The car was hit, the compensation problem for help, how to claim for the car hit

Hello, your problem is very specific, and the following will help you solve it from several aspects:

1. Is it necessary to compensate according to the loss assessment of the other party's insurance company?

The answer is clearly no. First of all, you have not signed any contract with the other party's insurance company, and the other party's insurance company is for his customer service, not for you. Secondly, when it comes to legal proceedings, the opposing insurer is clearly an interested party, so if you insist on not relying on the other insurer's loss assessment, the court will accept it. The usual practice is to hire a third-party appraisal agency to do a damage appraisal of your vehicle, and such an appraisal is the most willing for the court to accept.

This kind of third-party appraisal agency is the public adjustment company, appraisal company, price bureau, etc.

2. Determination of losses.

You have been engaged in the matter, and so far, you have dealt with the matter through **, and the whole process ** will provide you with evidence support, such as your report record, the traffic police participated in the negotiation or coordination process, but in the end, the other party did not show up. The determination of your loss is not complicated. In the future, if the other party questions your loss of 20,000 yuan, they need to assert the evidence themselves, and you can provide proof from the traffic police and public security to prove that the incident happened, and provide repair invoices to prove that the loss is a fact.

3. Follow-up treatment suggestions.

The matter has come to this point, and there is no need to contact the other party again, and go directly to the legal proceedings. It is recommended that you first hire a lawyer and then consult the price assessment department to make a supplementary damage determination for the loss of your car. Please rest assured, lawyer's fees, litigation fees, and assessment fees, the other party will pay you a penny, and these losses, as long as they are reasonable and the standard of fees is justified, the court will support them, and they will make a judgment to require the defendant to compensate.

The court will also support your request for leave, travel expenses, lost work, and mental damages, but only if you have enough evidence to support them. For example, if you take leave to deal with the lost time pay of the accident, you need your leave slip, the unit you give you a monthly payslip to explain your income, and what salary income loss you have caused due to leave, it should be noted here that not only will the personal leave be deducted, but also the full attendance bonus will be lost? (Some units do not ask for additional full attendance bonus for one day off); You deal with accidents and run back and forth, and you will get a ticket for a taxi, right?

If you want to refuel when you drive, these are all evidence, and you have to collect these bills in advance and keep them, and you will have to show them in court in the future. As for moral damages, the requirements are not too excessive, and if you can give specific examples, the court will more or less award a little, of course, it is not excluded that other losses will be compensated by the other party very happily, and the court will also do your job to make you give up the compensation for moral damages.

If you encounter such a person, you can sue for it, and there is nothing else you can do.

1. How to claim compensation for being hit by a car.

1. The claim process for being hit by a car is as follows:

1) On-site investigation by the transportation department. After the traffic police department reviews the on-site investigation records, it shall require the parties or witnesses to sign the scene map. For the purpose of inspection, the vehicle involved in the accident and the relevant documents of the parties may be detained;

2) Determination of traffic accident liability by the traffic department. After investigation, the traffic police department shall determine the responsibility of the parties according to the role of the party's behavior in the traffic accident and the severity of the fault;

3) The transportation department organizes compensation mediation. After confirming the end of the injured person ** or determining the result of the damage, if the parties to the accident agree to carry out compensation mediation, the traffic police department can organize mediation. The number of mediations is generally not more than 2.

If the mediation fails, fill in the "Mediation Conclusion Letter" and inform the parties to file a lawsuit with the people's court within the statutory limitation period. It is also possible to file a lawsuit directly with the people's court without applying for mediation;

4) Filing a lawsuit with the people's court. Entrust a lawyer or file a lawsuit in the people's court on your own, and generally file a lawsuit in the basic people's court at the place where the accident occurred. During the court proceedings, the parties may mediate under the auspices of the court and reach a mediation agreement. If the mediation fails, the court shall make a judgment in accordance with law;

5) Application for enforcement. If the person obligated to perform the judgment fails to perform the obligation to compensate within the time limit determined by the judgment or mediation, the plaintiff may apply to the people's court for compulsory enforcement, and the court enforcement bureau shall enforce the obligation to perform the obligation of compensation to the obligor for compensation.

2. Legal basis: Article 16 of the Compulsory Insurance of Motor Vehicle Traffic Accident Liability.

In the event of a traffic accident involving the insured motor vehicle, the insured shall take reasonable and necessary rescue and protection measures in a timely manner, and notify the insurer in a timely manner after the accident.

Article 17. After the occurrence of an insured accident, the insured shall actively assist the insurer in conducting on-site investigation and accident investigation.

2. What is the litigation process for traffic accident compensation disputes?

1. The plaintiff sues;

2. After the court accepts it, a copy of the indictment shall be served on the defendant;

3. The defendant submits a reply within 15 days, and the court delivers a copy of the reply to the plaintiff within 5 days.

4. For cases that are decided to be heard, the court shall notify the parties and make an announcement three days in advance;

5. The court investigation stage includes the parties' statements, informing the witnesses of their rights and obligations, witnesses testifying, reading out the testimony of witnesses who have not appeared in court, presenting documentary evidence, physical evidence and audio-visual materials, reading out the appraisal conclusions, and reading out the inquest records;

6. Court debate includes the plaintiff and its litigant making a speech, the defendant and its litigant replying, and the third party and its litigant speaking or replying and arguing with each other. At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party;

7. At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner;

8. Announcement of judgment.

Answer: After being hit by a car, the injured person can mediate under the auspices of the traffic police department of the public security organ to claim compensation. If it is not possible to resolve the dispute over compensation for traffic accidents through the traffic management department of the public security organ, the traffic management department of the public security organ shall inform the parties that they may file a civil lawsuit with the people's court. In the case of a dispute over compensation for traffic accident damages in accordance with Article 74 of the Law on Road Traffic Safety, the parties may request the traffic management department of the public security organ to mediate, or they may directly file a civil lawsuit with the people's court.

After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

1. First dial 110 to call the police and wait for the traffic police to verify and identify; 2. Both parties evacuate the scene of the accident and restore traffic at the scene; 3. Contact the responsible party of the insurance company to notify the insurance company for loss identification; 4. If there are personnel in a timely manner, no one is injured and both sides go to the traffic police brigade to explain the accident. At the same time, the original and photocopy of the driver's license, driving license, and damage assessment form need to be provided; 5. The non-guilty party can leave, and the responsible party needs to be punished by the traffic police department according to its judgment; 6. After being discharged from the hospital, take the information and go to the insurance company with the perpetrator to settle the claim.

Legal basis: "Measures of the People's Republic of China for the Handling of Road Traffic Accidents" Article 36 The compensation items for traffic accidents refer to the items included in the compensation given by the perpetrator to the victim in a traffic accident, mainly including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, death compensation, and mental injury solace money.

Millions of car purchase subsidies.

Legal analysis: 1. First dial 110 to call the police and wait for the traffic police to verify and identify; 2. Both parties evacuate the scene of the accident and restore traffic at the scene; 3. Contact the responsible party of the insurance company to notify the insurance company for loss identification; 4. If there are personnel in a timely manner, no one is injured and both sides go to the traffic police brigade to explain the accident. At the same time, the original and photocopy of the driver's license, driving license, and damage assessment form need to be provided; 5. The responsible party can leave, and the responsible party needs the traffic police department to impose a penalty for imitation travel according to the judgment; 6. After being discharged from the hospital, take the information and go to the insurance company with the perpetrator to settle the claim.

Legal basis: "Measures of the People's Republic of China for the Handling of Road Traffic Accidents" Article 36 The items of compensation for traffic accidents refer to the items included in the compensation given by the perpetrator to the victim in a traffic accident, mainly including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, death compensation, and solatium for mental damages.

Where the perpetrator causes a traffic accident by finding a substitute driver after drinking, the substitute driver shall bear corresponding responsibility. The Civil Code stipulates that if the owner, manager and user of a motor vehicle are not the same person due to leasing or borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation. Traffic accident lawsuits are valid for three years.

The limitation period for tort liability disputes arising from traffic accidents is three years, and the limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection. Traffic accidents refer to the events of personal or property damage caused by fault or accidents on the road, including motor vehicles and non-motor vehicles.

However, not all personal or property damage caused by vehicles can be called traffic accidents, and must occur on highways, urban roads and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit, such as squares, public parking lots and other places used for public traffic.

Legal basisArticle 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic incident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

Regulations on Procedures for Handling Road Traffic Accidents

Article 60 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (2) Where a road traffic accident occurs due to the missale and late closure of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their acts on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

Article 58 Within five days from the date of determination of the inspection report and appraisal opinion, the traffic management department of the public security organ shall notify the party concerned to collect the detained accident vehicle.

The expenses incurred due to the detention of the vehicle shall be borne by the traffic management department of the public security organ that made the decision, but the traffic management department of the public security organ shall notify the party concerned to collect it, and the parking fee incurred by the party shall bear it within the time limit.

If the vehicle is not collected after 30 days of notification to the parties, and it is still not collected within three months after the announcement, the impounded vehicle shall be dealt with in accordance with law.