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再婚丈夫出事故 赔偿金哪儿去了

作者:admin  日期:2019-03-07 10:05  人气:
各自有过一段失败的婚姻后,玲玲和大强走到一起,两人外出打工,共同呵护这段来之不易的感情。可天有不测风云,在一场车祸中,男主人大强不幸身亡。
 
After their respective failed marriages, Lingling and Daqiang came together, and they went out to work together to protect the hard-won feelings. But unfortunately, in a car accident, the male owner Daqiang died.
 
 
 
虽说大强留下50万元死亡赔偿款,可由于是二婚,这笔钱一分也没有落到玲玲和她的亲生儿子——大强的继子良良手中。痛失亲人,生活窘迫,玲玲陷入了绝境。
 
Although Daqiang left 500,000 yuan in death compensation, it did not fall into the hands of Lingling and her biological son, Daqiang's stepson Liangliang, because it was a second marriage. Lingling fell into despair because of the loss of her loved ones and the embarrassment of her life.
 
 
 
近日,在法院主持调解下,玲玲与大强的父母、儿子达成庭前和解,玲玲分得9万元赔偿金,良良分得3万元。
 
Recently, under the mediation of the court, Lingling reached a pre-court settlement with her parents and sons. Lingling received 90,000 yuan in compensation and 30,000 yuan in good faith.
 
 
 
丈夫身亡,赔偿金妻子没份
 
Husband's death, wife's no compensation
 
 
 
玲玲和大强家住颍东区,两人均是70后。在各自经历了一段失败的婚姻后,2010年,两人经介绍走到了一起。
 
Lingling and Daqiang live in Yingdong District, both of them are after 70. After their respective failed marriages, they were introduced to each other in 2010.
 
 
 
大强有个未成年的儿子,父母年老体衰需要赡养。玲玲这边也有一个儿子需要按月给付生活费和学习费。虽然生活压力很大,可两人一点也不觉得累。为了更好地发展,两人携手到浙江打工。
 
Daqiang has a minor son whose parents are old and frail and need support. Lingling also has a son who has to pay monthly living and study expenses. Although life is stressful, they don't feel tired at all. In order to develop better, they went to Zhejiang to work hand in hand.
 
 
 
“是大强的家属么?他出车祸了。”2013年底,浙江某派出所的一个电话,将玲玲对生活的美好憧憬彻底打碎。很快,交警部门的事故认定出来了,大强正常过马路被超速行驶的车辆撞倒身亡,肇事车辆负事故的全部责任。经过调解,肇事车辆赔偿各项费用共50万元。
 
"Is he a strong family member? He had a car accident." At the end of 2013, a telephone call from a police station in Zhejiang completely shattered Lingling's vision of life. Quickly, the accident of traffic police department was identified. Daqiang was killed when he was knocked down by speeding vehicles when he crossed the road normally. The vehicles responsible for the accident were all responsible for the accident. After mediation, the cost of compensation for the vehicle causing the accident totaled 500,000 yuan.
 
 
 
赔偿款到账后,大强的父母拿出其中的5万元用于办丧事,大强的亲生儿子分得15万元,剩下的30万元被以第三方的名义存入银行。
 
Daqiang's parents spent 50,000 yuan on funerals, Daqiang's biological son received 150,000 yuan, and the remaining 300,000 yuan was deposited in the bank in the name of a third party.
 
 
 
庭前和解,纠纷终画句号
 
Settlement before court, ending the dispute
 
 
 
之后,玲玲提出应得其中的10余万元,遭到大强父母、儿子的拒绝。玲玲觉得,自己合法妻子的身份受到了质疑。此时,由于一段时间没有工作,玲玲的生活也变得拮据起来。为了维护自己的合法权益,玲玲将大强的父母、儿子三人告上了法庭,要求分配该得的赔偿金。
 
Later, Lingling proposed to deserve more than 100,000 yuan, which was rejected by Daqiang's parents and sons. Lingling felt that her legal wife's identity was questioned. At this time, Lingling's life became very difficult because she had no job for a period of time. In order to safeguard her legitimate rights and interests, Lingling took three strong parents and sons to court and demanded the distribution of the compensation she deserved.
 
 
 
法庭上,法官对这个家庭的变故深表同情。法官向当事几方宣传,再婚妻子有合法的继承权,理应作为第一顺序继承人来分配赔偿金。虽说良良没有和大强夫妻一同生活,但其按月领取生活费,形成了抚养关系,同样有继承权。玲玲考虑到大强父母的艰辛,表示愿意放弃一部分赔偿金。
 
In court, the judge expressed deep sympathy for the family's change. The judge propagated to the parties that the remarried wife had the legal right of inheritance and should be the first successor to distribute the compensation. Although Liangliang did not live with a strong couple, she received monthly living expenses, formed a maintenance relationship and also had the right of inheritance. Lingling, considering the hardships of her parents, expressed her willingness to give up part of the compensation.
 
 
 
经过调解,当事几方最终达成了调解协议,大强的死亡赔偿金扣除5万元丧葬费,玲玲分得9万元;大强的父母分别得到11万元;大强的儿子分得11万元,先前多分的部分交给大强的父母;大强的继子良良分得3万元。(文中人物均为化名)
 
After mediation, the parties finally reached a mediation agreement, Daqiang's death compensation deducted 50,000 yuan from funeral expenses, Lingling received 90,000 yuan, Daqiang's parents received 110,000 yuan, Daqiang's son received 110,000 yuan, the former part of the majority was handed over to Daqiang's parents, Daqiang's stepson earned 30,000 yuan. (All the characters in the article are aliased names)

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