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No. 2 of Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch): Chen [REDACTED] v. Tang [REDACTED], Ran [REDACTED], Insurance Company A, Insurance Company B, Insurance Company C, and Others (Dispute over Liabilities for a Motor Vehicle Traffic Accident)— The dispute over liabilities for an accident of chain collision involving several motor vehicles was resolved in a package manner by applying the model text
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最高人民法院发布第三批6件示范文本应用典型案例之二：陈某与唐某、冉某、甲保险公司、乙保险公司、丙保险公司等机动车交通事故责任纠纷案——应用示范文本一揽子化解多车连环相撞交通事故纠纷
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【法宝引证码】
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| ?No. 2 of Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch): Chen [REDACTED] v. Tang [REDACTED], Ran [REDACTED], Insurance Company A, Insurance Company B, Insurance Company C, and Others (Dispute over Liabilities for a Motor Vehicle Traffic Accident) | | 最高人民法院发布第三批6件示范文本应用典型案例之二：陈某与唐某、冉某、甲保险公司、乙保险公司、丙保险公司等机动车交通事故责任纠纷案 |
| — The dispute over liabilities for an accident of chain collision involving several motor vehicles was resolved in a package manner by applying the model text | | ——应用示范文本一揽子化解多车连环相撞交通事故纠纷 |
| [Basic Facts] | | 【基本案情】 |
| One day, the ordinary two-wheeled motorcycle driven by Chen [REDACTED] collided with the car driven by Tang [REDACTED]. When the two-wheeled motorcycle was overturned, it collided with the car driven by Ran [REDACTED], resulting in a traffic accident in which Chen [REDACTED] was injured and the three motor vehicles were damaged. The traffic police determined that Chen [REDACTED] and Tang [REDACTED] bore equal liabilities for the accident, while Ran [REDACTED] bore no liability. Tang [REDACTED] and Ran [REDACTED] insured their vehicles with Insurance Company A and Insurance Company B for the compulsory motor vehicle traffic accident liability insurance and the commercial insurance; and Chen [REDACTED] insured his two-wheeled motorcycle with Insurance Company C for the compulsory motor vehicle traffic accident liability insurance. After the accident occurred, the parties failed to reach an agreement through negotiation. Chen [REDACTED] filed a lawsuit with the Primary People's Court of Banan District of Chongqing Municipality against Tang [REDACTED], Insurance Company A, and Insurance Company B. | | 某日，陈某驾驶普通二轮摩托车与唐某驾驶的小轿车发生碰撞，二轮摩托车在侧翻过程中又与冉某驾驶的小轿车发生碰撞，造成陈某受伤、三车受损的交通事故。交警部门认定陈某与唐某对事故负同等责任，冉某无责任。唐某、冉某分别为其驾驶的车辆在甲、乙保险公司投保了机动车交强险及商业险；陈某为其驾驶的二轮摩托车在丙保险公司投保了机动车交强险。事故发生后，经协商无果，陈某将唐某及甲保险公司、乙保险公司诉至重庆市巴南区人民法院。 |
| [Application of the Model Texts of a Complaint and an Answer] | | 【起诉状、答辩状示范文本应用情况】 |
| Chen [REDACTED] came to the Litigation Service Center of the Court and submitted his complaint materials to the litigation service officer. Since he was unclear on how to accurately state the facts and grounds and which compensation items he should claim, the litigation service officer guided him in using the model text of a complaint for the dispute over liabilities for a motor vehicle traffic accident. By checking boxes and filling in blanks, Chen [REDACTED] claimed over ten compensation items including medical expenses, nursing expenses, and expenses for loss of working time and specified key facts including circumstances of the traffic accident, the determination of liabilities, and the insurance status of the motor vehicles, according to the prompts in the model text. In the course of filling in the blanks, the litigation service officer learned that Chen [REDACTED] hoped to obtain compensation as soon as possible and by following the instructions in the module "Preference for Dispute Resolution Methods" in the model text, explained to Chen [REDACTED] in details the advantages of preliminary mediation, which was time-saving, cost-saving, and settlement-facilitating. Upon full understanding of such advantages, Chen [REDACTED] checked the box to agree to preliminary mediation. The Court immediately commissioned a mediation organization to conduct a preliminary mediation of the dispute. | | 陈某来到法院诉讼服务中心，向诉讼服务人员提交起诉材料，因陈某不清楚如何准确陈述事实理由、应该主张哪些赔偿项目，诉讼服务人员指导陈某使用机动车交通事故责任纠纷起诉状示范文本。通过勾选和填空，陈某主张了医疗费、护理费、误工费等十余个赔偿项目，并根据示范文本提示，将交通事故发生情况、责任认定以及机动车投保情况等关键事实一一明确。在填写过程中，诉讼服务人员了解到陈某希望尽快获得赔偿的诉求，按照示范文本“对纠纷解决方式的意愿”模块的指引，向陈某详细介绍了先行调解省时、节费、促和的优势。经充分了解，陈某当场勾选同意先行调解。法院立即将纠纷委托调解组织开展先行调解。 |
| ．．．．．． | | ．．．．．． |
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