也願意,
但是雙方肇責,或行車是否有問題,真的不是我發文要問的重點....
我在低速行駛下發生了一死一傷的重大事故,
心裡已經相當的難過,真的沒有想再跟各位板友爭論了,
也謝謝大家的回覆.
===========================================
兩個禮拜前行經無號誌路口,對方主幹道,我支幹道,
我時速30km以下,對方騎機車,速度應該差不多,
在十字路口處,發生碰撞,
對方機車雙載,騎車的8x歲老先生,送醫後不治死亡,近80歲的老太太多處骨折,
我方僅車損,(森林人總維修費用六萬五),
至於這場車速僅30的車禍卻會造這麼嚴重傷亡的原因,
我只能自行先推測,可能是對方完全沒發現到我車,所以沒有任何煞車動作,
直直的撞擊到我左前輪導致的.
整起車禍上對我不利的部份是支線沒有讓主線先行,
(雖然實際原因是道路設計不良,導致我跟對方看不到彼此,卻又會以為前方無車的錯覺)
(而此十字路口也無架設凸面鏡,看過行車記錄器影片的人皆想不透為何兩邊都沒發現對方)
(但此路口,里長也說常發生車禍,總之車禍內容大概如上述,有機會且允許的話我再補充.)
以下才是重點:
我有保第三人責任險及一千萬的超額,
現在對方家屬要求死者和傷者共800萬的和解金額,
與保險公司願意理賠金額差距過大,(應該差超過400萬)
對方家屬目前也表示不會退讓800萬這個金額,
沒有達成和解,他們就是除了公訴的過失致死外,另外再提告老太太的過失傷害,
我本人無前科,開車二十多年來也無任何車禍記錄,
現在在保險公司認定理賠金額與對方要求差距過大的情況下,
是否就只能被動讓對方走刑事及民事訴訟?
民事訴訟的部份很單純,法官判賠多少,保險公司就得乖乖理賠給對方,這點應該沒問題.
那刑事上我就只能因為保險公司不願理賠800萬,而我自己也無力負擔差額400萬,
就只能等候法官判決了,對嗎?
雙方沒辦法完成和解,所以至少有易科罰金的懲罰要負擔,
甚至還要擔心有可能判決更重,超過六個月以上,只能認命服刑?
法官是否會斟酌和解不成是因對方要求金額與保險公司談不攏而造成?
--
補充:
之前一直猶豫是否要發文請教版友,就是覺得會被離題的機率很高,
甚至被Uingu翻舊文說我嘴秋....
我開車二十多年來都是零肇責,沒有任何車禍或出險記錄,
即便如此,我還是願意每年多花三千多塊買個第三人險,以防萬一.
現在真的遇到這個萬一,我也沒想卸責或是想討拍,
就只是想針對保險公司和對方家屬求償談不攏的狀況尋求版友意見,
但是果然不少板友執著於支幹道這個點,
這個google 街景圖就是我車禍地點,
紅色箭頭是我的行車方向,黃色箭頭是對方的行車方向,
https://imgur.com/TnPVUMP.jpg

我真的沒有要爭論哪方錯比較多,
如果可以把自己的肇責提升到100%,讓保險公司多賠償給對方家屬,我也願意,
但是雙方肇責,或行車是否有問題,真的不是我發文要問的重點....
我在低速行駛下發生了一死一傷的重大事故,
心裡已經相當的難過,真的沒有想再跟各位板友爭論了,
也謝謝大家的回覆.
===========================================
兩個禮拜前行經無號誌路口,對方主幹道,我支幹道,
我時速30km以下,對方騎機車,速度應該差不多,
在十字路口處,發生碰撞,
對方機車雙載,騎車的8x歲老先生,送醫後不治死亡,近80歲的老太太多處骨折,
我方僅車損,(森林人總維修費用六萬五),
至於這場車速僅30的車禍卻會造這麼嚴重傷亡的原因,
我只能自行先推測,可能是對方完全沒發現到我車,所以沒有任何煞車動作,
直直的撞擊到我左前輪導致的.
整起車禍上對我不利的部份是支線沒有讓主線先行,
(雖然實際原因是道路設計不良,導致我跟對方看不到彼此,卻又會以為前方無車的錯覺)
(而此十字路口也無架設凸面鏡,看過行車記錄器影片的人皆想不透為何兩邊都沒發現對方)
(但此路口,里長也說常發生車禍,總之車禍內容大概如上述,有機會且允許的話我再補充.)
以下才是重點:
我有保第三人責任險及一千萬的超額,
現在對方家屬要求死者和傷者共800萬的和解金額,
與保險公司願意理賠金額差距過大,(應該差超過400萬)
對方家屬目前也表示不會退讓800萬這個金額,
沒有達成和解,他們就是除了公訴的過失致死外,另外再提告老太太的過失傷害,
我本人無前科,開車二十多年來也無任何車禍記錄,
現在在保險公司認定理賠金額與對方要求差距過大的情況下,
是否就只能被動讓對方走刑事及民事訴訟?
民事訴訟的部份很單純,法官判賠多少,保險公司就得乖乖理賠給對方,這點應該沒問題.
那刑事上我就只能因為保險公司不願理賠800萬,而我自己也無力負擔差額400萬,
就只能等候法官判決了,對嗎?
雙方沒辦法完成和解,所以至少有易科罰金的懲罰要負擔,
甚至還要擔心有可能判決更重,超過六個月以上,只能認命服刑?
法官是否會斟酌和解不成是因對方要求金額與保險公司談不攏而造成?
--
Tags:
開車
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