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Hello, there is no relevant law for drivers to claim moral damages from passengers. You can give a ** to the customer. Let him go to you and withdraw the lawsuit from the relevant departments.
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It should be possible, you keep the relevant evidence, and you can sue the other party for moral damages.
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If it is determined that the passenger has made a false complaint, the passenger may be required to stop the infringement and apologize, but whether the claim for moral loss depends on the severity of the damage.
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Passengers make false complaints, and of course, the driver can assert his rights. If there is a loss, of course, it is possible to claim compensation.
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Hello. Of course, you can, especially when the other party has no evidence to complain, and you can ask the other party for mental damages if it has caused you such a big impact, including some major impacts on your life and spirit.
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OK. Compensation may be demanded for all kinds of losses caused by false complaints.
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The false surrender of passengers caused a bad response to the driver, and the driver can of course compensate the passenger for mental damage.
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Since it is a false complaint, then it will definitely have a bad effect on yourself, and you can sue him in turn.
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Generally speaking, it can be pursued, but only civil prosecution can be carried out, and generally speaking, the taxi company will not help the driver, so the driver is generally silent.
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Yes, the person who makes a false complaint should be held responsible.
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It is estimated that it is difficult to identify and compensate, after all, the passenger is the so-called God, and the other party can ask the other party to explain the facts and apologize. If necessary, a court action is required.
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You mean that the driver claims moral damages from the passenger, then you can go to your community's legal counseling department and ask, the community generally has free legal advice, you can ask.
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You can't usually find it back unless you sue him.
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So that there is conclusive evidence to be claimed.
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Okay, there's no need to dwell on it anymore, just complain and do your job well.
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If the passenger makes a false complaint. Adverse effects on drivers. You can go through legal channels to protect your rights and interests.
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This is a clear false accusation, and compensation can be claimed, but it depends on whether the consequences are serious.
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In this case, the passenger should apologize to the driver in person and admit his mistake, which is a matter of personal quality.
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Yes, you need to collect all the evidence and explain what bad effects you have received before.
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If a false complaint by a passenger has a negative impact on the driver, can Four Seasons claim moral compensation from the passenger? This is a civil conflict that can be resolved through negotiation.
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If a false complaint with a passenger has an adverse impact on the driver, the driver can recover a certain amount of losses through legal means through a claim.
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If a false complaint from a passenger has a negative impact on the driver, the driver can claim financial losses from the passengers, and as for moral damages, you should apply to the court to assert your rights and interests.
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If a passenger falsely complains about the driver, causing serious adverse effects on the driver, the driver can file a lawsuit with the people's court for compensation, thank you.
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If a passenger's false complaint has a negative impact on the driver, he or she can claim compensation for mental damage from the passenger.
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If a passenger's false complaint causes a negative impact on the driver, the driver may claim compensation from the passenger according to the actual situation.
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If a complaint against a class has a negative impact on the driver, the driver can demand compensation and a public apology from the passenger to recover the loss.
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If a false complaint from a passenger has caused a negative impact on the driver, of course, it is possible to claim moral compensation from the passenger.
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Reality is confused. Hong is the owner of a private enterprise. One morning at 8:00 he took a train from City A to City B, stopped a taxi, and told the driver that he had to rush to a hotel before 9:00 to sign the contract, otherwise he would lose 200,000 yuan.
The driver said there was no problem. Under normal circumstances, you can get to the hotel in half an hour, but because the driver detoured to refuel and encountered traffic jams during rush hour, it was 9 20 when he arrived at the hotel, resulting in no successful contract, resulting in a loss of 200,000 yuan in profits. Hong sued the taxi company, demanding 200,000 yuan in compensation.
Will Hong's request be upheld by the court?
Lawyer answers. This case involves the issue of the scope of compensation for breach of contract, and Hong's request should be upheld by the court. According to the first paragraph of Article 113 of the Contract Law of the People's Republic of China, the principle of full compensation is applied to the damages for breach of contract, that is, the breaching party shall compensate the victim for all the losses suffered by the victim due to his breach of contract, including the actual losses and the loss of available benefits.
In this case, the taxi driver should be familiar with the road conditions in City B and make a full estimate of the time and driving route. In fact, because of his fault, Hong did not catch up with the contract, resulting in a loss of 200,000 yuan in profits. Because he is a staff member of the taxi company, the responsibility for his actions should be borne by the taxi company, but after the taxi company compensates Hong, it has the right to recover from the driver.
Links to legal provisions. Contract Law of the People's Republic of China
Article 113:Paragraph 1: Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of the contract that the party in breach of the contract foresaw or should have foreseen at the time of entering into the contract.
A collection of jurisprudence. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, it shall bear the liability for breach of contract and compensate for the foreseeable losses caused by the breach of contract.
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You should be fully responsible. Because the person is in your car. You are obligated to get the person to their destination safely.
Your car should have occupant insurance. You can go to the insurance company to make a claim!
By the way, you are responsible for any safety problems that occur in your car. It doesn't matter if your car is a commercial car or not!
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Regulations of the People's Republic of China on Road Transport (full text).
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The ones above are all moved out"Regulations of the People's Republic of China on Road Transport (full text)."Oh, huh
There are many such cases, and the private car driver is responsible. He should give his friend a certain amount of compensation, of course, if the other party's vehicle has an obvious tendency to drive dangerously when driving at night, and the private car can't dodge, the private car can also investigate and collect evidence (it seems that the traffic management department will do to investigate the joint and several liability of the other party's vehicle (but this chance is too small. )
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The problem is not big on their own reconciliation, the settlement is not successful, generally to the traffic management department for administrative confirmation (generally to confirm the size of the responsibility of the parties in the accident), dissatisfied with this specific administrative act can apply for administrative reconsideration or directly file an administrative lawsuit to correct it. If the administrative confirmation is agreed, it can be used as evidence in subsequent mediation or litigation.
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Negotiate privately first, and if the negotiation is not appropriate, you can appeal. Regarding how to litigate and precautions for traffic accidents, you can refer to me to see it in detail, and they also have a technical analysis of traffic accident compensation claims, I hope it will help you.
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The two parties just can't solve it, and the court civil lawsuit resolves.
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If it does not constitute a crime, it shall be punished in accordance with the "Public Security Administration Punishment Law", and in addition to medical expenses, lost work expenses and other expenses, the parties may also request compensation from the court for moral damages.
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In general, traffic accidents are subject to personal injury compensation, and if the relevant laws and regulations are met, it is possible to claim for mental damages, but it is difficult.
The specific standard for moral compensation for traffic accidents shall refer to Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts, and the amount of compensation for moral damages shall be determined according to the following factors:
1) The degree of the infringer's fault, except as otherwise provided by law;
2) Specific circumstances such as the means, occasions, and methods of conduct of the violation;
3) the consequences of the infringement;
4) the infringer's profits;
5) the infringer's economic capacity to bear responsibility;
6) The average standard of living in the location of the court where the lawsuit is filed.
The principle of determining the amount of damages.
1. Supplementary application principle. This is equivalent to the "principle of spiritual comfort". In the case of moral damage, the method of non-monetary compensation should be applied first, and in the case that the non-monetary method of compensation cannot fully protect the victim and sanction the infringer, the supplementary method of monetary compensation should be used to provide certain comfort and compensation to the victim.
2. The principle of fair application. Some call it the principle of fairness or the principle of fairness and reasonableness. Where monetary compensation is used for moral damages, on the one hand, the civil sanction effect of monetary compensation should be considered to prevent the infringer from benefiting from the infringement, and on the other hand, appropriate compensation should be given to the victim based on the actual situation, so as to make up for the mental losses suffered, that is, not to suffer losses.
3. The principle of appropriate restrictions. Where monetary compensation is applied to compensation for moral damages, the amount of compensation shall be limited to a certain extent, with social fairness and justice as the main consideration, otherwise in practice there may be a situation where the price is exorbitant, which is not conducive to the realization of the true purpose of compensation for moral damages.
4. The principle of negligence. According to Article 11 of the 2001 Judicial Interpretation of the Supreme Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts, "if the victim is at fault for the occurrence of the facts of the damage and the result of the damage, the tortfeasor's liability for moral damages may be reduced or exempted according to the degree of his fault."
This article clarifies the application of the principle of negligence in the compensation of moral damages. The principle of negligence is an important principle in the assumption of civil liability, and the application of this principle in the compensation for moral damages is consistent with the concept of self-responsibility in civil law, and if the victim is at fault for his or her own moral damage, then it is contrary to this concept and unfair for the tortfeasor to bear all the responsibility.
5. The principle of judge's discretion. The so-called principle of judge's discretion is also known as the principle of discretionary evidence, that is, the law allows judges to exercise discretion according to the actual circumstances of the case and in accordance with certain rules and methods of mental evidence, so as to assess the moral damage to a definite amount. Of course, when this principle is implemented, judges should make a correct balance of interests and value choices based on the legal concept of fairness and justice, the actual situation of the case and the necessary circumstances.
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Being hit by a car, if it constitutes a disability, can claim the culpable party and insurance.
The company compensates for moral damages.
If it does not constitute a disability, it is estimated that the culprit party and the insurance company will not compensate for the moral damages, and even if the lawsuit is filed, the court will not support it.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents
Article 16: Where a motor vehicle that has simultaneously insured both compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") causes damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:
1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;
2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;
Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.
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1. It depends on whether the degree of injury meets the standard of compensation for mental damages;
2. The standard for supporting mental loss fees is different in different places, if it is in Shanghai, as long as you have a disability, you can claim mental loss fees;
3. Legal basis:
1) "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury" Article 18: Where the victim or the close relatives of the deceased suffer mental damages, and the person entitled to compensation requests compensation from the people's court for solatium for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make the determination.
The right to claim solatium for moral injury must not be assigned or inherited. However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.
1) The degree of the infringer's fault, except as otherwise provided by law;
2) Specific circumstances such as the means, occasions, and methods of conduct of the violation;
3) the consequences of the infringement;
4) the infringer's profits;
5) the infringer's economic capacity to bear responsibility;
6) The average standard of living in the location of the court where the lawsuit is filed.
Where laws and administrative regulations have clear provisions on disability compensation, death compensation, and so forth, the provisions of the applicable law or administrative regulations are to be applied.
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Yes, solatium for mental damages.
1) Concept: Solatium for moral damage refers to the fact that the victim and his close relatives have suffered great mental trauma in the case of serious personal injury, possible disability or death, and on this basis, the compensation obligor is required to give the victim and his close relatives a certain amount of compensation.
2) Legal basis: Article 18 of the Supreme Court's Interpretation of the Issue of Personal Injury.
If the company says so, it is infringing on your legitimate rights and interests, and you should be able to get your deposit back, (or the probationary period will be completed, or 7 days). If this is still the case, please find your local labor and social security department to assist you. >>>More