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You are responsible for 70 percent, which means that 30 percent of the cost is the responsibility of the other party.
You don't care about the other party's insurance, if the other party has an insurance claim, it can only be him, you have no right to claim from his insurance company, you only need to pay 30% of all the costs to the other party, and you can also claim compensation from the other party for part of the overhead. The exact number can be coordinated by the traffic police.
If the other party does not pay the money, they can file a lawsuit in court. Good luck.
There is no direct cause for this accident and the scrapping of your vehicle, take the traffic police accident certificate, directly sue the court, and list the other party's owner or insurance company as a joint defendant. Just find a lawyer, entrust it to him, and he will show you how to do it.
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If the negotiation does not succeed in suing the driver, the car owner, and the insurance company in court, you go to the insurance company to receive the money directly, which is unlikely to be so easy, and it is better to sue directly. Apply for a disability appraisal after filing a lawsuit.
According to the actual situation of the person, you can claim compensation from the responsible party, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.
Where the victim is disabled due to injury, it also includes disability compensation, expenses for disability assistive devices, living expenses for dependents, as well as necessary expenses actually incurred as a result of nursing care and continuation, nursing expenses, follow-up expenses, mental damages, and so forth.
The specific amount is calculated according to the actual bills, evidence, income, lost work time, disability level, household registration, local statistical data, living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated by the parties to the accident according to the proportion of accident liability.
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The other party is secondarily responsible, and it is correct that the compulsory traffic insurance only pays 10,000 yuan for medical expenses. The excess part shall be shared according to the proportion of liability, and the other party must compensate separately.
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This has to be considered in the whole case, and it may be 46 points, 37 points, 28 points, 19 points, and different situations are different.
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What the other party said is correct and should be handled in this way.
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The Interpretation on Compensation for Personal Injuries implements the principle of comprehensive compensation in terms of compensation items and compensation standards. Among them, the compensation items have been added to the ** fee and the follow-up ** fee, and the "disability compensation" has been replaced by the "living allowance for the disabled". It is embodied in the provisions of Articles 17 and 18 of the Interpretation on Compensation for Personal Injury:
1) The items of compensation for the personal injury suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
2) In addition to item 1, the compensation items for the victim's disability due to injury include: disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to ** care and continuation**.
3) Compensation for the victim's death includes: in addition to the expenses in item 1, it also includes compensation for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.
4) Solatium for mental harm suffered by the victim or close relatives of the deceased.
Compensation standard for traffic accident disability compensation:
Article 25 of the Interpretation on Compensation for Personal Injuries stipulates that disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.
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Compensation for the injury of the main responsible person in a traffic accident: 1. If the damage caused by a traffic accident occurs in a motor vehicle, the other party's compulsory traffic insurance company shall give priority to compensation within the limit of insurance liability. The insufficient part shall be shared according to the proportion of responsibility for the accident; 2. If the other party is a non-motor vehicle or pedestrian, according to the degree of responsibility for the accident.
Civil Code of the People's Republic of China
Article 1208.
If a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.
Civil Code of the People's Republic of China
Article 1213.
If the damage caused by a traffic accident of a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance;
For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract;
If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
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1. The two sides need to negotiate, and if the negotiation fails, the responsibility will be determined according to the results of the investigation by the traffic police department. In the case of traffic accidents, the traffic police shall issue an accident identification certificate to divide the responsibility, and all parties involved in the accident shall bear the liability for compensation in proportion. If you are not satisfied with the draft of the accident determination, you can apply for a review of the malpractice within 3 days.
2. The injured person can be assessed for disability after the end of the day, and the disability level is subject to the appraisal results.
3. Personal injury compensation items include: medical expenses, hospital meal subsidies and nursing expenses, lost work expenses, nutrition expenses, transportation expenses, disability compensation, mental damage compensation, disability assistive device expenses, living expenses of dependents, necessary expenses actually incurred due to nursing care and continuation, nursing expenses, follow-up expenses, etc. The exact amount of compensation will depend on the circumstances of the injury.
If the negotiation fails, the perpetrator and the insurance company can be sued for compensation.
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Summary. According to Article 3 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability, the compulsory insurance of motor vehicle traffic accident liability referred to in these Regulations refers to the compulsory liability insurance that the insurance company compensates within the liability limit for the personal and property losses of the victims other than the vehicle personnel and the insured caused by road traffic accidents of the insured motor vehicle.
The other party is mainly responsible for the injury in the traffic accident, and we are secondarily responsible, but there is no injury, and the vehicle is damaged, what compensation can we get?
Hello, depending on your situation, your secondary liability can be covered by bodily injury compensation or insurance compensation. <>
According to Article 3 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability, the compulsory insurance of motor vehicle traffic accident liability referred to in these Regulations refers to the compulsory liability insurance that the insurance company compensates for the personal and property losses of the victims other than the insured and the insured caused by the road traffic accident of the insured motor vehicle, within the limit of Zheng with liability.
In addition, car accident compensation first depends on whether the traffic police department has made a determination of responsibility for the accident. If it is your full responsibility, you shall bear all the losses of the accident if you are in arrears according to law; If both parties are at fault for selling potatoes, both parties shall share the accident losses according to the proportion of their own faults.
Depending on your situation, you can ask the other party to compensate you appropriately.
I am the secondarily responsible party, how should I bear if the other party's medical expenses exceed the part of our compulsory insurance?
Depending on your situation, you can negotiate with the traffic police or make appropriate compensation.
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Summary. Hello, in the event of a traffic accident, the other party is primarily responsible, your side. Life damage or injury can be within the limit of 18,000 by the insurance company, you can compensate for the excess part of the medical expenses can ask the driver to compensate, I hope mine can help you, I wish you a happy life.
Hello, in the event of a traffic accident, the other party is primarily responsible, your side. Brother Feng's life is damaged or injured is pants Chun can be compensated by the insurance company within the limit of 18,000 for your medical expenses, and you can ask the driver to compensate for the excess of medical expenses, Hu Jinai hopes that my can help you, I wish you a happy life.
In a traffic accident, the other party is mainly responsible, and the injured person is hospitalized, who pays for the medical expenses?
Medical expenses during hospitalization are paid by the insurance company in advance, or by the victim's side in advance, and then reported to the insurance for compensation.
The other party's main responsibility, the other party's hospitalization expenses, is it covered by my insurance or the other party's insurance? Counterpart.
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If the other party is primarily responsible for the traffic accident, the compensation for these expenses shall be made: 1. Medical expenses shall be determined according to the receipt voucher issued by the medical institution; 2. The compensation for lost work in the dust is determined according to the victim's lost time and income; 3. Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer; 4. Nursing expenses and accommodation fees, etc.
Article 1213 of the Civil Code of the People's Republic of China provides that if a motor vehicle is involved in a traffic accident and the damage is the responsibility of the motor vehicle, the insurer who underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
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