Is it reasonable for the other party to ask me to pay the medical expenses and accompany me in advan

Updated on society 2024-03-22
7 answers
  1. Anonymous users2024-02-07

    You can pay in advance, but be sure to keep the documents so that you can recover them later.

    Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

    Article 19 Medical expenses shall be determined on the basis of the receipts of medical expenses, hospitalization fees, and other receipts issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

    The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.

    Article 21.

    The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care.

    Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.

    The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years.

    The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.

  2. Anonymous users2024-02-06

    You can pay in advance, but be sure to keep the documents so that you can recover them later. Specifically, you can scan the avatar*** to ask.

  3. Anonymous users2024-02-05

    1. There is no need to pay medical expenses in advance for car accidents for the following reasons:

    1) The party responsible for the traffic accident should have to pay the medical expenses, if the party responsible for the accident does not pay, the medical expenses can be paid in advance, and then the other party can be required to compensate for the medical expenses and other compensation through litigation and other means;

    2) The law does not stipulate that the party responsible for the accident has the obligation to pay in advance;

    3) The traffic police will not determine the amount of compensation, will not force the party responsible for the advance, can only organize mediation between the two parties, the basic principle of mediation is voluntary, if the mediation fails by the court judgment.

    2. Legal basis: Article 22 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability.

    In any of the following circumstances, the insurance company shall pay the rescue expenses within the limits of the compulsory insurance liability for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim:

    1) The driver has not obtained driving qualifications or is intoxicated;

    2) The accident is caused during the theft and robbery of the insured motor vehicle;

    3) The insured intentionally causes a road traffic accident.

    In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.

    2. What is the litigation process for car accident compensation disputes?

    1. The plaintiff sues;

    2. After the court accepts it, a copy of the indictment shall be served on the defendant;

    3. The defendant submits a reply within 15 days, and the court delivers a copy of the reply to the plaintiff within 5 days.

    4. For cases that are decided to be heard, the court shall notify the parties and make an announcement three days in advance;

    5. The court investigation stage includes the parties' statements, informing the witnesses of their rights and obligations, witnesses testifying, reading out the testimony of witnesses who have not appeared in court, presenting documentary evidence, physical evidence and audio-visual materials, reading out the appraisal conclusions, and reading out the inquest records;

    6. Court debate includes the plaintiff and its litigant making a speech, the defendant and its litigant replying, and the third party and its litigant speaking or replying and arguing with each other. At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party;

    7. At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner;

    8. Announcement of judgment.

  4. Anonymous users2024-02-04

    Legal analysis: The law is not mandatory, and you can choose according to the actual situation. If you are injured in a car accident while driving, you need to send the injured person to the hospital first, and then wait for the traffic police to make a liability determination.

    Legal basis: Civil Code of the People's Republic of China

    Article 1213 Where damage is caused by a traffic accident involving a motor vehicle and is the responsibility of the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If the company is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

    Article 1216 Where a driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurer shall compensate within the limits of liability of the compulsory insurance for motor vehicles; If the motor vehicle is unknown, the motor vehicle has not participated in compulsory insurance, or the rescue expenses exceed the liability limit of the compulsory insurance of the motor vehicle, and it is necessary to pay the rescue, funeral and other expenses of the infringed person before the first yard, the road traffic accident social assistance ** shall pay in advance. After the social assistance for road traffic accidents has been paid in advance, its management agency has the right to recover from the person responsible for the traffic accident.

  5. Anonymous users2024-02-03

    Legal Analysis: You don't need to pay for your own car accident medication. The medical expenses incurred in the accident shall be paid in advance by the insurance company that underwrites the accident within the scope of the claim, and the perpetrator may be required to bear it if it is insufficient, and if there is an advance payment, it can be recovered from the insurance company and the perpetrator.

    A car accident refers to an accident that occurs while driving (mostly referring to a motor vehicle such as a car). The injuries caused can be roughly divided into deceleration injuries, impact injuries, crushing injuries, crushing injuries and fall injuries, among which deceleration injuries and impact injuries are the most. Drunk driving, speeding, fatigue driving, failure to maintain a safe distance, and refusal to use seat belts are common causes of highway traffic accidents.

    Legal basis: Article 19 of the "Provisions on Procedures for Handling Road Traffic Accidents" In the event of a property damage accident between a motor vehicle and a motor vehicle, or a motor vehicle or a non-motor vehicle, the parties shall, under the principle of ensuring safety, fix the evidence by taking photos at the scene or marking the location of the accident vehicle, and then immediately evacuate the scene, move the vehicle to a location that does not obstruct traffic, and then negotiate and deal with the matter of compensation for damages, except in the first paragraph of Article 13 of these Provisions.

    In the event of a property damage accident between a non-motorized vehicle and a non-motorized vehicle or pedestrian, the parties shall first evacuate the scene and then negotiate to deal with the matter of compensation for damages.

    For those who should have evacuated the scene on their own but did not evacuate the hand, the traffic police shall order the parties to evacuate the scene; If a traffic jam is caused, the driver shall be fined 200 yuan.

  6. Anonymous users2024-02-02

    Summary. Hello, the cost of the escort, do not need to pay in advance, medical expenses and living expenses, the owner of the car to pay, as for the cost of the escort, wait for the insurance company to settle the claim and then calculate, this is not an immediate expense, you can not pay in advance.

    The owner of the traffic accident is fully responsible, and the family members ask for an escort, and they also have to pay medical expenses and living expenses in advance, do you need to pay for the escort?

    Hello, the cost of the escort, no need to pay in advance, medical expenses and living expenses, the owner of the car potato bend to pay in advance, as for the cost of the escort, wait for the insurance company to settle the claim and then calculate, this is not in the service is the cost of immediate expenditure, you can not pay in advance.

    After the traffic accident, the medical deferral fee paid in advance by the owner of the car shall be paid by the insurance company, and the insurance company shall pay it. Where responsibility shall be shared with the victim, the victim shall return part of the medical expenses. The insurance company can compensate the insured for the insurance money, or directly to the victim.

  7. Anonymous users2024-02-01

    If the other party in the car accident is fully responsible and does not pay the medical expenses, the injured person can pay in advance first, and then the perpetrator can be sued for compensation. After a car accident occurs, the traffic police determine the responsibility, and then pay compensation according to the proportion of responsibility. The items and standards of personal damages are:

    The compensation obligor shall compensate for all expenses incurred due to medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

    Article 75 of the Road Traffic Safety Law of the People's Republic of China provides that medical institutions shall promptly rescue persons injured in traffic accidents, and shall not delay the treatment of Sui Huqing because the rescue expenses are not paid in time. If the vehicle involved in the accident participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the limit of liability; If the rescue expenses exceed the liability limit, and the person who fails to participate in the compulsory third-party liability insurance of the motor vehicle or escapes after the accident, the road traffic accident social assistance ** shall pay part or all of the rescue expenses in advance, and the road traffic accident social assistance ** management agency has the right to recover from the person responsible for the traffic accident.

Related questions
9 answers2024-03-22

1. Due to the sudden injury of the injured person, the human body will produce a stress reaction, and various hormones in the human body will work rapidly, and the energy stored in the human body will be quickly consumed to supplement the energy maintenance of the human body, so a large number of carbohydrates, proteins, minerals, etc. are urgently needed, but due to the emergency needs of the human body, the gastrointestinal function is in a weak state, and the absorption is restricted, so all the people should provide a liquid or semi-liquid diet. >>>More

2 answers2024-03-22

Let him keep an eye on his children.

3 answers2024-03-22

Because school buses are provided by schools or kindergartens, the school or kindergarten shall be responsible for injuries to students or car accidents caused by the school's failure to fulfill its educational and management duties. If the school bus driver is not intentional or grossly negligent, and infringes on the tort due to his duties, the tort liability shall be borne by the school. >>>More

40 answers2024-03-22

is not worthy of sympathy, the live broadcast on the highway is a joke about his own life and that of his family. If you know the risk, you are lucky. I don't know until I regret when something happens, and there is regret medicine in the world? >>>More

7 answers2024-03-22

About 400,000! Not necessarily, this compensation is calculated according to the average salary of the local area, and you can find a lawyer and ask him to calculate it. If you have been hospitalized and have your spleen removed, you can pay for nutrition and mental damage.