Hurry!! In a traffic accident, she over claimed me

If you have a witness or other information to confirm what you said, you can go to the traffic police department for identification and let the traffic police department issue a traffic accident identification letter to determine the responsibilities of both parties. Indemnity according to liability. It was impossible to compensate her so much.

It depends on whose testimony the judge uses in court. If the traffic police department cannot issue a certificate, you are very disadvantaged, after all, you belong to the strong party, you are the driver of the motor vehicle, and she is the driver of the non-motor vehicle. admit that you are unlucky, pay 2,000, if it doesn't work, you find a lawyer to give you advice, and if you don't give it to the lawyer, you will clearly tell her about the situation.

First go to the traffic police for identification.

The traffic police shall issue a liability judgment and notify the insurance company to come forward to deal with it. If he has a relationship, it's hard to say.

According to your description, it is very likely that the traffic police will harmonize you and determine your full responsibility according to the principle of protecting vulnerable groups (of course, provided that you have complete insurance). As for A taking you to court, it's nothing, as long as you have complete insurance, you can ask A to bring the insurance company to court as a defendant, so that basically how the court decides that the insurance company will pay for it, and the expenses you need to bear yourself may be some out-of-pocket drug items. There won't be much to lose.

The specific situation should be handled according to the accident certificate issued by the traffic police. In addition, it is not a bad thing for the other party to sue in court, because if you mediate through the traffic police department, you will have some medical expenses that cannot be claimed, such as Class C drugs. After going through the court, you can claim everything you have to the insurance company.

Joint and several liability means that each of you defendants is obliged to bear all the liability for Liu Qian, and then you will share it according to the corresponding proportion.

If it is not joint and several liability, it will generally be determined that it is 37 open, that is, you have to bear about 30%.

Since you have not violated the rules, it stands to reason that you should not be responsible.

For your accident, first of all, you have reported the case, you can contact the police directly, ** will ask the other party to pay, the process of compensation is that the party should first pay for your inspection costs, medicine, and your car maintenance costs, including clothes, and then he will use the invoice you handed over to him to the insurance company for accounting, the cost of insurance not paid should be borne by the person responsible for the accident, for the car collision person insurance will generally rely on some accounts, can not be compensated. But the compensation is not exhausted, and the responsible person bears it himself. If you ask the other party to compensate the other party for refusal, you can file a civil lawsuit directly with the court, because the police do not have the right to force the person responsible for the accident to pay money, only the court has it.

You can find a lawyer to help you write a statement of indictment for about $50, but you don't need to hire a lawyer. Because you are obviously responsible for this matter, he will sue for 200-300 yuan, and he will bear this cost in the end. You can also discuss it with the parties, because after all, there is no need to be so fierce when the matter is not big, but you must get the money when the invoice is handed over to him, otherwise you will have no evidence by then.

But the best thing to do is to go directly to the police. Because every time the police call the police, there is a record, and the police can detain the car if he does not lose money.

1. According to the situation you explained, first of all, the amount of your loss is not large, and the injury is not serious, so it is not recommended to take the method of litigation.

2. There are two ways to settle claims by yourself, one is that the perpetrator gives you money, you give the perpetrator invoices, illness, etc., and the perpetrator then finds the insurance company for reimbursement, and the other is that you go to the insurance company to settle the claim with the perpetrator or the perpetrator gives you a power of attorney and you go to the insurance company to settle the claim, and the insurance company will directly give you the money.

3. It is not advisable to hand over all the bills to the party causing the accident, and then pay you after the party settles the claim, if you give all the bills to the party causing the accident, you will eventually have to file a lawsuit without even evidence;

4. The lawsuit can list the driver, owner, and compulsory traffic insurance company of the vehicle involved in the accident as the defendant, and the court will file a lawsuit when the accident occurs, bringing your ID card, accident liability determination, and evidence of specific losses. The request item is the actual loss you have incurred;

5. Regarding the insurance company's statement that the head CT cannot be reimbursed, I think there is no basis and reason, in the event of a traffic accident, no one can be considered to be injured in the part without examination, and you complain of a headache when you are admitted to the hospital, so the head examination is also necessary, and secondly, what kind of examination to do is also decided by the hospital, so I personally think that your examination expenses should be compensated, and you can refer to Articles 19-25 of the Judicial Interpretation of the Supreme People's Court on Personal Injury Compensation for other specific losses and the calculation method.

Then take her to court.

Tell you the process.

First of all, the accident judgment of the traffic police and all the expenses incurred by the hospital at that time, including the cost of taking a public transportation vehicle when going to the hospital (to have a ticket), and then write an indictment, and sue the owner and the insurance company to the court, and the indictment can be written by yourself, including:

1. The accident process and the judgment of the traffic police;

2. The other party refuses to pay compensation and ignores the accident;

3. Your requirements (this requirement is very particular.

1. Require the other party to compensate for the loss of the vehicle and the hospital, examination expenses and transportation expenses; Clause.

2. Ask the other party to pay for nutrition expenses, which depends on the physical impact of the accident on you, if the accident does not have any great impact on your body, you should not offer too high a price, or the court will not support it; Clause.

3. Require the other party to pay the costs of the lawsuit. Before doing this, it is best to have a ** conversation or direct conversation recording with the other party, as a basis for the other party's unwillingness to compensate.

Finally, the indictment should be submitted to the district court where the accident occurred or the court where the other party's household registration is located, and then it can be approved.

Writing an indictment can be found on the Internet for reference, the trouble is a bit troublesome and delayed (but generally only a few months), but you can teach this kind of person regardless of the consequences, and you can also fight for your greatest rights.

If the accident is determined, it is not up to the insurance company to decide whether there is excessive medical treatment. If she doesn't pay, collect relevant evidence, and go to court. This kind of lawsuit is easy to fight.

Go to the traffic police team a few more times, if your uncle is not fully responsible (the perpetrator is likely to be fully responsible for escaping), at least the vehicle insurance company should pay the medical expenses within the liability limit, and you can ask the traffic police to come forward to notify the insurance company to pay;

If the owner of the car shields the perpetrator, he is also liable for legal responsibility.

Article 49 When the owner and user of a motor vehicle are not the same person due to leasing or borrowing, the insurance company shall compensate within the limits of the liability of the compulsory insurance of motor vehicles if a traffic accident occurs and it is the responsibility of the motor vehicle. For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Article 53 Where a driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurance company shall compensate within the limits of the liability limit of the compulsory insurance for motor vehicles; If the motor vehicle is unknown or the motor vehicle has not participated in compulsory insurance, and it is necessary to pay for the rescue, funeral and other expenses of the infringed person, the road traffic accident social assistance shall be paid in advance. After the social assistance for road traffic accidents has been paid in advance, its management agency has the right to recover from the person responsible for the traffic accident.

It is advisable to sue as soon as possible so that the issue can be resolved quickly.

First of all, apply for pre-litigation property preservation --- detain the car! After the vehicle is impounded, it is guaranteed that it will be compensated in the future.

Then, sue the driver and the owner of the car together and ask them to be jointly responsible.

Be sure to take care to preserve the evidence so that you don't find yourself in a passive situation.

I wish you all a speedy solution!