The family was hit by a car and injured, and the culprit has now changed his attitude and refuses to

If there is an accident, the person concerned should report the case in time. After inspecting the scene and ascertaining the cause of the traffic accident, the traffic management department of the public security organ shall determine the responsibility for the accident according to the causal relationship between the violation of the two parties and the accident and the role of the violation in the accident, and prepare a "Road Traffic Accident Liability Determination Certificate".

If the parties believe that the determination of responsibility is unreasonable and are not satisfied with it, they may apply to the public security organ at the level above for a new determination within 15 days of receiving the written determination of responsibility for traffic accidents, and the public security organ at the level above shall make a decision to maintain, modify, or revoke the decision within 30 days of receiving the application for redetermination. This is final.

After the public security organ determines the responsibility, it will impose administrative penalties on the parties involved in the accident in accordance with the relevant provisions on the basis of the facts of the violation and the responsibility for the accident.

If a party is dissatisfied with the punishment, he may apply to the public security organ at the level above for reconsideration within 15 days of receiving the punishment decision; The public security organ at the next higher level will make a reconsideration decision within 30 days of receiving the application for reconsideration. If the parties are still dissatisfied with the reconsideration decision, they may file an administrative lawsuit with the court within 15 days after receiving the reconsideration decision.

Generally, both parties are willing to negotiate and resolve the dispute on their own, and sometimes mediation is carried out under the auspices of the traffic police, so that the two parties finally reach an agreement on the issue of compensation. However, if the vehicle is seriously damaged or there are people** in the traffic accident, it is difficult to reach an agreement on the issue of compensation, and it is inevitable to file a lawsuit.

If the party involved in the accident hits your car and causes injury, the party responsible should generally be held responsible. According to the provisions of the Traffic Safety Law of the People's Republic of China, if a motor vehicle causes property damage or personal damage to others during driving, it shall be liable for compensation in accordance with the law.

However, it is important to note that in some special cases, you may also be partially liable. For example, if your vehicle has obvious safety hazards, such as broken tires, poor braking, etc., these factors may have an impact on the occurrence and consequences of the accident, resulting in you being held accountable.

Therefore, if you are involved in a traffic accident, it is recommended to contact the party responsible for the accident and the insurance company as soon as possible to understand the relevant insurance claim process and procedural requirements, and collect evidence as much as possible, including on-site **, accident reports, medical certificates, etc., so as to prove your rights and responsibilities if needed. At the same time, please also pay attention to strengthening vehicle safety management and maintenance, ensure that the vehicle is in good driving condition, and comply with relevant traffic rules and safe driving standards, so as not to bring unnecessary risks and losses to yourself and others.

If the other party is fully responsible, then there are people in your car who are injured, and it has nothing to do with you; If your car is also responsible, then you are responsible for the injured person.

First, the question is inappropriately worded. According to your description, it should have been a traffic accident and there were injuries, am I responsible? I was hit by the culprit, and the statement is wrong. Whose responsibility is not clear, both sides are suspected of causing the accident, who is the party responsible?

Second, if there is a traffic accident and someone is injured, the first is to rescue the injured, and the second is to call the police, and the traffic police will come to deal with the traffic accident, divide the responsibility, and show the traffic accident responsibility certificate.

Third, whether you are responsible or not, please see the traffic accident liability determination, if you have any objections, you can apply for reconsideration.

If the traffic police are that you don't have any responsibility, you don't have any responsibility.

If you are held responsible, it means that you will bear the corresponding responsibility according to the proportion of responsibility.

After collecting clues about the perpetrator's property, he went to the court to file a lawsuit to apply for property preservation, and at the same time claimed that the perpetrator and the insurance company insured by his vehicle should bear the tort liability.

The legal basis is the Civil Procedure Law of the People's Republic of China

Article 100: People's courts may, on the basis of the application of the opposing party, rule to preserve their property, order them to perform certain acts, or prohibit them from doing certain acts, in cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

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

III. Determination of Responsibility.

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.

Article 25: People's courts hearing cases of compensation for road traffic accident damages shall list the insurance company that underwrites compulsory traffic insurance as a co-defendant. However, the insurance company has already compensated within the liability limit of the compulsory traffic insurance and the party has no objection.

Where a people's court hears a case of compensation for damages caused by a road traffic accident, and the parties request that the insurance company that underwrites the commercial third-party insurance be listed as a co-defendant, the people's court shall allow it.

Article 26.

The infringed party died as a result of a road traffic accident and has no close relatives.

If the perpetrator refuses to compensate, the victim can file a lawsuit with the court to claim compensation for losses according to the accident responsibility determined by the traffic police. If the other party is a motor vehicle, the perpetrator and the other party's insurance company should be sued at the same time.

According to Article 74 of the Road Traffic Safety Law:

In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.

According to Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases:

The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

You should have called the traffic accident police **122 at that time! But now a few days have passed, and the scene has long since ceased to exist, unless there are surveillance cameras on the scene. Answer: However, it is okay to call 122 to call the police now, although there is not much hope, but it is also possible that the traffic police brigade will make an accident determination based on the available evidence materials, which will be beneficial to you.

If it is a traffic accident, whether the perpetrator's car number and name are left can be reported to the traffic police department, and the traffic police department shall answer and file a case when returning to the door. At present, it is mainly hospitalized**, and after being discharged, go to a judicial appraisal institution to conduct a judicial appraisal to determine whether it has reached the degree of disability, which is used as the basis for the calculation of compensation.

If the copy was not reported to the traffic police at that time, and there was no scene ** or related**, the traffic police generally handled it according to your two private affairs, and the other party shirked the responsibility must be that the amount of compensation is too high and is unwilling to bear all the responsibility. If reporting the case now may cause important differences in the responsibilities of both parties, it is now necessary to collect evidence in your favor and provide it to ** at most in the subsequent presentation of evidence, so that the other party can bear more responsibility and get more compensation. If the other party's vehicle has compulsory traffic insurance, you can find the other party's insurance company to reimburse the medical expenses that have been actually paid, and the other party is liable to pay 10,000 yuan for medical expenses.

Find the traffic police, see whose responsibility it is, and finally go to court.

The perpetrator hit my mother on a motorcycle without insurance, and he was slightly injured, and coaxed my mother to be discharged from the hospital, but the illness did not improve, and continued treatment, can I claim the cost of medicine?

Hit by a car, the perpetrator doesn't care what to do? The parties can report to the police to deal with it, or they can sue the court to protect their rights within one year of being physically violated. It can be claimed that the defendant should compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc.

Tort Liability Law: Article 2 Anyone who infringes on civil rights and interests shall bear tort liability in accordance with this Law. "Civil rights and interests" as used in this Law includes personal and property rights and interests such as the right to life, the right to health, the right to name, the right to reputation, the right to honor, the right to portraiture, the right to privacy, the right to marital autonomy, the right to guardianship, ownership, usufruct rights, security rights, copyrights, patent rights, the right to use trademarks, the right to discover, the right to equity, and the right to inheritance.

Article 3: The infringed party has the right to request that the infringer bear the tort liability. Article 16: [Compensation for Personal Injury] Where personal injury is caused by infringement of others, compensation shall be made for reasonable expenses such as medical expenses, nursing expenses, and transportation expenses, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of disability living aids and disability compensation.

If the death is caused, funeral expenses and death compensation shall also be compensated. The General Principles of the Civil Law stipulate: Article 135 The statute of limitations for filing a request to the people's court for protection of civil rights shall be two years, unless otherwise provided by law.

In traffic accidents, the compensation obligor (the perpetrator and the insurance company) to the victim includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses; If the victim is disabled due to injury, the compensation obligor shall also compensate for the disability compensation, the cost of disability assistive devices, the living expenses of the dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care and continuation; Where the victim dies, compensation shall also be made for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters. After the traffic accident, if the perpetrator escapes, he will be punished by law, and if he does not escape and ignore the handling of the incident, the parties can seek legal channels to apply for compensation for medical expenses. The law stipulates the standards for various amounts of compensation for traffic accidents, and the parties can judge the amount based on the above contents.

Legal analysis: The parties can report to the police, or they can sue in the court to protect their rights within one year of physical violation. It can be claimed that the defendant should compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a vehicle without a license or holding a scrapped motorized vehicle;

5) Driving with serious overload;

Summary. Hello.

I am fully responsible for driving and hitting someone, and now the family of the injured person is not cooperating, what should I do correctly.

Hello. The person who was hit by the car, are you talking privately? If the police had been reported at the beginning, the traffic police department would have intervened and dealt with it.

If the family members of the injured do not cooperate, first of all, you are fully responsible, which means that you have already borne all the responsibility, why do they not cooperate? If you don't cooperate, you can't continue to pay this compensation. So can they afford the damage caused by the collapse?

It's not private, it's not either. It's just that he doesn't cooperate with the normal procedure, and then the injured person checks out and the results are not anything to return, it's all good, it's all good, it's a minor injury, it's okay, and then you live in the hospital, you should buy fruit and buy it, you should visit it, and then he doesn't cooperate, and then I'm thinking about this situation, I'll go straight to the lawsuit?

Did you report to the traffic police department? Didn't the traffic police department give you the result of the processing?

Are those three trying to blackmail you for a sum of money, or do they have other ideas?

Is the injured person trying to extort you a sum of money? Or do you have something else in mind?

I reported it at the beginning, I reported 110 at the beginning, and then I reported 120 for insurance.

He's going to have to ask for something, right? If you don't bring it up, then it's not negotiable.

This is a typical trick. There were no injuries on his body. But he must be hospitalized. And then I want to drag you to offer to pay him how much money.

That's right, so, I just consulted, I don't want to take care of anything now, and I won't go to the hospital, and then let the traffic police team and the insurance company come forward to deal with it, and then if you want to fight a lawsuit, you will go through the normal process of fighting a lawsuit, that's how I think.

Yeah. If you encounter such a scoundrel, let the traffic police department deal with it.