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In this case, you must get the traffic police responsibility certificate, and then hand it over to the insurance company to pay according to the liability. If you are fully responsible, then the insurance company you bought will pay for it, but in the case that the other party has to buy compulsory insurance, the other party will compensate you for 400 yuan of car damage.
The percentage of compensation for primary and secondary liability for traffic accidents is 3:7, i.e. 70% of primary liability and 30% of secondary liability. However, the premise is that the compensation part of the compulsory traffic insurance is compensated first, and if the compulsory traffic insurance is insufficient to compensate, it will be borne according to the accident liability.
That is, if both parties do not have insurance, the primary liability compensation is 14,000 yuan, and the secondary liability compensation is 6,000 yuan, depending on the negotiation between the two parties.
Divide by. The division of liability for traffic accidents is based on the determination of liability for traffic accidents. There are uniform provisions on the determination of traffic accident liability in China, which are divided into full liability, primary liability, equal liability, secondary liability and no liability.
A series of laws such as the General Principles of the Civil Law, the Tort Liability Law, the Road Traffic Safety Law, and the Interpretation of Personal Injury Compensation have made a rough division of the liability for traffic accidents on the basis of the determination of traffic accident liability. The details are as follows:
1. If the driver or pedestrian of the non-motor vehicle is not at fault, the motor vehicle party shall bear all the liability for compensation.
2. If the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall bear no more than 10% of the compensation liability.
3. If neither the victim nor the motor vehicle is at fault for the occurrence of the traffic accident, both parties shall share the losses.
4. If the traffic accident is intentionally caused by a non-motor vehicle driver or pedestrian, the motor vehicle party shall not be liable for compensation.
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There is a premise for you to pay out your own car damage insurance.
If you have not given up your claim to the other party, the other party and the other party's insurance company do not cooperate with the compensation, and you must complete the relevant procedures.
The premium will return to the original price in the second year after the compensation by your own insurance company, so try to let the other party compensate.
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In the compulsory traffic insurance, the compensation limit is stipulated for the situation that the accident party is responsible and not liable: (provided that both parties are insured with compulsory traffic insurance).
The party responsible for the accident is liable for the compensation limit for the property loss of the third party is 2,000 yuan;
The party involved in the accident is not liable, and the compensation limit for the property damage caused by a third party is 400 yuan;
Two-vehicle accident) compensation amount = damage assessment amount - compensation amount of other compulsory traffic insurance.
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In July 2006, the state officially implemented compulsory liability insurance for traffic accidents. In your accident, the other party is fully responsible, you are not responsible, and both parties are insured by compulsory insurance, your insurance company should pay the whole amount in the compulsory insurance. The state has regulations.
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There is compensation for the damage fee for the rear-end collision of the car. In the event of a traffic accident in which the vehicle is damaged, and the other party bears full responsibility for the accident, in addition to claiming compensation for the repair costs of the vehicle, if Zhengqiguo incurs reasonable transportation expenses and lost work expenses, the injured party as the injured party of the accident can file a claim for the loss of work expenses of the vehicle, but must be able to provide proof of the direct loss of the vehicle caused by the accident.
Do I need to compensate for the loss of work of the vehicle in the rear-end accident?
Whether the tail accident needs to compensate for lost time should be determined according to the actual situation, and if the victim is lost due to the rear-end accident, compensation is required. For vehicles, only the cost of repairing the car will be compensated, and if it is a vehicle in operation, you can apply for the cost of decommissioning.
[Laws and Regulations].Article 17 of the Full Judicial Interpretation on Compensation for Personal Injury.
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. Where 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 ability to work, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the loss of care, continuation, and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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Generally, the rear-end chaser is fully responsible, and the maintenance costs of the two cars are compensated by the insurance company insured by the rear-end chaser, and the rear-end chaser only has one compulsory traffic insurance without liability compensation. This non-liability compensation is paid by the insurance company that underwrites the rear-end chaser. Seat insurance only pays for the person in the seat of the vehicle**.
According to China's road traffic regulations, rear-end collision, no matter what the reason for the front car, as long as the rear-end collision is the rear car is fully responsible. The rear car can only be insured, and then the insurance company will take pictures of the front car and assess the damage, and then pay the repair cost of the front car according to the damage assessment**, and then generally speaking, the rear car will also give a certain amount of compensation to the front car. This compensation is not reimbursed by the insurance company.
Then, the rear car also has to be repaired, and the insurance company will assess the damage to the rear car, and then reimburse the rear car for the cost of repairing the car. 1. Retain the scene to recognize the responsibility for the rear-end accident on the city road, and basically the responsibility is the rear-end vehicle behind. In addition, the rapid resolution of accidents is now advocated, and the vehicle should be evacuated as soon as possible in order not to add traffic jams, but this does not mean that as a rear-end party, you should immediately "clean up the battlefield" and obediently take responsibility, the correct way is to temporarily keep the scene, and get out of the car and confirm with the driver of the car in front as follows:
whether the brake lights of the vehicle in front are effective (especially at night); Whether the driver of the vehicle in front is suspected of driving under the influence of alcohol; If it is a taxi, does he make an emergency stop on the no-parking section. If the car in front does have these conditions, then you, as the rear-end party of Zhepei, will be much less responsible. Of course, if there are no such problems, then the responsibility for the accident is quite clear, report to the traffic police and insurance companies as soon as possible, and quickly resolve the accident.
2. Pay attention to prevent secondary accidents, you can often see such a scene: two cars collide or collide, the accident is not serious, but the parties have no intention of removing the vehicle. The vehicles on both sides whizzed by, but the parties swaggered and stood on the road ** "talking", not realizing the potential danger at all.
In fact, this is not only not conducive to public transportation, but also irresponsible for one's own life. In this case, the correct thing to do is to mark the location of the accident vehicle on the ground with chalk as soon as possible, and then quickly pull over the vehicle. Turn on the vehicle's emergency double flashing lights and place a reflective triangle or reflector as far behind the vehicle as possible and wait for the traffic police to deal with it.
If you are on a highway, to be on the safe side, everyone, including the occupants of the vehicle, should also evacuate the highway and wait outside the fence.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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It depends on whether you are in BAI or not
Whether the traffic police issued the DU is responsible
Certificate of Approval (Simplified Procedure).
If you sign back, then you have nothing to argue about the responsibility for the matter. When the traffic police judge your responsibility for this traffic accident, it mainly depends on whether you keep a safe distance from the car in front, and you talk about his lane change, but also to see whether the other party has completed the process of changing lanes, if you complete the process, you still have to be fully responsible.
Compensation: the traffic police to you to make full responsibility for the treatment you are to compensate the other party for all the "reasonable" losses caused by the accident, the amount of compensation claimed by the other party is not said by the other party, the loss caused by the other party's vehicle is claimed by the insurance company of your own vehicle, as for the transportation expenses you think are unreasonable can let the other party sue you in the court, the general court awards compensation for transportation expenses of about 3 days. There are some differences in different regions.
The other party's car damage is 2,000 yuan with your compulsory traffic insurance, if it is not enough, you have third-party insurance.
Your own car damage insurance will pay you for your own car damage insurance.
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It mainly depends on the mood of the traffic police. It's not too obvious an accident and it's almost on the line for them. The traffic police can also say that he suddenly changed lanes and caused a rear-end collision. He is responsible. Admit it. The official can say whatever he wants.
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If he wants to go to court, you can inform the company you insured, and the insurance company will be happy to help you fight this kind of lawsuit, and you will gain fame and fortune.
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Is your car damaged?
Is there any third party liability insurance?
The police said how to pay, the police said that you will pay for it, and the police did not say that you can let the insurance company pay directly.
The maintenance of the general oil filter is calculated according to the course, about 5000 kilometers, some models are put to 7500 kilometers, many private cars do not run much, and they can not be maintained once a year, taxis, less than a month on maintenance, to the set number of kilometers to maintain, and it is not that it does not cost money, 4S shop will not say anything, you can also do it in advance. But don't forget to stamp the maintenance manual! >>>More