Traffic accidents, it s too troublesome, I don t know what to do!

First of all, from the perspective of tort liability, if there is no evidence to prove that you are at fault for renting the car, your friend will be fully responsible for the compensation. It is definitely wrong for the traffic police force to ask for a deposit of 40,000 yuan, and you can complain to its leaders. If the injured person has not sued for half a year, whether the court will notify the selected appraisal agency, if not, the injured person should withdraw the lawsuit and re-sue after the disability evaluation.

If your car has been insured with compulsory traffic insurance and commercial insurance, the insurance company shall compensate the injured person within the scope agreed in the insurance contract, and your friend shall be responsible for the compensation for the excess.

According to Article 49 of the Tort Liability Law, if the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the liability of the motor vehicle party after a traffic accident occurs, the insurance company shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle. For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

If your friend is borrowing your car, you will not be liable if you are not at fault, provided you prove your borrowing relationship.

When you lend a vehicle, you also need to confirm that the borrower has driving qualifications and that your vehicle has no potential safety hazards, otherwise you will have to bear the corresponding responsibility.

Personally, I think that because you are the owner of the car and want to drive away first, only you have paid the expenses first, and you are asking your friend for the relevant expenses, if he does not give it to you, you can only sue him through the court to recover. Be sure to prepare relevant evidence, such as the proof of the traffic police, that he drove the car and should be fully responsible.

This first of all, when the traffic police deal with it, if you can't determine the responsibility, then how to compensate in the later stage, generally no matter what, you will also give a treatment opinion, if you are not satisfied, you can ask for reconsideration or direct litigation, and finally look at the evidence, you can sort out your doubts, and see if the other party can provide strong evidence to prove that the ligament rupture is related to the traffic accident.

(1) In the event of a traffic accident between motor vehicles, the party at fault shall bear the liability for compensation for the traffic accident, and if both parties are at fault, the liability shall be shared according to the proportion of their respective faults

1) 70% for those who are primarily responsible;

2) 50% for those who bear equal responsibility;

3) 30% for those who bear secondary responsibility.

2) In the event of a traffic accident between a motor vehicle and a non-motor vehicle, or between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle shall be liable for the part exceeding the liability limit; However, if there is evidence to prove that a non-motor vehicle driver or pedestrian has violated road traffic safety laws and regulations, and the motor vehicle driver has taken necessary measures to deal with it, the motor vehicle party shall be liable for compensation in accordance with the following provisions.

1) If the motor vehicle party bears the main responsibility, it shall bear 80%;

2) If the motor vehicle party bears the same responsibility, it shall bear 60%;

3) If the motor vehicle bears secondary liability, it shall bear 40%;

4) If the motor vehicle party is not responsible, it shall bear 10%;

5) If a non-motorized vehicle driver or pedestrian is involved in a traffic accident on an urban expressway or highway that prohibits non-motorized vehicles and pedestrians from passing, and the motor vehicle party is not responsible, it shall bear 5%;

6) If the loss of a traffic accident is intentionally caused by a non-motor vehicle driver or pedestrian, the motor vehicle party shall not be liable;

7) If a non-motor vehicle driver, pedestrian and a motor vehicle in a stationary state have a traffic accident, and the motor vehicle party is not liable for the traffic accident, it shall not be liable for compensation. If the motor vehicle does not participate in the compulsory third-party liability insurance of the motor vehicle, the motor vehicle party shall compensate in full within the minimum insurance liability limit that the vehicle shall insure, and compensate for the part exceeding the insurance liability limit in accordance with the current regulations.

3) Where the party deliberately destroys, falsifies, or destroys evidence in special circumstances, and the party fails to stop the car immediately after a traffic accident occurs, or fails to report the case in a timely manner in order to protect the scene, or fails to report the case in a timely manner if there is a condition, so that the basic facts of the accident cannot be ascertained, the party shall bear responsibility for the accident in accordance with the following provisions:

1) If one of the parties commits the above acts, it shall bear full responsibility;

2) If all of the parties have the above acts, they shall be jointly liable; However, if a traffic accident occurs between a motor vehicle, a non-motor vehicle or a pedestrian, the motor vehicle shall bear the main responsibility for the accident;

3) Except for traffic accidents that can be evacuated from the scene and handled by negotiation in accordance with the law;

4) If the party escapes after a traffic accident: the party who escapes shall bear all the responsibility for the escape of the traffic accident; However, if there is evidence to prove that the other party is at fault, the party who escaped shall bear the main responsibility for the accident.

Traffic accidents cannot be handled on the basis of emotion, but must be handled on the basis of facts and the law. The other party asked for compensation, let him go to the traffic management department to issue an authoritative accident determination, if there is no identification, no compensation, let him go to the court. In addition, check whether you have complete insurance for your motorcycle and driver's procedures.

As for hospitalization for reimbursement and not hospitalization according to traffic accidents, that is his responsibility and has nothing to do with himself. Only when the responsibilities of both parties are clearly distinguished, can there be a basis for compensation.

First of all, traffic accidents cannot be reimbursed by NCMS, otherwise, it is insurance fraud and the reimbursement fee should be refunded. Secondly, for accidents where responsibility cannot be determined, the traffic police can make a decision that cannot determine responsibility. As for the injuries, there is no responsibility.

For accidents where responsibility cannot be determined, you can only go to the court to sue and submit evidence to prove that you are not at fault and that the other party is at fault.

1. The other party is suspected of defrauding the insurance on the grounds that NCMS is hospitalized and reimbursed.

2. If you have any doubts about the other party's injury, you can request a judicial evaluation.

Third, it is not impossible for the traffic police to determine the responsibility for the accident, and sometimes there are indeed circumstances that cannot be determined, you must understand.

Fourth, the fact that the traffic police cannot make a judgment does not mean that the court can not make a judgment. The court will generally make a specific judgment based on the actual circumstances of the accident and in accordance with the principle of fairness.

5. I hope you don't be misled by those unprofessional answers.

Is the traffic police so perfunctory. Can't determine responsibility? If liability cannot be determined, the motor vehicle is generally responsible.

Your friend's motorcycle documents are complete and you have insurance. You can apply for insurance.

If there is an objection to the other person's injury. You can ask the hospital to issue a certificate of whether it is a new injury or an old injury. Or consult with a doctor** to do an injury evaluation report to prove whether it is a new injury or an old injury.

If it is an old injury, then you can countersue the tram for extortion.

Even if it's a new injury, it's a little troublesome. It shouldn't cost much, though. The premise is that the motorcycle is insured.

If the traffic police of the traffic accident cannot determine the responsibility, then each of them will pay their own, because in this case, if he wants to compensate, then he can only go to the legal court to litigate.

It stands to reason that the general traffic accident is closed after the traffic police mediate. However, if you disagree with the conclusion of his disability evaluation, you can request a new judicial evaluation. If the final appraisal result is also a grade 10 disability, then you will also be liable for 50% of his disability compensation and mental injury solace.

If not, you are not liable for compensation. As for his disability evaluation, he should not go through the traffic police department, he can do it himself, and you have the right to know the conclusion of his evaluation.

1. Call the police and the insurance company, if the traffic police determine that you are not responsible, there is no liability to compensate 1,000 yuan.

2. If the traffic police determine your secondary responsibility (up to many times to be responsible, the other party is going in the wrong direction and taking the fast lane), the cost of his injury is less than 1w yuan, and you bear 30% of the part that exceeds 1w.

3. If he is not seriously injured, it is recommended to go private, save trouble, and do not find an insurance company to have a discount for the next year.

Hit the traffic police directly.

If there is insurance, the insurance company will pay for it. Calm.

1. If a compensation agreement can be reached with the victim and the victim's forgiveness can be obtained, a suspended sentence can be given, not imprisonment.

2.Otherwise, ask the traffic police if there is any criminal detention of the driver.

3. If you have already paid, you must not pay again.

4. If there should be compensation for moral damages, the court should consider this when making a judgment.

5. Of course, responsibilities should be shared. However, they are all jointly and severally liable.

Whether it constitutes a traffic accident crime depends on what your brother's responsibility is in the responsibility determination issued by the traffic police, and if it is the main responsibility or full responsibility, it constitutes a criminal offense.

The civil part can be private. Moreover, if the civil part can reach the private too. In the case of a criminal offense, the criminal part can be dealt with better.