How to write a counterclaim for a traffic accident and how to write a counterclaim for a traffic acc

It is similar to the writing of the civil complaint, there is not much attention to the format, the key is the content, the disadvantage for you is that your car only has compulsory traffic insurance, and the property loss is only 2000, if the other party spends 1w to repair the car, then you have to bear 4000. Your car costs 1w, and the other party also has to bear 4000, and if the other party has commercial insurance, they can be reimbursed.

Civil counterclaim for traffic accidents.

Counterclaimant (defendant in this lawsuit): Indicate name, gender, age, ethnicity, place of origin, occupation or place of work, position, and address).

Respondent (plaintiff in this lawsuit): Specify name, gender, age, ethnicity, place of origin, occupation or place of work, position, and address).

Counterclaim: Specify the specific content of the request) — You are asking for a repair fee.

Facts and Reasons:

You copy the accident certificate here.

Specify the specific time, place, process, witnesses, etc.).

Sincerely, the People's Court.

Attached: A copy of this counterclaim.

Bearer: Signature or seal).

YYYYYYYYYYYYYYYYY

A counterclaim is a litigation right of the defendant and an independent counterclaim against the plaintiff in the present lawsuit, and therefore, it has the nature of a lawsuit. A counterclaim is a legal document used for counterclaims. The following issues should be paid attention to in the drafting of the counterclaim:

The counterclaim shall be premised on the present lawsuit, and the contrary independent claim shall be filed against the present lawsuit, with the purpose of setting off the present claim, and it can only be made before the judgment of the first instance; The claim of the counterclaim is based on the same facts or the same legal relationship as the present lawsuit; A counterclaim shall be submitted to the people's court of the present lawsuit.

The bounty is a bit low, and then the higher one will be written for you.

The counterclaim and the indictment are written in the same format, except that the positions of the plaintiff and the defendant are reversed, and the reasons and basis for the claim are different. It's better for you to find a lawyer or someone who knows the law to state what happened in person, and then give them **.

In Beijing, personal injury and property damage are not combined, and the local court generally can, so you can first ask the court if you can make a counterclaim, and you can directly change the party to the counterclaimant and the counterclaimant.

According to your description:

1. The counterclaim and the indictment are basically the same. Write down the request, facts and reasons for your counterclaim.

Hope the above can help you.

Shandong Changsheng Law Firm, lawyer Jia Lei.

1) The counterclaim must be the defendant in the case against the plaintiff in the case, and cannot be any other person or a third party in the case, and the time limit for filing a counterclaim is before the expiration of the time limit for presenting evidence;

2) The filing of a counterclaim must be filed with the same court, and the case that cannot be counterclaimed has a court with exclusive jurisdiction, which does not meet the conditions for a counterclaim, and the procedure for a counterclaim must be the same as that of the present lawsuit, and cannot be a summary procedure or an ordinary procedure;

3) The counterclaim must be tried or legally implicated in the present action, involving the same or implicated legal relationship or subject matter.

1. The principle of reasonable avoidance in traffic accidents.

Traffic accidents are ever-changing, the causes of accidents are varied, traffic participants enjoy the right of way at the same time, if others infringe on their own legal right of way, they must be reasonable avoidance, take the initiative to assume the obligation to maintain safety. If a traffic accident occurs, how should the actions of both parties play a role in the accident? The division of responsibility for the accident is to first determine that one party has violated the regulations on the use of hands, then analyze how the other party has dealt with it, and then measure the role of the behavior of both parties and divide the responsibility according to whether the two parties have fulfilled their safety obligations at the time of the accident.

1) If one party is at fault and its behavior affects the traffic safety of the other party, this is the basic condition for the application of the principle of reasonable avoidance, and this principle does not apply if one party is not at fault or, even if it is at fault, the behavior does not affect the traffic safety of the other party.

2) The party that is obstructed in security should have discovered the existence of the danger but did not do so. Failure to fulfill the general duty of care in accordance with the identity of the traffic participant is the standard, and after the general duty of care has been fulfilled and the danger can be discovered, it is deemed that it should be discovered, otherwise it is deemed not to have been discovered.

2. What is the standard of compensation for traffic accidents in the civil counterclaim.

1) Standards for compensation for personal injuries.

In accordance with 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 and the Civil Code of the People's Republic of China, the standard of compensation for personal injuries includes the following items: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, ** expenses, follow-up expenses, funeral expenses, death compensation expenses, and transportation expenses incurred by the victim's relatives for funeral matters, accommodation expenses, loss of work and other reasonable expenses, and solatium for mental damages.

2) Compensation standards for property losses.

The standard of compensation for property damage is determined by the direct loss caused by the traffic accident and the indirect loss.

3) Standards for compensation for moral damages.

Therefore, in specific judicial practice, the solatium for moral damage can only be determined within a similar, objective, reasonable and appropriate scope based on the specific circumstances of the parties, including the regional economic environment, the identity of the parties, the family background of the parties, the extent of the parties' responsibilities in the case, and the social influence.

Counterclaimant: Pan, male, born on April 24, 19, Han nationality, ID number: 43012419630424 address:

Jinzhou Township Village Group, Ningxiang County, Hunan Province. Counterclaimant 1: Liu Jianjun, male, born on August 3, 1985, Han nationality, ID number:

Counterclaimant 2: Chinese People's Property Insurance Co., Ltd. **** Foshan Branch Domicile Senna: No. 9, Jihua 5th Road, Foshan City Person in charge:

Chen's counterclaim request: 1. Order the counterclaimant to pay the counterclaimant medical expenses, transportation expenses of 500 yuan, food expenses for 150 days, nursing expenses of 150 yuan, and lost work expenses of 5,000 yuan in accordance with the law, with a total loss of yuan. 2. Order the counterclaimant to bear all litigation costs in accordance with the law.

Facts and Reasons: At 10 a.m. on December 29, 2013, the counterclaimant drove a small customer with a license plate number of Yue ES2282 and a Yue E9247H driven by the counterclaimant to Qinren Road, Chancheng District, Foshan City, and collided. Later, it was handled by the Traffic Police Brigade of the Chancheng District Public Security Bureau, and it was determined that the counterclaimant was secondarily liable.

As a result, the counterclaimant incurred various losses, and the counterclaimant negotiated with the counterclaimant many times on issues such as losses, but the counterclaimant ignored them, resulting in the failure of mediation. Therefore, the counterclaim was filed based on the determination of the relevant accident liability and asked the court to rule in accordance with the law. Sincerely, the above can be solved on the question of how to write a counterclaim for compensation for traffic accidents.

Counterclaimant (defendant in this suit):

Client:

Counterclaimant (plaintiff in this lawsuit):

Counterclaims: 1. Order the counterclaimant to compensate for the losses (temporarily calculated to the date of the lawsuit, and the subsequent losses will be added according to the actual claim);

2. The defendant shall bear the costs of the counterclaim.

Facts and Reasons:

The counterclaimant paid the counterclaimant ** products, and the counterclaimant received and paid for the goods one after another. Later, due to the counterclaimant's inability to pay, the unused product was returned to the counterclaimant and promised to pay off the outstanding payment as soon as possible. Thereafter, the counterclaimant made the payment on the date of 2008 and the date of the month 2009.

While the counterclaimant was waiting for further payment from the counterclaimant, the counterclaimant maliciously filed a lawsuit and applied to the court to seize the counterclaimant's bank deposits.

The counterclaimant's deposit was used to purchase raw materials, but it was wrongly sealed by the counterclaimant, resulting in the counterclaimant being unable to pay for the materials, and because the materials could not be delivered in time, the direct economic loss was 10,000 yuan. Thereafter, in order to ensure the operation of the company, the counterclaimant borrowed a lenient amount from the private usury, and lost the monthly interest. In order to respond to the lawsuit, the counterclaimant lost the lawyer's fees.

As of the date of the counterclaim, the counterclaimant suffered a total loss of RMB due to the counterclaimant's erroneous application for property preservation, and the losses are still expanding.

The Counterclaimant did not have any evidence to prove that the Counterclaimant should bear the liability for the product, and the goods returned by the Respondent due to the Respondent's inability to pay were immediately used by another customer without any product quality problems. Therefore, the counterclaimant's claim should be dismissed quickly, the counterclaimant's application for property preservation was wrong, and the actual economic losses had been caused to the counterclaimant. The counterclaimant requests that your court make a judgment in favor of the counterclaimant's claim while ascertaining the facts of the lawsuit and making a judgment to dismiss the plaintiff's lawsuit.

Sincerely. Peoples court.

Petitioner: 1. What are the conditions for a counterclaim in a civil lawsuit?

The conditions under which a civil counterclaim may be requested are:

1. A counterclaim can only be filed by the defendant against the plaintiff in the lawsuit, and not against anyone other than the plaintiff;

2. A counterclaim can only be filed with the court that accepts the lawsuit;

3. The counterclaim and the present claim must be subject to the same litigation procedure;

4. The counterclaim cannot be under the exclusive jurisdiction of other courts;

5. The counterclaim and the claim of the lawsuit must be factually or legally implicated.