1, plaintiff
The plaintiff is the right holder of compensation, and the injured person himself is the injured person in the accident. According to the identity information of the injured, indicate the date of birth, gender, nationality, work unit, address and mailing address. If the unit property is damaged, the property owner is the plaintiff.
In a fatal accident, the right holder of compensation is the legal heir of the deceased, that is, parents, spouses and children are plaintiffs, and the date of birth, gender, nationality, work unit, address and mailing address are indicated respectively according to identity information.
2. Defendant
The defendant is the obligor for compensation.
In the first case, first of all, when the owner of the vehicle driven by the driver is the same as the driver, the driver is the defendant, and the date of birth, gender, nationality, work unit, address and mailing address are also indicated according to his identity information.
Secondly, if the vehicle involved in the accident has been insured with the insurance company for motor vehicle third party liability insurance, and the insurance company is also the defendant, it is listed as the defendant according to the name stamped by the insurance company on the insurance policy or insurance card, indicating the domicile of the insurance company.
In the second case, when the owner of the vehicle driven by the accident driver is not the same person as the accident driver, the accident driver is listed as the defendant, and the date of birth, gender, nationality, work unit, address and mailing address are stated according to the identity information, and the vehicle owner is also the defendant. If the owner is an individual, the date of birth, gender, nationality, work unit, address and mailing address shall also be stated according to the identity information. If the owner is a unit, the unit should also be listed as the defendant, indicating the domicile of the unit. Similarly, if the vehicle involved in the accident has been insured with the insurance company for motor vehicle third party liability insurance, the insurance company is also the defendant, and it is listed as the defendant according to the name stamped by the insurance company on the insurance policy or insurance card, indicating the domicile of the insurance company.
3. For specific claims, please refer to the traffic accident calculation table in the litigation guidance column of this site.
4. Facts and reasons:
You can write according to the accident facts identified by the traffic police department or the facts you know. At the same time, it States the facts that need to be explained, such as the identification of the accident by the traffic police department, the handling of the injured party, the property loss, the compensation of the accident party after the incident, and the insurance of the third party liability insurance for the accident vehicle.
5. The place where the complaint is written shall be signed or sealed by the obligee for compensation. If it is an injury accident, it shall be signed by the injured person; If it is a fatal accident, it shall be signed by the parents, spouses and children who are the heirs of the deceased; If the unit is the plaintiff, it will be sealed by the unit.
Examples of civil complaints about traffic accidents
Plaintiff: Wang×, female, Han nationality,1born on March 25th, 954, employee of Lanzhou×××× Co., Ltd.
Address: ××× Road 10 1 Room, Lanzhou City, and Tel: ××××××××
Defendant: Hu XX, male, Han nationality, driver of Gansu XX Co., Ltd.
Address: Room 672, XXX Road, Lanzhou,
Defendant: Gansu XXX Co., Ltd.
Legal Representative: Li×××
Address:No. ×× Road, Lanzhou.
Postal code: 730030 Tel: ×××××
Litigation request:
1. ordered the defendant to pay the plaintiff 80,000 yuan for personal injury (see the list for details);
2. Order the defendant to pay the plaintiff compensation for mental damage 1 10,000 yuan;
3. Compensation for the plaintiff's moped loss of 6000 yuan;
The legal costs of this case shall be borne by the defendant.
Facts and reasons:
On the afternoon of April 1 April, 2006, the plaintiff was riding a moped at the intersection of XX Road and XX Road in Lanzhou City, and was hit by a right-turn passenger car driven by the defendant Hu XX (brand name: Gan AA××××××), causing the plaintiff's head to fall to the ground directly and many injuries to his body, and the plaintiff's moped was seriously damaged. After the accident, the plaintiff was sent to the Second People's Hospital of Lanzhou for treatment. After outpatient diagnosis, the plaintiff suffered from skull base fracture, subcutaneous hematoma in the left temporal head, tenderness and deafness. It was later confirmed by the Traffic Patrol Detachment of the Public Security Bureau that the defendant was fully responsible for the above accident and the plaintiff was not responsible (see evidence 1). On June 18, 2006, the plaintiff confirmed that "skull base fracture caused by road traffic accident, headache and dizziness on the left side, and dysfunction of the left ear, which belongs to Grade 10 disability" (see Evidence 2). On July 30, 2006, the two sides could not reach an agreement, and the traffic police issued a mediation conclusion on road traffic accident damage compensation.
The plaintiff suffered from brain injury, and the Second People's Hospital of Lanzhou issued a notice of admission on May 9, 2006, requesting that the plaintiff be hospitalized. However, because the cost of hospitalization was as high as 654.38 million yuan, and the defendant refused to make any compensation at that time, the plaintiff had to give up the opportunity of hospitalization (see evidence 4). Now it has caused the plaintiff to have sequelae, such as headache, dizziness and tinnitus. And have to be dismissed by the original unit, so far can not go to work normally.
In addition, due to the accident, the plaintiff's moped was seriously damaged and is still in the defendant's place. Moreover, due to the defendant's failure to fulfill the obligation of repair and return, the moped has been scrapped, resulting in the plaintiff's economic loss of 6000 yuan.
To sum up, the plaintiff thinks that the defendant's behavior obviously constitutes infringement on the plaintiff, and directly causes personal injury and economic loss to the plaintiff. Accordingly, the plaintiff filed a lawsuit in accordance with the law to safeguard his legitimate rights and interests, and urged the court to support the plaintiff's claim.
I am here to convey
People's Court of Xx District of Lanzhou City
Tangible person (signature):
XX, 2006
Attachment: 1, 2 copies of this complaint.
2. Evidence 10, with pages of *** 13.
3. A copy of the plaintiff's ID card.
4. Information of the defendant.
Traffic accident indictment
Plaintiff: * * * *
Female Han nationality1948 was born in Zhengzhou City, Henan Province on September 5th.
Home address * * * * * * *
Tel: * * * * * *
Defendant: Shi Xiaoding
Male Han nationality1989 August 2 1 Born in Suizhou City, Hubei Province * * * * Tel * * * * * (now discontinued)
Litigation request:
1. The defendant compensated the plaintiff for medical expenses of 5,000 yuan, lost time of 4 150 yuan, nursing expenses of 2,000 yuan, transportation expenses of 880 yuan, nutrition expenses of 2,000 yuan, plastic surgery expenses of 2,000 yuan and rehabilitation expenses of 2,000 yuan.
2, mental damage compensation 2000 yuan, and apologize in person.
The legal costs of this case shall be borne by the defendant.
Facts and reasons
At about 8: 30 on July 20, 2008, when Shi Xiaoding was driving a Yuxing brand electric car along the agricultural route of Zhengzhou City from west to east to the intersection of Wenbo West, he collided with * * * who was crossing the road from north to south, causing * * * injuries and causing traffic accidents. * * * was sent to Henan Workers' Hospital for emergency treatment by 120 ambulance, and was transferred to Zhengzhou First People's Hospital for treatment on the same day.
The diagnosis of Zhengzhou First People's Hospital is as follows:
* * * * Right humeral fracture, head and face trauma, multiple soft tissue injuries.
Letter of Confirmation of Traffic Accident of No.5 Brigade of Traffic Patrol Detachment of Zhengzhou Public Security Bureau
No.200850334, select as follows:
According to Article 45 of the Traffic Accident Handling Procedures, "…… (1) If a traffic accident is caused by one party's fault, it shall bear all the responsibilities ……", Shi Xiaoding is responsible for the accident, but * * * is not.
After the accident, Shi Xiaoding could not actively cooperate with the treatment, but chose the Committee on the grounds that he had no money. Finally, the phone stopped, and people moved out of the rented house, and they couldn't contact each other anymore. Now their whereabouts are unknown. Before the accident, Shi Xiaoding injured his left hand and couldn't stop it. There was something wrong with the car's brakes. That's why he was driving at a speed of 32km/h (the speed of electric vehicles does not exceed the national standard 15km/h) in a busy city with many people, and Zhao Xinrong, who was walking on the crosswalk, was seriously injured. This behavior is not conducive to the road killer, causing great physical harm to * * *. However, considering that Shi Xiaoding is still young, part-time and uneducated (he didn't graduate from primary school), he just offered to pay for medical expenses. His family didn't scold him or beat him from beginning to end, but he didn't ask for money, which was irritating. In the end, he chose to avoid responsibility and never contacted him again.
In order to safeguard the legitimate rights and interests of the plaintiff, the plaintiff has filed a lawsuit in your hospital according to law. The lawsuit is as above, and I hope the judgment will be as it wishes.
I am here to convey
Zhengzhou Jinshui District People's Court
Prosecutor: * * *
September 20(th), 2008
A civil complaint should be written to sue the owner and driver and ask them to bear joint and several liability for compensation. The specific format is: civil complaint
Plaintiff: name, gender, date of birth, nationality, work unit, occupation, address and contact information.
Defendant: name, gender, date of birth, nationality, work unit, occupation, address and contact information.
Request: (state the purpose of bringing a lawsuit to the court).
Facts and reasons: (state the facts and legal basis of the prosecution or litigation request, including evidence and witness's name and contact address).
I am here to convey
Xxxx people's court
Tangible person: (signature by handprint)
* * * * Year * * Month * Day
Attachment: 1 X copies of this complaint (determined according to the number of defendants);
2.x pieces of evidence;
3. XXX copies of other materials.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.