TC
SUPREME
LEGAL DEPARTMENT
Case No.: 2015/4359 Decision No.: 2012/6111 Date of Decision: May 14, 2012
The plaintiff’s attorney stated that the plaintiff’s spouse, MH, had died in a single-vehicle accident while driving a vehicle covered by automobile insurance, and that the family was facing financial hardship. The attorney sought £22,308.62 in support for their daughter M., £8,818.37 in support for their daughter M., and child support for their son V. Additionally, the plaintiff’s attorney requested that the defendant be ordered to pay the portion of the funeral expenses amounting to $250.00 (including $8,628.01) and that the defendant waive the claim for funeral expenses during the hearing.
The defendant’s attorney argued that they were liable for actual damages based on the degree of fault and the policy limit.
According to the evidence gathered by the court and the accepted expert report, the decedent was entirely at fault in the accident; the operator—and consequently the defendant’s insurance company—is liable as a third party for the plaintiffs’ loss of support; and the plaintiffs H. is entitled to 8,623.01 £, M. to 8,818, 37, and V. a total of 39,750.00 U.S. dollars (including 8,623.01 U.S. dollars) be collected from the defendant with interest, while the claim for funeral expenses was dismissed due to waiver; it is understood that this decision was appealed by the defendant’s attorney.
Based on the information and documents in the file, particularly regarding the alimony calculation outlined in the actuarial expert’s report, which was structured in a manner consistent with the procedural irregularities underlying the judgment, that the plaintiffs filed the lawsuit not as the sole heirs of the deceased but as third parties deprived of alimony, and that the fault in the loss of alimony directly caused by the plaintiffs due to the death cannot be attributed to the plaintiffs;
Therefore, if the vehicle driver or operator is at fault, pursuant to the Road Traffic Law No. 2918 and the general terms of motor vehicle liability insurance, the vehicle liability insurer, the Insurance Company, the defendant,
and third parties shall be liable; or, in the event the operator is at fault and has provided full damage coverage for the drive, even if the claimant is deprived of support, since the third party is the injured party, the plaintiff will hold the defendant insurance company liable (pursuant to the Supreme Court of Appeals decisions No. 2011/17-142 dated June 15, 2011, and No. 2011/17-787 dated February 22, 2012, in accordance with Decision No. 2012/92), on May 14, 2012, it was unanimously decided to reject all objections not raised in the presence of the defendant’s attorney, to affirm the judgment found to be in accordance with procedure and law, and to accept the transcript set forth below.