Seek help from the legal system of all walks of life to resolve traffic accident disputes and give j

1. This is first of all a civil tort of traffic accidents. In the event of a traffic accident between a motor vehicle and a pedestrian, according to the relevant provisions of the Road Traffic Law and the Tort Liability Law, the motor vehicle party shall bear the liability without fault, that is, the motor vehicle party shall bear no more than 10% of the liability without any fault.

2. If the perpetrator did not escape, the responsibility can be divided according to the letter of responsibility determined by the traffic police force. Thus the proportion of compensation is determined.

3. If the perpetrator escapes by car after the accident, he will bear the right and responsibility. i.e. full compensation. (Whether to escape: subject to the responsibility confirmation of the traffic police force, not based on the description of the parties).

4. Generally speaking, motor vehicles have compulsory insurance, and the insurance company will pay in advance according to relevant regulations. If the vehicle involved in the accident is not insured, according to judicial practice: at this time, no matter how the responsibility of the traffic police force is divided, the general motor vehicle party bears full responsibility.

The fifth method of dealing with this article is the legal basis, but the court will generally rule in this way).

5. Compensation matters shall first be resolved through negotiation, and if the negotiation fails, a lawsuit may be filed with the people's court at the place where the defendant is domiciled.

6. Compensation: medical expenses (including follow-up**), nursing expenses, nutrition expenses, lost work expenses (if there is a job), transportation expenses, disability equipment expenses, disability subsidies (if it constitutes a disability, whether it constitutes a disability needs to be judicially evaluated).

With the other party's full responsibility for normal compensation, the other party can be pursued to escape criminal responsibility, as if the sentence is between 3 and 7 years, I can't remember clearly.

Don't listen to the upstairs, this case will never involve criminal responsibility, the traffic police must issue a letter of responsibility and on-site investigation records, this is the evidence of the sharing of responsibility, otherwise the responsibility can not be divided, you said not in detail, I don't know if your father crossed the road to comply with the traffic rules, if it was hit in the case of complying with the traffic rules, then the other party has to bear most or even all of the responsibility, if your father violates the traffic rules, the other party also has to bear a certain percentage of responsibility, in addition, in court, you bear the burden of proof for losses and medical expenses, It also includes lost work expenses and so on, as for the calculation method you said is available on the Internet, the disability level compensation method, there are two standards in urban and rural areas, this is an ordinary civil dispute caused by traffic accidents, no criminal liability is involved, no need to file criminal proceedings, in addition, out-of-court mediation is also a good way, the cost and procedure are simpler.

Accident handling process after a person is hit by a car:

1. Evacuate the scene of the accident and quickly restore traffic;

2. The responsible party shall notify the insurance company to conduct damage assessment;

3. Both parties write down the accident;

4. Both parties to the accident should bring their driver's licenses, driving licenses, insurance company damage assessment forms and their copies, and go to the accident brigade of the traffic police branch to deal with them;

5. After the traffic police department verifies the accident, the party responsible for the accident shall compensate for the loss.

1. Quickly call the police, and after the traffic police conduct on-site investigation, make an accident identification on the spot, withdraw from the accident scene, and restore traffic;

2. The responsible party shall notify the insurance company to make an appraisal of the vehicle loss;

3. The two parties go to the accident brigade of the traffic police branch together, and provide the original and copy of the driver's license, driving license, and damage assessment form, and write down the accident;

4. The responsible party shall compensate for the loss, and the non-responsible party shall hand over the invoice of the accident maintenance cost to the responsible party;

5. If the non-responsible party leaves, the traffic police department shall punish the responsible party for the illegal facts of the accident caused by the "Road Traffic Safety Law";

6. The traffic police department issues a valid certificate to the responsible party, and the responsible party finds the insurance company to settle the claim based on the certificate.

After a person is hit by a car, please report the case to the traffic police and divide the responsibility, and then determine the compensation and other legal responsibilities according to the traffic accident identification letter, local compensation standards, actual economic losses, relevant legal provisions, etc. The compensation items include medical expenses, food expenses during hospitalization, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, etc., and if it is identified as a disability, it can also claim disability compensation, and the specific amount can be negotiated, and if the negotiation fails, a lawyer can be entrusted to sue in the court.

How the vehicle is raised:

At the same time as calling the police, report the accident to the insurance company where your vehicle is insured. After the transportation department issues a letter of responsibility, within 3-5 working days, the other party does not sue and applies for property preservation and seizure of the vehicle, and then you can go to the transportation department to pick up the car.

Legal basis: Article 44 of the "Provisions on Procedures for Handling Road Traffic Accidents" within five days from the date of determination of the inspection and appraisal conclusions, the traffic management department of the public security organ shall notify the parties concerned to collect the detained accident vehicle, motor vehicle driving license and seized items. Where the driver's escaped ownerless vehicle or a vehicle that is still not collected after 30 days of notifying the parties, and the vehicle still does not come for disposition within three months of the announcement, the impounded vehicle shall be dealt with in accordance with law.

1. The scene of the accident.

1) When a traffic accident occurs, the owner must turn on the vehicle's hazard warning lights as soon as possible, and set up a hazard warning sign behind the car. The advantage of this is to prevent a rear-end collision with a vehicle behind you, so as to ensure the safety of the people in the car and the vehicle itself.

2) In addition to setting up warning signs, it is necessary to take pictures of the scene of the accident for evidence, which is the evidence of the accident to the insurance company, and the method of taking pictures before moving the vehicle is mainly to avoid the owner not recognizing the problem. Then fill in the corresponding accident rapid processing agreement, so that you can go to the damage assessment agency for vehicle damage assessment, so as to complete the corresponding maintenance and inspection work.

2. Stop immediately.

Stop the car as soon as it is safe to do so, turn off the engine (to avoid the car**) and turn on the emergency lights to make them shine; Immediately write down the license plate of the other person's car (pen and paper, or even a camera should be on hand at all times) in case the other person drives away after an accident.

3. Issue a warning.

Protect the site; Warning other vehicles and lighting hazard warning lights; Place triangular warning signs on the road; If necessary, use other methods to warn.

4. Nursing the wounded.

Never move the injured person unless they are in danger (e.g., fire, toxic leakage) as your movement may cause more damage. If the injured person is still breathing and bleeding is not much, no one else should do anything unless they really know how to care for the injured person. Do not give any food or drink to the injured person.

5. Prevent danger.

Turn off the engines of all vehicles involved in the accident; No smoking; Beware of other flammable items; Prevent fuel leakage as much as possible; Beware of dangerous goods and prevent the accumulation of dangerous liquids, dust, and gases.

Now there are more and more cars on the road, and there are many large and small traffic accidents. Today, we will talk about how to deal with accidents quickly and correctly.

If you have insurance, you can report the time and place of the accident to the insurance company, and then you don't have to worry about it, and the rest will be handed over to the relevant personnel of the insurance company, so that they can negotiate with the victim of the accident. Once they have reached an agreement, they can pick up the car.

If you have insurance, you can go with insurance. When the traffic accident certificate is made and the other party does not apply for property preservation, you can pick up the car.

Hello, don't be in a hurry when you encounter a traffic accident. First of all, wait for the traffic accident liability certificate to come down. Of course, you can also negotiate with the injured person in advance.

Secondly, the compensation is negotiated according to the condition of the injured person and the allocation of responsibility. The compensation amount of compulsory traffic insurance is 10,000 yuan, and the excess part is divided according to the liability. Finally, if the car is seized by the traffic police, don't have a hard time with the traffic police, which will suffer a loss.

If it is necessary to inspect and identify the vehicle, the time for the traffic police to detain the accident vehicle is generally 33 days. After the period, the traffic police can be asked to return the vehicle. If you can't tell if the injured person is asking for too much, you can also appoint a lawyer to handle it on your behalf.

According to the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, road traffic accidents are divided into the following four categories:

Minor accidents refer to accidents that cause minor injuries to 1 to 2 people at a time, or property damage is less than 1,000 yuan for motor vehicles and less than 200 yuan for non-motor vehicles.

General accidents refer to accidents that cause serious injuries to 1 to 2 people, or minor injuries to more than 3 people, or property losses of less than 30,000 yuan.

Major accident 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.

Extraordinarily serious accident refers to an accident that causes the death of 3 or more people, or the serious injury of 11 or more people, or the death of 1 person and the serious injury of 8 or more people at the same time, or the death of 2 people and the serious injury of 5 or more people at the same time, or the loss of property of more than 60,000 yuan.

The Regulations on Procedures for Handling Road Traffic Accidents are divided into three categories: property damage accidents, injury accidents, and fatal accidents.

1.If the other party does not cooperate, will I not be able to close the case?

No, the division of responsibility does not require the cooperation of both parties, the traffic police will generally help you mediate after the responsibility determination, but there is no right to award how much you compensate the other party, and if he fails to mediate, you can go to the court to settle it, and the injured person will sue you. The closure of the case you said should be a determination of responsibility, and there is no need for the cooperation of the other party. This time is generally made within 10 days after the on-site investigation.

If an inspection or appraisal is to be conducted, a traffic accident identification document shall be drafted within five days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed.

2.How can I lift my car?

The traffic police issued a certificate of responsibility for the accident, the traffic police have no right to detain your car, not you can only release your car if you reach compensation, after issuing the certificate of responsibility for the accident, unless the injured person sues the court for litigation preservation, the court can impound your car.

For details, you can take a look at the Regulations on Procedures for Handling Traffic Accidents, Articles 39 and 46.

In addition, I want to say that you should pay out, you have insurance, if you are too unreasonable to ask you to refuse, for example, he said that he should be hospitalized if he is not cured, if the doctor says that it is not cured, he should let the family go to the hospital, if the doctor says that there is no need for this, you don't have to agree to him.

Why our traffic law will obviously favor non-motorized vehicles, in the judgment of the weak, non-motorized vehicle drivers are not reasonable, and even most of the time will maliciously extort money from drivers, do not give money to the public, and twist more than ten days of processing procedures, most people choose to accept this unequal transaction, so it is not that the driver is unwilling to deal with it through the traffic police, but it is really too troublesome, and the people can't afford to wait, but they can rely on laws and regulations to forcibly contain motor vehicle drivers, and the definition of malicious extortion is also so vague, even if you have some evidence, you have nowhere to go if you want to reason. The same thing happened to me today, the same is broken skin, the examination is all done, the doctor said it's okay, iodophor also bought for others, soft grinding hard soaked in the morning, and then came a relative, good guy, don't give 3000 nothing, or hospitalization, through the traffic police team, no way we are through the public, and then came out of the traffic police team to know that half of the accident department is from the village, detain your car for ten days to give you an accident certificate and have to discharge Saturdays and Sundays to exclude holidays, people live in the hospital for ten days, medical expenses you out, It depends on whether you give 3,000 yuan to others, who doesn't want to pay for it, but I just feel uncomfortable with this 3,000 yuan. Well, living in this society, this wave I give up**.

1. The solution to traffic accidents includes mediation and litigation, and if the negotiation fails, it can be suggested that the injured party can be resolved by litigation.

2. The accident vehicle should be released by the public security traffic management department within five days after the completion of the inspection and identification. Unless the other party files for property preservation.

According to Article 74 of the Road Traffic Safety Law, the parties concerned may request the traffic management department of the public security organ to mediate the dispute over compensation for traffic accident damages, or may directly file a civil lawsuit with the people's court.

Regulations on Procedures for Handling Road Traffic Accidents

Article 44 Within five days from the date on which the conclusion of the inspection and appraisal is determined, the traffic management department of the public security organ shall notify the parties concerned to collect the detained accident vehicle, motor vehicle driving license and seized articles.

Article 47 The traffic management department of the public security organ shall, within 10 days from the date of on-site investigation, make a road traffic accident identification document. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within five days from the date on which the conclusion of the inspection or appraisal is determined.

1. According to your statement, if:

The other party asks you to give 1200 yuan, indicating that it is not that the other party is not cooperative, you can further discuss with the other party, it is best to negotiate and solve it yourself, and then go to the traffic police department to get your car back.

Second, if the other party really does not cooperate, you can go to the traffic police department, the traffic police department will organize mediation, if the other party does not cooperate, do not agree to mediation, the traffic police department can issue an accident responsibility determination, after the issuance of the accident responsibility determination, you can drive your car back first, and then you can go to the court for litigation.