2023年6月3日 星期六

the civil case: the compulsory insurance include today before, exclude after tomorrow.

 the civil case: the compulsory insurance include today before, exclude after tomorrow.

the fact:
the 17th February 2023, 17:10 o'clock, on some place, traffic accident happen.
vehicle BOO-OO21: driver and owner Mr Lin.
vehicle EOO-OO36: driver and owner Miss Wang.

the probability cause of the accident on the initial judgment:
Mr Lin:
change the lane, without let straight vehicle first.
(traffic safe rule: article 98, 1, subparagraph 6)
Miss Wang:
(blank)

Mr Lin appointed Mr Xiao at mediation.

the actually record of the mediation clauses:
1.for Wang's damage of body and vehicle, Lin pay Wang 300 thousands new Taiwan dollars (same below) total, include compulsory insurance benefits before today, the 17th may 2023, exclude after tomorrow.
2. expiration of the payment : the 16th June 2023, transfer into the account(post bank:000000-0520000).
3. except the compulsory insurance benefits, both agree to give up the civil claim , both agree wouldn't pursue the criminal liability, complainant withdraw the criminal complaint.(ending)

the 18th May 2023, submit to the local court for the review.

the 25th May 2023, the judicial affairs officer disapproved the mediation.
the reason of the disapproving:
according the record of mediation:"Lin pay Wang 300 thousands new Taiwan dollars total, include compulsory insurance benefits before today" so on.
ostensibly, the 300 thousands not include Wang's whole damage for body and vehicle completely.
for this payment, which damage is the subject, such as medical expenses before someday, or salary some period, that should be written on the clauses, in order to avoid quarreling in future.

my opinion:
before the first January 2023, the mediation reviewed by judge,
have not yet be disapproved because of recording like this.

the judicial affair officer's "ostensibly", split into two.
first, write down the total, but not write down include the whole compulsory insurance benefits completely.
second, I should write down the subjects of the payment.

if I want to revise the clauses, is that deleting the "total" enough?
or adding the subjects of the payment?
recording such is trivial, unusual, and may be omit something important carelessly.

the agency of the insurance company at the mediation site, they had got the mediation recording copy, on the basis of that could pay off the insurance benefits.
if payment on time afterward, parties wouldn't ask me for the authenticated copy of mediation recording.

if revising need my extra hard work, in addition it is uncertainty approving or not.
I usually take the dossiers back in the cabinet, not revising.

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