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Next, the scope of compensation for the injury that has not resulted in disability: Because the traffic accident injury has not reached the level of disability, the scope of compensation that the victim can claim includes the following 7 items: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies and necessary nutrition expenses; II. Scope of Compensation for Disability Due to Injury In the case of disability due to traffic accidents, in addition to the expenses in Article 1, the following compensation items may be proposed according to the circumstances:
Disability compensation, disability assistive devices, living expenses for dependents, as well as necessary expenses, nursing expenses, follow-up expenses, etc., which are actually incurred due to nursing care and continuation. In addition, in the above circumstances, the close relatives of the victim may also request the compensation obligor to pay spiritual solace. Where the victim or the close relatives of the deceased suffer mental damages, and the person entitled to compensation requests the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make a determination.
However, the procedure for recovering compensation for traffic accidents is relatively reviewed, and it is best to find a lawyer.
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Is the injury serious? See a doctor who should see a doctor. If the injury is serious, you can apply for a disability appraisal or do a third-stage appraisal. After everything is settled, the other party is required to compensate.
In case of personal injury, the following compensation can be obtained: disability compensation, mental injury solatium, medical expenses, transportation expenses, lost work expenses, nutrition expenses, nursing expenses, hospital meal allowances, living expenses for dependents, disability equipment expenses, property damage expenses, appraisal fees, attorney fees, etc.
Lost work expenses, nutrition expenses, and nursing expenses are subject to the conclusion of the third phase of appraisal.
Disability level matters, disability appraisal conclusions shall prevail.
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If there is a personal injury, after being cured, bring a medical bill (and possibly a disability appraisal opinion) to the other party for compensation.
If there is any property loss, after determining the loss, find the other party to compensate.
If the other party does not cooperate, the other party will directly contact the insurance company.
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Completely correct, if you talk about compensation, if you can't negotiate, you will have to file a lawsuit.
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The next thing is for the other party to notify you of your insurance, and then you go to a repair shop that you both agree to repair, and then hand over the invoice to the other party, and the other party will give you the money, and then nothing will happen to you. The other party will then reimburse his insurance company according to the invoice you provide.
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Settle a lawsuit against the other party and the insurance company.
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1. After the responsibility for the traffic accident is determined, the other party is fully responsible, how to deal with it in the future?
If the other party is fully liable, the loss of the other party shall be borne by the party who is fully responsible.
Accidents on both sides need to be dealt with by calling 110 at the scene of the accident, and usually the traffic police will give two treatment plans after calling 110:
Both parties to a minor accident can go to the ClaimCenter within 24 hours to assess the damage.
The traffic police investigated the scene, issued an accident certificate, and then went to the repair shop to assess the damage.
After the damage assessment is completed, it is time for repair and claim. Since the insured is the fully responsible party, the insurance company's claim payment is fully compensated to the fully responsible party insured, and the non-responsible party will not give the claim, and the non-responsible party shall communicate with the other party in a timely manner after the damage assessment is completed, ask for the vehicle maintenance fee and hand over the invoice and a copy of the claim certificate to the fully responsible party for compensation.
2. Under what circumstances will the parties be fully liable?
Traffic accident liability is divided into full liability, primary liability, equal liability, and secondary liability. In traffic accidents, the following situations can be determined that one of the parties needs to be fully liable:
1. The parties escape, causing changes in the scene, destroying evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident;
2. The parties deliberately destroy or falsify the scene or destroy evidence;
3. The party driving the vehicle at an intersection controlled by a traffic light and continuing to pass at a red light;
4. The party driving a motor vehicle crosses the center line of the road or the isolation facility where it is prohibited to cross and causes a traffic accident with other vehicles or pedestrians on the road;
5. The party driving a motor vehicle into a non-motorized lane or within the non-motorized vehicle traffic area of Lu Hong, and colliding with a non-motorized vehicle traveling in the same direction;
6. The party driving a vehicle to hit a pedestrian on the sidewalk or within the pedestrian traffic range;
7. The party driving a vehicle hits a pedestrian passing in a pedestrian crossing in accordance with the law;
8. The party driving the vehicle does not avoid the police car, fire truck, ambulance, or engineering rescue vehicle performing emergency tasks;
9. The load of the vehicle driven by the party is spilled or scattered, resulting in a traffic accident;
10. When a party drives a motor vehicle in reverse, a traffic accident occurs with other vehicles or pedestrians behind the vehicle;
11. The party driving a non-motorized vehicle in the wrong direction on a non-motorized lane causes a traffic accident with a non-motorized vehicle driving in the straight direction;
12. A party driving a non-motorized vehicle overtakes a non-motorized vehicle driving in the same direction on a non-motorized lane and causes a traffic accident.
Legal basis
Article 71 of the Provisions on Procedures for Handling Road Traffic Accidents If a party has any objection to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date of delivery of the road traffic accident identification or road traffic accident certificate. Where the parties submit an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing. The application for review shall clearly state the request for review and the reasons for the early model book and the main evidence.
The review of the same incident is limited to one time.
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1. When will the liability determination letter be signed for being hit by a car?
1. After being hit by a car, the liability certificate can be signed if there is no objection to the liability certificate. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties. For traffic accidents that do not require inspection or appraisal, the public security organs shall draft a certificate of determination of the traffic accident within 10 days from the date of the investigation of the scene.
2. Legal basis: Article 62 of the "Provisions on Procedures for Handling Road Traffic Accidents" The traffic management department of the public security organ shall make a road traffic accident identification certificate within 10 days from the date of on-site investigation. In traffic hit-and-run cases, a road traffic accident identification 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 inspection report is accepted and the appraisal opinion is confirmed.
The traffic management department of the local public security organ where conditions permits may publish the road traffic accident certificate on the Internet on a trial basis, but shall keep confidential the state secrets, commercial secrets or personal privacy involved.
2. What are the most basic raw materials for issuing accident liability certificates?
1. The identities of both parties to the accident, driver's license, driver's certificate and original insurance policy. A copy of the ID card;
2. If the report involved in the vehicle needs to be tested;
3. The investigation drawings of the accident scene by the traffic police, as well as the records of the two parties or witnesses questioned;
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
According to the provisions on the handling of road traffic accidents, the scope of compensation for damages includes: medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, transportation expenses, accommodation expenses and direct property losses. If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the event of death, there shall be death compensation, living expenses for dependents, etc., and each compensation item shall be determined according to the actual situation, and the expenses shall be settled at one time. >>>More
It depends on what your expectations are, and it's not difficult to get a winning verdict. The key is the issue of compensation. >>>More
Under normal circumstances, within 10 days after the accident, the traffic department shall make a traffic accident certificate, and if it is necessary to conduct inspection and appraisal, then a traffic accident liability certificate shall be made within five days after the results are released. >>>More
If the mediation agreement can clarify your rights and interests, you can cremate first and then perform the agreement, there is no contradiction, the key is to be able to ensure the performance of the agreement. >>>More