妻控夫疏忽駕駛 料獲賠逾10萬 多, 公司, 梅西

habitrailspace

[2010-04-28]

本報記者報道

卑詩省維多利亞市一個女子和家人一起外遊時，因為乘坐的汽車撞上公路上的野鹿而發生車禍，導致女事主受傷。由於卑詩保險公司（ICBC）拒絕賠償傷者損失，她轉而控告事件中負責開車的丈夫疏忽駕駛，最終打贏官司，估計卑保要向她賠償逾10萬元。車禍發生在2007年7月，女事主弗賴多尼（Jennifer Freidooni）與丈夫及孩子們，正駕車經16號公路（Hwy. 16）從亞省前往溫哥華。她的丈夫負責駕車，結果撞上一頭突然衝出公路的野鹿。
代表弗賴多尼的律師梅西奧（Wes Mussio）表示，女事主丈夫投保的卑保拒絕支付賠償，理由是「天災」（act of God）導致該宗車禍。
夫妻感情無損
梅西奧表示：「我們不得不控告她的丈夫，從而由卑保支付她受到的傷害賠償。」
卑詩最高法院上周五公布的判決書表示，婦人丈夫在法庭上承認，他當時駕車的時速超過了規定20公里，而且一邊聽音樂一邊駕車，法庭由此認定，他疏忽駕駛罪名成立。
梅西奧表示，無法準確估計卑保賠償的金額，但預料賠償金額將超過10萬元。他又說，預料卑保會就此案提出上訴。他透露，這次訴訟只屬事主家庭的法律策略，他們夫婦倆仍然快樂地一起生活。

Mini

浪費納稅人金錢嘅唔係嗰兩公婆，係 ICBC。你買保險，發生意外撞咗車，保險賠錢，冇問題喎。如果唔係買保險為乜？人哋又唔係呃保險，真係發生意外嘛。ICBC cheap 精唔想賠錢話係 act of god。咁落雨整到個地下濕晒冼呔唔通又係 act of god 囉喎？如果 ICBC 肯賠錢，就唔洗o徙納稅人錢去打官司啦。仲要打輸添。

Helissio

回復  Helissio


    based on what you said, if somebody drives a car carelessly and caused anythin ...
samsung 發表於 2010-4-28 19:42

Thats driving without care causing peoples death and thats a criminal offense, we are talking a single car accdient that no one got  injury seriously.
so what you are saying is if you hit a street pole in winter during snow time and the cop should send you to court and face criminal charges?

Mini

or at least a huge deductible... even if we got car break-in, we'll have to pay deductible to claim, ...
samsung 發表於 2010-4-28 10:57

This is a liability claim.  liability doesn't have deductible.

tofu

他當時駕車的時速超過了規定20公里，而且一邊聽音樂一邊駕車，法庭由此認定，他疏忽駕駛罪名成立。
if 一邊聽音樂一邊駕車 is a problem, can we sue the car/audio manufacture.  if the wife gets the money due to his 疏忽駕駛, then he should be in jail.  plus can they sue the wife for "assist or not stop her husband for 疏忽駕駛.

e.g. 10 cars got bumped & 20+ ppl died because of his mistake), still he only needs to pay $500? Isn't it unreasonable?
if that is the case, his basic insured amount probably not able to cover all the claims.

samsung

回復 13# Helissio


    based on what you said, if somebody drives a car carelessly and caused anything big & terrible (e.g. 10 cars got bumped & 20+ ppl died because of his mistake), still he only needs to pay $500? Isn't it unreasonable? It's so irresponsible for the pedestrian and other drivers' life wor

Helissio

dont get it.. why does the wife sue the husband? just to claim the awarded amount from icbc?
chocobun 發表於 2010-4-28 15:43

Basically yes. like what I said before, dunno why ICBC deny the wife's claim at the first place. imagine you were riding on your friends car and he hit a light pole (single car accdient) and it broke your leg, whould you sue the driver for compensation? same case here but its just the wife sueing her husband. and ICBC will pay because the husband got insurance and thats what insurance are for. and for the other guy said 疏忽駕駛罪名成立, it is true and it is not a crimal offend so no jail time, most likely he will get a $500 ticket for driving without care. (and cop always give out those ticket for single car accident)

chocobun

dont get it.. why does the wife sue the husband? just to claim the awarded amount from icbc?

samsung

or at least a huge deductible... even if we got car break-in, we'll have to pay deductible to claim, why not in an accident?

samsung

hey guys... you know what? I really think that her husband should be prisoned as the court has confirmed that he 疏忽駕駛罪名成立... if that's the case (his careless leads to accident), at least he should be the one paying for his wife's loss, not icbc.