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Anonymous users2024-02-06Legal analysis: To apply for traffic accident assistance, the traffic management department of the public security organ shall notify the rescue management agency in writing within 3 working days and submit relevant materials. After receiving the notice of advance payment and the application and relevant materials of the medical institution for the advance payment of rescue expenses that have not yet been settled, the rescue management agency shall review it within 5 working days.
The bailout** management agency will allocate funds to those who meet the requirements; If it does not meet the requirements, it will not be paid in advance, and the reasons will be explained to the medical institution. Legal basis:
Trial Measures for the Management of Social Assistance for Road Traffic Accidents
Article 2 These measures shall apply to the raising, use and management of social assistance for road traffic accidents. The term "social assistance for road traffic accidents" (hereinafter referred to as "assistance**") in these measures refers to the special social projects that are raised in accordance with the law to pay for the funeral expenses and part or all of the rescue expenses of the victims of motor vehicle road traffic accidents.
13th in the event of one of the circumstances listed in Article 12 of these measures need to be rescued ** advance part or all of the rescue costs, the traffic management department of the public security organs shall, within 3 working days, notify the rescue ** management agency in writing.
Article 14: After the rescue of the victim is completed, medical establishments may submit an application for advance payment to the aid management body for the rescue expenses that have not yet been settled, and provide supporting materials for the rescue expenses.
15th aid ** management agency received the public security organs traffic management department advance notice and medical institutions to pay the application and related materials that have not yet been settled rescue costs, shall, within 5 working days, in accordance with the relevant provisions of these measures, the guidelines for clinical diagnosis and treatment of persons injured in road traffic accidents and the local price department to develop the charging standards, the following content for review, and the results of the audit written notice of the road traffic accident handling of the traffic management department of the public security organs and medical institutions: (1) Whether it is a situation of advance payment for assistance as provided for in Article 12 of these Measures; (2) Whether the rescue expenses are true and reasonable; (3) Other content that the rescue management body deems necessary to review. For those who meet the requirements for advance payment, the aid management agency shall transfer the relevant expenses to the account of the medical institution.
For those who do not meet the requirements for advance payment, they will not be paid in advance, and the reasons will be explained to the medical institution.
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Anonymous users2024-02-051. How to apply for traffic accident assistance**.
1. The application method for traffic accident assistance** is as follows:
1) Traffic accident victims applying for assistance** shall submit a written application for advance payment to the rescue management agency at the place where the accident occurred**;
2) After receiving the application and related materials, the rescue management agency shall review it within 5 working days, and if it meets the requirements for advance payment, it shall transfer the relevant expenses to the account of the medical and funeral institution and inform the applicant in writing;
3) If the advance payment requirements are not met, the advance payment will not be made, and the reasons will be explained to the applicant.
Legal basis:Article 75 of the Road Traffic Safety Law of the People's Republic of China.
Medical establishments shall promptly rescue persons injured in traffic accidents, and must not delay treatment because rescue expenses are not paid in a timely manner. 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 liability limit; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape 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.
2. What materials are required for the application for traffic accident assistance**.
If you apply for assistance** to pay the rescue expenses in advance, you should provide the following materials:
1. Fill in the "Application Form for Advance Payment of Social Assistance for Road Traffic Accidents" in the prescribed format;
2. The victim's identity certificate or the identity certificate issued by the public security traffic management department cannot be confirmed;
3. Proof of rescue expenses, including: summary list of expenses, medical records, etc., should be stamped with the seal of the medical institution;
4. Notice of Advance Payment of Road Traffic Accident Rescue Expenses issued by the case-handling team.
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Anonymous users2024-02-04Social assistance for road traffic accidents** refers to the special social projects that are raised in accordance with the law to pay for the funeral expenses and part or all of the rescue expenses of the victims of motor vehicle road traffic accidents.
The application for social assistance for road traffic accidents** should include the following:
1. Name; 2. Reason for application;
3. The amount of the application;
4. Obligation to guarantee performance after borrowing;
5. Payment. 1. What should I do if the driver who caused the accident is fully responsible, but refuses to pay the medical expenses in advance.
According to the laws of our country, in a traffic accident, the owner of the car can not pay the medical expenses in advance, there is no relevant legal obligation, and the court can file a lawsuit against the car owner and the insurance company after processing, but if it is a rescue expense, the treatment shall not be delayed because the cost of the rescue foot is 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 liability limit; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape 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.
2. What should be done if the perpetrator wants to escape?
If the driver of a motor vehicle escapes after a traffic accident, and the motor vehicle participates in compulsory insurance, the insurance company shall compensate Qing Wei Jujube within the limit of liability of the compulsory insurance of the motor vehicle.
If the motor vehicle is not dismantled or the motor vehicle has not participated in compulsory insurance, and it is necessary to pay for the rescue, funeral and other expenses of the infringed person, the road traffic accident social assistance shall be paid 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.
3. Can the compulsory traffic insurance for traffic hit-and-run death be reimbursed?
According to the relevant provisions of China's Civil Code, as long as the traffic hit-and-run compulsory traffic insurance must be compensated, regardless of whether the person is dead or not. Article 1216 of the Civil Code of the People's Republic of China: If the driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurer shall compensate within the limit of liability of the compulsory insurance of the motor vehicle; 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 for the rescue, funeral and other expenses of the infringed person, 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.
Article 17 of the Road Traffic Safety Law stipulates that the State implements a compulsory third-party liability insurance system for motor vehicles and establishes social assistance for road traffic accidents. The specific measures are stipulated by ***.
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