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The calculation method of traffic accident damages is as follows:
1. According to the provisions of the Traffic Law, the compensation for traffic accidents shall first be paid by the motor vehicle in full within the amount of liability for the sub-item of compulsory traffic insurance. The amount of compensation for the insured's liability in the accident is: 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property loss;
2. After the compensation of compulsory traffic insurance is completed, if there is still a deficiency, then divide each free commercial insurance according to the responsibility or bear it by yourself;
3. If one party in the accident is a non-motor vehicle or a pedestrian, the liability for the insufficient part shall be reduced by about 10%, that is, the motor vehicle with the same responsibility shall bear 60% of the insufficient part, and the non-motor vehicle shall bear 40%, and so on;
4. If both parties to the accident are non-motorized vehicles or pedestrians, they can directly share the responsibility proportion.
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1) The person who bears all the responsibilities bears 100;
b) the person who is primarily responsible bears 70 80;
3) 50 for those who are equally responsible;
4) the person with secondary responsibility bears 20 30;
5) Those who are not responsible shall not be liable.
1. Negotiation methods and techniques of traffic accident mediation.
1) The selection of the mediation time and the proposal of mediation.
Mediation should be selected as far as possible after the traffic police force accident liability determination is completed, the vehicle and other property damage has been assessed by a formal assessment agency, and the wounds such as personal injuries have been completely healed and forensic appraisal is carried out.
2) Selection of the place of mediation.
The location of mediation is best in the traffic police force, and it should be noted that the location of mediation generally cannot be selected at the home of one of the parties.
3) Mediation participants.
One or two representatives shall be selected by the parties to participate in the negotiations, and other unrelated persons shall be persuaded to leave the negotiation site so as not to affect the normal conduct of the negotiations. The composition of the negotiation team (i.e., when there are only two parties) is best composed of three to five people, that is, both parties themselves, plus one of their ** people or relatives and friends who understand legal affairs. type of tomato.
2. Classification of traffic accidents.
Categorized by consequence.
Minor accidents. It refers to an accident that causes minor injuries to 1 to 2 people, or the amount of property damage is less than 1,000 yuan for motor vehicles and less than 200 yuan for non-motor vehicle accidents.
General accidents. It refers to an accident that causes 1 to 2 serious injuries, or 3 or more minor injuries, or property losses of less than 30,000 yuan.
Major accidents. It refers to an accident that causes the death of 1 to 2 people, or the serious injury of 3 to 10 people, or the loss of property between 30,000 yuan and 60,000 yuan.
Actively compensate the victim's family and obtain a letter of understanding from the family, so that the compensation items that will be suspended are: 1. Medical expenses. Including: diagnosis and treatment fees, medical expenses, hospitalization fees, and others (voucher payment, referral form for foreign **; 2. Lost time pay. >>>More
In order not to delay the use of the car, repair the car yourself, keep the documents, you can wait, or you can negotiate with your insurance company to pay first. >>>More
Haven't this question been answered, and I'm not at ease. >>>More
Hello, the material provided is too general and simple, so it can only be general : >>>More
It is similar to the writing of the civil complaint, there is not much attention to the format, the key is the content, the disadvantage for you is that your car only has compulsory traffic insurance, and the property loss is only 2000, if the other party spends 1w to repair the car, then you have to bear 4000. Your car costs 1w, and the other party also has to bear 4000, and if the other party has commercial insurance, they can be reimbursed. >>>More