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Answer: Nutrition expenses, lost work expenses, generally this situation is very common, first see whether the insurance company can support, such as lost work pay must need the unit to issue a certificate, tax payment certificate, etc. to support. Nutrition expenses should be appropriately compensated from the perspective of human feelings.
Nursing 2 months, it will take a hundred days to break the muscles and bones, not to mention that he is so old, is it important to write about nursing? Usually the doctor will write about the 2-month break, probably because he is old and may not have a job, so he writes about nursing.
You have insurance and the other party can claim the cost, you can consult the insurance company whether the other party's claim is supported, such as what support is needed as supporting evidence no. If I don't support you personally, I think it should be from the perspective of human sophistication, right?
3. A: You are a good person and very thoughtful. Whether their actions are wrong or not, I will not judge.
But you have to go through your insurance company first, don't you? The claim information is handed over to the insurance company, and he can go to the insurance company to negotiate and ask for anything he needs, which has nothing to do with you, right?
4. You need to negotiate with the other party on this issue.
The original is to be provided to the insurance company, why are you afraid that you will not be able to close the case? Insurance companies will cover what they are supposed to cover. The money you pay for compulsory insurance is enough.
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Hello, this friend, the advice given to you by the lawyer on your question is this:
In order to avoid the situation you are worried about (you are worried that the insurance company will not pay you after the compensation is injured), you can call someone from the insurance company to negotiate together. As long as the insurance company pays you, you promise to pay the injured person. If the insurance company is not responsible, many of the expenses you have already paid will be repaid, so you should avoid losing money.
Another question for you, invoices, drug lists, etc., these are all necessary for the insurance company when making a claim, so it is recommended that you also collect these information when you compensate the other party.
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Can you take the liberty of asking where you are? The standard of compensation is completely different in each place. According to what you said, your insurance is fully covered.
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Legal analysis: Compensation for injuries caused by traffic accidents includes, medical expenses, hospital meal subsidies and nursing expenses, lost work expenses, nutrition expenses, transportation expenses, disability compensation, mental damages, 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 specific compensation must be determined according to the disability.
Legal basis: "Interpretation of the Supreme People's Court on the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a victim suffers 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, shall be compensated by the compensation obligor. If the victim is disabled due to injury, the person obligated to compensate for the necessary expenses incurred due to the increase in the need for living and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care 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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Whether it is reasonable to not compensate for personal injuries in traffic accidents depends on the actual situation, and the illegal and unreasonable expenses shall be borne by the victims themselves. For example, the victim's claim for compensation for accommodation expenses in Sendong. It is a reasonable and legal expense, but it exceeds the limit of compulsory traffic insurance, or exceeds the limit of commercial insurance, and the driver who caused the accident should compensate for it.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 7: Compensation for lost time is to be determined on the basis of the victim's lost time and income. The time of loss of work is determined according to the certificate issued by the medical institution that the victim accepts.
If the victim continues to miss work due to injury and disability, the time for missing the bridge work may be calculated to the day before the date of the fixed disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.
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It is unreasonable not to pay compensation for personal injuries in traffic accidents. After the traffic accident, the party responsible for the accident must pay a certain amount of compensation to the injured person in accordance with the law, and if the injured person has done a disability level assessment, it is also necessary to compensate according to the corresponding level. If you do not pay compensation, you can take many ways, the most common of which is to file a lawsuit with the court to solve the problem, and at the same time you need to submit the corresponding evidence to the court.
1. How to deal with the failure of the party responsible for compensation.
1.Let the responsible insurer credit the payout directly into your account.
Have the responsible party negotiate with his insurance company and sign an agreement agreeing to pay the compensation directly to your account. Please note that the insurance company may pay us only after the other party goes to the insurance company to go through the relevant procedures. After that, you negotiate with the repair shop to issue a repair invoice first.
Because his car is still in the repair shop, the repair shop has a reason to agree to the request. We take the repair invoice to the responsible insurance company for a claim, so that we can bypass the responsible party and directly negotiate with his insurance company for compensation. Wait for the compensation to be received, and then take it to the repair shop to pay the repair fee.
2.Call 110 to call the police and deal with it through **.
If the party responsible for the accident refuses to pay, strictly speaking, it is already an economic dispute. At this time, the traffic police have been held responsible, but they have not interfered with the rights any more. Then you have to call 110 to find the police, normally, the police will call ** to warn the responsible party.
The other party feels pressured, and maybe they will pay obediently.
3.Apply to the insurance company for "subrogation".
If we have insured "three-party insurance and car damage insurance", then we can apply to the insurance company for "subrogation or compensation". That is, after our insurance company pays the maintenance fee in advance, and then goes to the responsible party to recover the compensation for you. Therefore, when applying for insurance every year, we must ask for clear terms and conditions, especially "subrogation", many insurance companies have written it into the terms and conditions of the policy, we should take a closer look to avoid causing economic losses to ourselves.
4.Send a lawyer's letter to the responsible party and file a lawsuit if necessary.
If none of the above tricks apply, then it will be escalated to the legal level. You can entrust a lawyer to send a lawyer's letter to the party who caused the incident, which can put pressure on the other party, because ordinary people should rarely receive a lawyer's letter, and receiving a lawyer's letter indicates that the situation is serious. At this time, the culprit may have knelt on the ground and begged for mercy.
If he is still tough, then he can only meet in court. The method of litigation is the most troublesome, and it also requires a cost, so I have to try to use it until the end.
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