Car Accident Compensation Issues 15, Car Accident Compensation Issues

1. If the vehicle involved in the accident has purchased insurance, the owner and driver of the vehicle involved in the accident can be sued together with the insurance company that purchased the insurance;

2. The underwriting insurance company shall first compensate within the limit of liability, and the insufficient part shall be borne by the perpetrator.

3. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

4. Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents Article 16 Where a motor vehicle insured with compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") at the same time causes damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:

1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;

2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;

Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.

5. The specific compensation items and calculation standards are described in detail in the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, and it is recommended to refer to them.

First of all, whether the person in the accident is wearing a seat belt, if not, he bears some responsibility, many car accidents tell us - the seat belt is really an umbrella for personal safety at a critical moment. (Did the driver remind the person involved in the accident to wear a seatbelt).

Whether the vehicle involved has violated the violation, whether it is the violation of the accident vehicle or the violation of the collision, if it is a collision violation, it will be held responsible.

In addition, for what reason the vehicle was rear-ended, whether the vehicle has its own quality problems, and if so, the factory can be held accountable.

The above depends on the content of the traffic accident certificate.

Then the boss who drives should also look at the validity period of his driver's license, and the driver identified in the certificate should be him, and the driver can sue the boss. And I like to say that all the damage in the future has nothing to do with Party A, etc., and the court can still sue for new circumstances.

Not necessarily. Look at how the traffic accident certificate is determined.

In addition, it is now better to sue the insurance company in a timely manner, suing with commercial insurance.

Go to court to file a lawsuit, in addition to asking for compensation. It is also possible to apply to the court for prior enforcement.

There are three expenses under the compulsory traffic insurance, but there are differences according to the different responsibilities of the accident, I will list them for you:

1. Property loss limit: 2,000 yuan (responsible) 100 yuan (no liability).

2. Medical expense limit: 10,000 yuan (responsible) 1,000 yuan (no responsibility).

3. Death and disability limit: 110,000 yuan (responsible) 11,000 yuan (no liability).

Among them, it is said in the compulsory traffic insurance.

Medical expenses include: medical expenses, diagnosis and treatment fees, hospitalization expenses, inpatient meal subsidies, necessary and reasonable follow-up expenses, cosmetic surgery expenses, and nutrition expenses.

Death and disability expenses include: funeral expenses, death expenses, transportation expenses incurred by the victim's relatives for funeral matters, disability compensation, disability assistive device expenses, nursing expenses, ** expenses, transportation expenses, living expenses of dependents, accommodation expenses, lost work expenses, and solatium for mental damage borne by the insured in accordance with court judgments or mediation.

Because of this traffic accident, you have the right to claim compensation for the economic losses you have suffered, and you have the right to claim compensation if you are involved in the above-mentioned compensation items, not that you want 5,000, others should give you 5,000, and you need evidence.

For example, all medical expenses can be compensated by invoices, and the lost work expenses must be based on the sick leave certificate issued by the doctor and the salary income certificate issued by the unit.

If you have an accident, if you are not hospitalized**, but only have a skin injury, in addition to medical expenses, you can only claim compensation for lost work expenses and transportation expenses (used when going to the hospital for medical treatment, you also need to present a ticket).

1. Students during the internship period are students who are not workers in the sense of the labor law, and may not be accepted to apply for work-related injury determination at the labor bureau, but you can give it a try.

2. If it cannot be recognized as a work-related injury: it shall be claimed as a personal injury, and all claims can be made to the party causing the accident, or it can be claimed from the company first according to the agreement in the internship agreement, and the company shall claim from the party responsible for the insufficient compensation.

3. After your brother is discharged from the hospital, he should first apply for a disability appraisal to determine the level of disability, and then claim compensation according to the level of disability.

4. The compensation that can be claimed includes: medical expenses, lost work expenses (if there is a salary during the internship), nursing expenses, transportation expenses, hospital meal expenses, nutrition expenses, etc., and if it constitutes disability, there are also disability compensation and disability assistive device expenses. For specific calculation standards, refer to Articles 17-26 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Car damage, ** fee, lost work wage, escort salary, hospital meal subsidy, follow-up ** fee, property damage, transportation expenses; where a person is disabled, disability allowance and disability assistive devices shall be paid; In the event of death, death compensation (calculated based on the sum of the local per capita income of the previous year for 20 years), funeral expenses (calculated based on the local per capita income of the previous year for 6 months), and living allowance for dependents shall be paid.

That's pretty much it.

Apply for work-related injuries and claim compensation according to work-related injuries. At the same time, compensation is demanded from the perpetrators.

1. Whether there are no longer potential safety hazards after the house is repaired: you can ask the building inspection department to do a quality appraisal. If there are still hidden dangers after identification, you can ask the other party to repair it again.

2. The tenant of the shop terminates the contract because of the hidden danger of the house caused by the car accident: if the house does have hidden dangers and the loss is an indirect loss caused by the car accident, you can claim compensation from the other party;

However, if the house meets the use standards after appraisal and the tenant requests to terminate the lease contract, it is a breach of contract by the tenant, and you cannot claim compensation from the party responsible for the accident, but you can require the tenant to bear the liability for breach of contract.

3. Regarding the loss of rent of the two-story house: it may be requested that the loss be calculated according to the original rental value during the period from the time when the lease contract is terminated to the time when the person can live after maintenance.

4. The rent you rent to live abroad is also a loss, and you can ask the other party for compensation.

5. It is difficult to get support for moral compensation, and it can be claimed, but the court judgment will not be much, and it is recommended that as much as you can get during the negotiation.

In addition to the moral damage you mentioned, other items can claim compensation.

Hello, to the problem you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

Because you pay all the medical expenses, you also pay for the nursing, and you also pay for the meals during the hospitalization, so you basically don't have to pay any more.

Now you go to the traffic police, there is no scene, and it is difficult for the traffic police to hold you responsible.

Expenses other than insurance payouts are shared proportionately to liability. It is recommended that you bring the relevant bills to a lawyer for face-to-face consultation, and the items and amounts that need to be compensated still need to be specifically calculated.

1. The compulsory traffic insurance shall compensate the two of you, and the liability shall generally be divided equally within the limit.

2. You and the other party are jointly and severally liable for compensation to your colleagues.

3. You can also ask the other party to compensate for medical expenses, lost work expenses, nursing expenses, hospital meal subsidies, transportation expenses, and disability compensation if it constitutes disability.

Hello! The amount of compensation shall be apportioned according to the division of liability.