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Haven't this question been answered, and I'm not at ease.
I hope it helps.
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If the other party is fully responsible, it should be fully compensated, and the amount of compensation is the cost of your hospitalization**, lost work expenses, nursing expenses, hospital meal subsidies, and transportation expenses.
As for the determination of a traffic accident, it is an administrative act, and an administrative lawsuit must be filed to revoke or order it to make a new determination, but this is generally rare.
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In this case, judging from the facts of the case, the traffic police department has made a determination. According to the conclusion, you can get compensation as follows: disability compensation, mental injury solatium, living expenses for dependents (this part can only be calculated if it is identified as disabled by the appraisal department and has a specific disability level), lost work expenses, nursing expenses, transportation expenses, medical expenses, follow-up medical expenses, hospital meal subsidies, and nutrition expenses.
The specific amount must be calculated according to the specific situation, if the other party has insurance, it will be able to get compensation from the insurance limit first, and the unknown part will be borne by the driver and the car owner.
If you are not satisfied with the determination of responsibility for the accident, you shall file a reconsideration within three days from the date of receipt of the determination, and if it is exceeded, it cannot be overturned, unless an administrative lawsuit is initiated. However, in the litigation of civil compensation, the court may be required to make certain adjustments to the liability for the accident.
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The car is fully liable and the court will award the car to bear all reasonable costs for the repair of the motorcycle and personal injury.
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Hello, to the problem you described, the lawyer replied as follows:
First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.
Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.
Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.
Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!
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The scene of the accident is on a non-motorized road, and the car and motorcycle are both motor vehicles, so it can be concluded that the car and the motorcycle have violations, since the motorcycle also has a violation, then it should also be liable for the consequences of the accident, so the compensation given by the car is not improper, and the motorcycle owner wants to overturn the liability determination There is no possibility, unless the motorcycle is an electric motorcycle (non-motorized vehicle) There is a possibility of turning over, and another two months of lost time pay will be added.