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It depends on what your expectations are, and it's not difficult to get a winning verdict. The key is the issue of compensation.
1. It is recommended to do a traffic accident disability appraisal first
At present, the legal basis for handling traffic accidents is the Road Traffic Safety Law and its implementation rules, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
After the completion of medical treatment, the victim of a traffic accident can go to the forensic laboratory for disability evaluation with the diagnosis certificate issued by the hospital and the relevant information such as the hospitalization medical record, and there is no six-month rule (but some commercial insurance has this provision of "within six months"), but the statute of limitations is one year from the date of the accident, and this period cannot be passed.
In practice, the general rule is that the earlier the disability is done, the higher the grade may be, and the later the disability is done, the lower the grade may be due to the better recovery. But this is not absolute.
2. The amount of compensation depends on the level of disability. If the disability is not reached, the amount of the claim should be calculated based on medical expenses, lost work expenses, nursing expenses, transportation expenses, etc.
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Hire a lawyer. The process of prosecution is not difficult for people in the industry to understand...
Find a lawyer --- forensic appraisal to assess the disability-
You are mainly suing the other party's insurance company. If you don't have insurance, I think you still don't sue... The court can only ask for insurance money.
Lost time pay is calculated to the day before the disability assessment.
If the other party has insurance... You have at least 30,000 to 40,000 in compensation.
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When you sue, there is no question of whether the probability of winning is great, but how much compensation you can get, and the compensation for lost time and other amounts needs to be appraised. You can add the following QQ to discuss in detail.
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Liability for a traffic accident cannot be determined depending on the circumstances
1. If the liability cannot be determined between the motor vehicle and the non-motor vehicle, the motor vehicle party shall first assume that the motor vehicle party bears all the responsibility for the accident, but if the motor vehicle party has evidence to prove that the non-motor vehicle party is at fault, the liability of the motor vehicle party may be appropriately reduced;
2. If the responsibility for a traffic accident between motor vehicles cannot be determined, both parties shall bear the responsibility for the accident equally;
3. If the responsibility for an accident between non-motor vehicles or pedestrians cannot be determined, and the other party can be proved to be at fault, it shall be appropriately reduced.
Legal basisRoad Traffic Safety Law of the People's Republic of China
Article 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. 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.
Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request the traffic management department of the public security organ to mediate, or they may directly file a civil lawsuit with the people's court.
Article 75: Medical training institutions 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.
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Legal analysis: The first is to negotiate with the other party, if you can reach a consensus and do not violate laws and regulations, you can sign a settlement agreement according to the content of the negotiation, and both parties will perform in accordance with the agreement. The second is to make the final decision on the proportion of liability borne by both parties through litigation.
Legal basis: "Measures for the Handling of Road Traffic Accidents" Article 45 If the loss of personal or property caused by the blind person or property caused by the public security organ's investigation cannot be confirmed to be caused by the violation of regulations by any party, the parties to the dispute over compensation for damages may file a civil lawsuit with the people's court.
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
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