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After a traffic accident occurs, if the party responsible for the accident refuses to bear the liability for compensation, the injured party may file a civil lawsuit to protect its rights.
Step 1: Be clear about who you want to sue
In litigation, "who to sue" is a very important issue. If the target of the lawsuit is wrong, it will not only waste time, manpower, and financial resources, but also fail to achieve the purpose of claiming compensation. On the issue of "who to sue", the first thing to see is who is the owner of the vehicle on the license of the other party at the time of the accident, and if it is the driver who caused the accident, then directly sue him.
If the vehicle is owned by another owner, the driver can be sued as co-defendants along with the owner. If the owner of the vehicle is a unit, the unit can be sued as a defendant.
Step 2: Get the evidence.
The traffic management department of the public security organ is the statutory authority for determining road traffic accidents, and although the "Road Traffic Accident Liability Determination" issued by it should be cross-examined by the parties and cannot of course become the basis for the court to determine the facts of the case, it is still of great significance in the litigation as an important evidence for handling traffic accident disputes, and in the litigation, it is still of great significance to prove the degree of responsibility of both parties. After the case is brought to the court, although the court should confirm the responsibility for the accident based on the facts investigated by the court, and the scope of the investigation is not limited by the public security organ's liability determination, under normal circumstances, when the parties do not have conclusive evidence to overturn the content of the liability determination, the court will accept the public security organ's determination of liability and determine the liability of the relevant party on this basis. Therefore, when the parties get the accident liability determination letter from the traffic team, they must carefully read the content of the liability determination.
If they are not satisfied, they should promptly apply to the public security organ at the next higher level for reconsideration.
Step 3: Reasonable compensation.
In traffic accident disputes, the compensation issues involved generally include compensation for property damage and compensation for personal injury. The scope of compensation for property damage mainly includes: repair fees; loss of goods on board, etc.
Repair fee: According to the reasonable amount on the repair invoice, if the vehicle has been scrapped, it should be compensated at a discount; Compensation for damage to items on board the vehicle in an accident shall be based on the actual loss.
The main items of personal injury compensation are: medical expenses; Lost time pay; Hospitalization meal subsidy; nursing fees; Living allowance for the disabled; disability appliance fee; funeral expenses; death compensation; maintenance of dependants; Travelling expenses; accommodation fees and so on. Among them, the lost work expenses include two parts, one is the lost work expenses caused by the party's inability to go to work during the period of medical treatment and hospitalization, and the other is the lost work expenses due to the handling of the aftermath of the traffic accident.
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Within one year, if it is determined that the lesion was caused by a traffic accident, you can claim compensation.
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Notice that you're talking about lesions. After the accident, compensation is only paid for the direct injury of the accident, and the injury is not covered by the compensation for the injured person's own illness. Therefore, the occurrence of lesions cannot be claimed as part of the accident compensation.
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First of all, you should ask the traffic police for a traffic accident certificate, and then talk about how both parties can take responsibility.
If a traffic accident is not handled, it will affect the annual review.
If the other party does not sue, the personal injury is a one-year statute of limitations, after which the court will no longer accept it.
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 Article 16 of the Tort Liability Law of the People's Republic of China, the standards for personal injury compensation include 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 for dependents, ** expenses, follow-up expenses, funeral expenses, death compensation, Transportation expenses, accommodation expenses, loss of work and other reasonable expenses incurred by the victim's relatives in handling funeral matters, and solatium for mental damages.
2) Compensation standards for property losses.
The compensation standard for property damage is based on the direct and indirect losses caused by traffic accidents.
Compensation standards for direct losses:
In principle, the original state of affairs shall be restored or compensation shall be compensated at a discounted price. For partially repairable vehicles, facilities and articles, compensation shall be made for maintenance costs; If the depreciation is caused by partial losses, the loss of the depreciation part shall also be compensated; Where it cannot be repaired, compensation shall be made for its actual value.
Compensation standards for consequential losses:
Where the victim suffers indirect losses as a result of a traffic accident, the infringer shall also compensate for the losses. For example, in a traffic accident damage compensation case, if the victim claims compensation for the loss of the suspension of operation during the repair period of the damaged vehicle on the grounds that the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate for it.
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.
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In fact, now everyone is in a state of psychological sub-health, everyone has a devil living in their hearts, actively enlightened, if he is annoyed, he will invite him to go out for a walk, boys can go to play ball, girls can go shopping, eat snacks and so on. I usually have a relationship with friends, I wish you all the best!
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Play with him and her more and forget your worries!
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Genetic diseases are caused by mutations in a certain gene in the body, and it is difficult for people to find the pathogenic mechanism of this disease nowadays, so the probability of being ** is very low.
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Genetic diseases should be irreversible because they are genetically determined and inherited.
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Genetic disease is a disease hidden in the genes inside the body, this disease is difficult to be detected by ordinary people, and it is also difficult to be diagnosed once you suffer from genetic disease, because genetic disease is a genetic disease in our body, which is much more serious than ordinary diseases.
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Zhu Xiaotian revealed that he was suffering from a niche genetic disease! I often need physical **, and I dare not have children because of my illness.
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You have mental illness, the money is deposited with your sister, and he embezzles it. He should pay you back the money, and you should ask him for it.
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Talk to your sister first and ask him to return the money to him, and if he doesn't, the court will sue him.
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If he really embezzled it, then you can't do it, because you don't have any evidence, and you can't prove that the money is yours.
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It's best for your sister to communicate well, and it's good if my sister can return it in time.
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This incident happened in Shuozhou, Shanxi Province, where a man who was riding an electric car and hit someone quarreled with his wife and stoned her to death in the street. At present, the suspect has been controlled by the relevant departments, and further investigation is needed as to whether the suspect has mental illness.
This case also reminds everyone that whether you are outside or at home, you should endure the calm for a while, take a step back and open the sky, and don't anger anyone. As an adult, you should also grasp your emotions, don't be controlled by emotions, become emotional slaves, if there are some psychological problems, you should go to ** in time, don't make a mistake and cause a big disaster.
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It is understood that it was a man in Shuozhou, Shanxi Province, who had a quarrel with his wife after hitting someone on an electric car, and in a fit of anger, he pressed his wife to the ground on the street and smashed it with a stone, and the woman struggled to resist but could not break free, and was finally stoned to death. At present, the suspect has been controlled by **, and I hope that the woman will keep her eyes open when choosing someone in her next life.
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The suspect is mentally ill, I don't think normal people will kill people intentionally.
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This also needs to be investigated, and the suspect has been controlled by **, and it is believed that there will be results soon. Whether he is mentally ill or not, he should not have done such a cruel thing on the street.
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I think this person is most likely mentally ill, because normal people don't do this, and what he does can't be viewed from the thinking of normal people, and he should have a related mental illness.
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This man acts in a different way from ordinary people, and has substantial actions that hurt others and society, and mental illness is often manifested as irritability and irritability, accompanied by emotional and behavioral abnormalities, I think this man may be mentally ill.
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The suspect did not have a mental illness, and after the man hit someone with an electric car, his wife said a few words next to him, and the man was emotionally unstable at the time, and in anger, he stoned his wife to death. We need to regulate our emotions so that we don't do irrational things.
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According to current news reports, there is no going diagnosis indicating that the man has a mental illness. However, the man killed his wife just because he hit someone with his car and then quarreled with his wife, which also reflects that the man is still mentally abnormal, and it is speculated that he will have mental illness.
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I think there is a mental illness, because it is really too extreme, very scary, very frightening, and the things that are done are really bad.
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I think it should be a mental illness, otherwise how could there be such a violent behavior, it's just terrible.
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