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Hello, I am Mr. Lin, I hope I can help you in the future, I will briefly elaborate on the points to pay attention to as the main prosecution. 1. According to the description of the poster, the defendant is jointly and severally liable for the cause of this case. Based on my many years of experience in legal work, this case is a typical case of negligent injury caused by non-subjective voluntary acts, so that both the original defendant and the defendant are involved in a traffic accident injury case.
It is negligent wounding. With unshirkable responsibility. Do a good job of evidence collection, since it is a collision, there should be traces, right?
As for whether the act is intentional or not, it is difficult to judge whether the act is subjective. 2. The plaintiff can draw up a reasonable amount of compensation in accordance with the national criminal law regulations on compensation for traffic accidents. The police and the farm vehicle are the defendants, and you don't have to worry about how the court divides the compensation ratio between the police and the farm vehicle owner.
In short, there is money to be paid, and it does not matter how the court decides, the liability relationship between them, and the proportion of compensation. The important thing is that there must be money to be paid. In the future, if the agricultural vehicle owner does not agree with the court judgment and mentions the above, the dispute is a matter between the two of them, and it has nothing to do with you.
You just have to wait for the enforcement process after the final judgment of the court.
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Now that the traffic police responsibility determination has come out, whose responsibility is it?
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Remember to keep the evidence and trust the handling of the ** department. In addition, you must go to the local judicial appraisal bureau to do judicial appraisal.
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Why was Li deliberately knocked down by the staff of the police station, did the official take revenge, hehe, find out the reason, and you will know what to do.
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It is a traffic hit-and-run, and the driver who injured the pedestrian and escaped and damaged the scene should be fully responsible, so call the police first.
The driver of the car is a hit-and-run and should bear full liability for the accident. Your boyfriend can ask the other party to pay compensation for medical expenses, lost work expenses, transportation expenses, hospital meal subsidies, nursing expenses, nutrition expenses, mental damage solatium, etc. If it constitutes a level of disability, it is also possible to claim disability compensation.
The police should be called, and the traffic department will issue a certificate of responsibility for the accident, and then go to the court to sue the other party for compensation for the above expenses, of course, it is best if the two parties can negotiate compensation.
If the traffic police do not deal with it in time, you can directly go to the court to sue the other party and ask for compensation for losses. The accident liability determination is only used as evidence in the course of the lawsuit, and if you can prove that the other party hit your boyfriend and fled the scene, you can also make the other party bear full liability.
For the handling of the police, the traffic police shall issue an accident identification letter, and the other party may be required to compensate for medical expenses, lost work expenses, nutrition expenses, transportation expenses and other related expenses.
1. The local traffic police will determine the responsibility for the traffic accident, and after the stability of 2** and 3**, the judicial appraisal will be made, and there will be no disability level and three periods (lost work, nutrition, nursing) 4 litigation compensation.
Build to protect their legitimate rights and interests. The traffic police are required to first issue a traffic accident liability determination letter, and then determine the amount of compensation.
It should be a hit-and-run accident according to the law, and it will generally be determined that you are fully responsible for the accident, and you need to compensate for all your losses. I suggest you help you deal with it.
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The focus of the conflict in this accident is the issue of the injured person's ** fee. Because China's traffic accident handling guarantee system is not perfect, it is difficult to deal with traffic accidents. An accident like your father is a trivial matter, don't imagine it too complicated, don't rush yourself.
The usual ways to solve the problem of dealing with the injured are: 1) the traffic police designate one or both parties to prepay the rescue expenses of the injured, which is the obligation of the parties; 2) Advance rescue expenses within the limit of compulsory traffic insurance; 3) In the case of exceeding the compulsory traffic insurance and both parties are unable to pay the first expense, the injured person must sue first with the certificate of identification and medical expense assessment, and the court will rule that the insurance company shall first pay the first expense with execution; 4) If both parties are uninsured, part or all of the rescue expenses shall be paid in advance by the traffic accident social assistance agency (at present, the whole country is gradually establishing and improving).
In your father's case, I suggest: 1. Medical expenses: 1. Your father bears the main responsibility for the accident; The ** fee of the injured person has been prepaid is 7,000 yuan, but the injured person still needs surgery**, and it is reasonable to ask for payment, but it must be subject to the certificate of the hospital, and it cannot be left alone.
In the case of inability to raise ** fees, in accordance with the provisions of Article 75 of the "Road Traffic Safety Law", with the certificate, the "Notice of Advance Payment for Traffic Accidents" issued by the traffic police, the admission diagnosis of the injured person, payment documents, etc., to the insurance company, the insurance company within the compulsory traffic insurance limit (10,000 yuan) to pay the ** fee; If the insurance company refuses to pay, it can file a complaint with the CIRC. 2. Communicate with the injured party, and in the case that both parties are unable to pay, require the injured party to sue first with the certificate of identification and medical expense assessment certificate, and the court will rule that the insurance company will pay the first expense with execution; 3. You can also request the traffic police to call the injured person to prepay part of the ** fee according to the responsibility, and settle it together when the case is closed.
2. The issue of release in the car: According to Article 44 of the "Provisions on the Procedures for Handling Road Traffic Accidents", "within five days from the date of the determination of the inspection and appraisal conclusions, the traffic management department of the public security organ shall notify the parties concerned to collect the impounded accident vehicle, motor vehicle driving license and seized items", the "Determination" has been served, that is, the inspection and appraisal to determine, and the injured person has not been pre-litigation preservation within the statutory time limit, the traffic police shall return your father's legal vehicle. Otherwise, the traffic police have violated the case-handling procedures.
3. Compensation for the injured: After being discharged from the hospital, the traffic police can be requested to mediate in accordance with the law, or the court can also be sued for judgment.
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There are ways to do it.
In this case, you'd better find someone else, your father, to deal with the problem comprehensively, and don't call your father to go.
Avoid unnecessary arguments.
Traffic accidents are generally reimbursed by full liability insurance. So it's right to take full responsibility and you can go insurance.
The traffic law stipulates that patients are not allowed to put their vehicles in the case of not being discharged from the hospital. They don't dare, but there are many people who pay a lump sum compensation after the two sides negotiate and release the car.
But there's nothing you can do about it.
The best way is that if you are fully responsible, you just don't contact them anymore, and wait for the court to decide, and the traffic police will give you a determination of responsibility, and the court will determine the responsibility, and the insurance will be willing, and the court will rule that the insurance policy will be fully collected, and you don't have to worry.
There is a standard for compensation, not everyone can make a price at will, and there is a legal basis.
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1. You said that the traffic police sentenced your father to full responsibility, and said that the traffic police also reminded your father that the cost does not need to be fully paid, and the injured will also bear 30%. Unless the injured person is secondarily liable, there is no such thing as 30 per cent of the cost. Therefore, regarding the responsibility for the accident, you still have to look at the road traffic accident certificate issued by the traffic police.
2. If the other party's medical expenses exceed 10,000 yuan, you can ask the traffic police to issue a notice of advance payment of medical expenses and hand it over to the insurance company, and the insurance company can pay 10,000 yuan in advance.
3. The expenses you are paying now are only in the nature of advance, not compensation. If the insurance is complete, the vast majority of the out-of-pocket costs will eventually be covered by the insurance company. The traffic police said that the cost does not need to be fully cushioned, if you are fully cushioned, the injured may not be dealt with at that time, resulting in you being unable to settle claims with the insurance company normally, and you have to return the expenses that have been paid.
If the injured person is unable to sign the receipt on behalf of someone else due to injury, pay attention to ask him to indicate the relationship with the injured person on the receipt.
4. Because the injured person has to undergo surgery, the problem of compensation for losses cannot be solved in one or two months. In this case, it is advisable to settle the issue of compensation for damages by litigation. If the injured person is allowed to sue in court, and the insurance company wants to participate in the lawsuit as a co-defendant in accordance with the law, then the insurance company will give opinions and check the reasonableness and legality of the compensation amount proposed by the injured person, and you only need to agree with the opinion of the insurance company.
5, the traffic police detain the car is to inspect the safety and technical condition of the vehicle, and the compensation has nothing to do, as long as the inspection and appraisal of the vehicle condition is completed (the law stipulates that the inspection and appraisal period is 20 days), the traffic police will release the car according to law, there is no need to obtain the consent of the injured person, and the injured person's ** has nothing to do with whether it is over.
6. There will be deductibles or deductions in the commercial three liability insurance claims of the insurance company. Commercial three-liability insurance is compensated according to the accident liability, not to say that the full liability is compensated. If you are fully responsible, the amount deducted by the insurance company will increase accordingly, and if you are not fully responsible, the amount deducted will be reduced accordingly.
If the full responsibility is to be deducted 1,000 yuan, then the same responsibility will be deducted 500 yuan, so don't listen to misleading.
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If it were, I would handle it that way. 1: If the taxi should have insurance, first let the insurance company go to the hospital to collect evidence, go to the traffic police to issue a certificate of advance payment of medical expenses, and let the insurance company transfer 10,000 yuan to the hospital account.
2: See when the car can be released, if the car doesn't come out then you have to find a way, because the taxi has a lot of losses in a day's operation. 3:
Clearly tell the other party about your insurance situation, and also state that you are not fully responsible for the taxi operation and there is a loss, then it depends on whether you can talk about it. 4: The money you give to the other party must be written by the other party, and as long as the money you give is sued by the other party, you can find the insurance company to get it back.
4: In addition, you take the initiative to ask the other party to consult a legal person, sometimes you also have a headache when you encounter someone who does not understand the law, and you will lose both if you can't handle it well. If the other party knows the handling methods and procedures, you can rest assured.
Hope it helps.
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My opinion on your concerns and confusion is as follows:
1.You are undoubtedly fully responsible for the accident. It means that you have to take full responsibility for the consequences of the accident and bear all the economic losses;
2.You have done what you should have done in the early stage, which is completely correct, and it will also provide a guarantee for the aftermath of the accident in terms of time and efficiency;
3.After the other party recovers from the injury, he will definitely put forward the demand for more expenses such as later expenses, lost work, nutrition, nursing, etc., and often the two parties will not be able to reach an agreement on the amount of these expenses. Because your master is at fault and the other party is the injured party, they will make excessive claims against you and your insurance company, which will be unacceptable to you and the insurance company.
From my practice, it is a good choice for the other party to go through legal procedures, and litigation is the best way to solve traffic accident compensation today.
All you have to do now is wait at home for the summons from the court, even though you are facing a lawsuit that you are sure to lose, so you don't even need a lawyer; Although you will appear in court as a defendant, it is not disgraceful in today's modern society with frequent economic exchanges. You have to believe that the judge will not support the other party's unreasonable litigation demands; Moreover, according to the usual practice, the insurance company will compensate the other party for how much money the court awardes, and there is no need for you to engage in endless disputes and disputes with the other party.
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First of all, the car is not a new car, if it is a new car, you can sue the vehicle manufacturer. Second, in addition to compulsory traffic insurance, how much is the truck insured by commercial insurance? If the insurance is sufficient, it is best to go to court to settle the matter.
The first defendant of the car owner, the second defendant of the driver, and the third defendant of the insurance company. After the court pronounces the judgment, the injured will not come to you again, and you can also go to the insurance company to settle the claim with the court's judgment, no need to find a lawyer, as long as there is insurance, the insurance company will appear in court, and they will bargain. After the court award, you only have one money that you need to pay out yourself, and that is the other party's legal fees, which the insurance company will not pay.
If the insurance is covered by the insurance company, the insurance company will pay after passing the court. It's no big deal to wait for the other party to sue with peace of mind.
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The injured person asked the court to settle the matter, which was nothing more than a series of compensation for disability compensation, lost work expenses, nursing expenses, hospital meal subsidies, transportation expenses, etc. The compulsory traffic insurance that your vehicle should be insured can be resolved in accordance with the legal procedures in the court. Personally, I feel that the case is not complicated, and if the other party claims a high amount, it is advisable to ask a lawyer to intervene.
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