Traffic accidents, ask for legal assistance! 35

Citizens applying for legal aid must meet two conditions, that is, the applicant has sufficient reasons to prove that he or she needs legal assistance to protect his or her legitimate rights and interests, and is indeed unable or unable to pay for legal services due to financial difficulties. The economic hardship standard shall be implemented with reference to twice the minimum subsistence security standard for urban and rural residents determined by the local people**. As long as the above conditions are obtained, it is completely possible to apply for legal aid.

In traffic accident dispute cases, if the parties have financial difficulties, they may request help from the local legal aid agency. According to the "Regulations of the People's Republic of China on Legal Aid", citizens who have the following matters and have not retained a person or defender may apply for legal aid or have a defense appointed by the people's court: 1. Request state compensation in accordance with law.

2. Requesting social insurance benefits or minimum subsistence security benefits. 3. Requests for payment of pensions and relief funds. 4. Requests for alimony, child support, or alimony.

5. Requests for payment of labor remuneration. 6. Asserting civil rights and interests arising from acts of righteousness and courage. 7. Personal injury compensation cases caused by medical accidents, traffic accidents, and work-related accidents.

8. Cases in which the victim requests divorce and compensation for personal injury due to domestic violence, abuse, bigamy, etc. 9. The criminal suspect has not retained a lawyer due to financial hardship after being questioned for the first time by the investigating organ or from the date on which compulsory measures are taken.

You are primarily responsible for the accident. Personal injuries come out of the strong danger, and if it is not enough, you need to take it.

1. If the serious injury is not reached, it means that it does not constitute a crime, and of course it cannot be wanted 2. If the perpetrator cannot be found to negotiate, it can only be prosecuted first, and it is best to sue within one year from the date of injury, otherwise the statute of limitations will pass.

3. If you don't sue for this problem, you may not get a penny, at least you can apply for enforcement of the court's judgment if you sue now.

4. You can sue.

5. This depends on your local lawyer's fee.

The driver and the owner of the accident should be prosecuted together.

If the driver has a traffic accident while driving for the factory, it is an act of duty, and the factory shall bear the corresponding responsibility according to the insurance company's compensation and liability ratio; If it is not an act of duty, then the driver shall be personally liable according to the insurance company's compensation and liability ratio.

Whether or not an application for preservation should be made based on the condition of the injured person, the ability of the responsible person (driver or factory) to perform, and the amount of compensation paid by the insurance company.

If pre-litigation preservation is taken, the lawsuit should be filed within 15 days after the preservation, and for the time being, the determination of liability has not been issued, and the other party is not maliciously in arrears of medical expenses, so even if pre-litigation preservation is taken, you will not be able to find a proper reason to sue by the 15th. If litigation preservation is taken, it must be applied for after the lawsuit is filed. However, due to the fact that the first period has not yet ended, the amount of compensation cannot be determined, and the amount of the litigation claim cannot be determined for the time being.

It is also necessary to complete the ** period and conduct a disability appraisal before the amount of compensation can be determined, so there are no conditions for litigation preservation.

1. You need to provide a guarantee to the court for litigation preservation.

2. The follow-up medical expenses and the specific amount of compensation are still unknown.

3. The other party has insurance and a unit, and should have the ability to compensate.

4. If the accident certificate determines that you are also responsible, the detention of the car will cause other losses (including litigation preservation fees), which will bring trouble to the future treatment.

In conclusion, there is no need to apply for litigation preservation.

Hurry up and go to the court to apply for pre-litigation property preservation before releasing the car, what should I do if the compensation cannot be realized when the car is released?

There are many or few insurances, and injuries are mild and severe. It's hard to say.

Article 49 of the Tort Liability Law of the People's Republic of China When the owner and user of a motor vehicle are not the same person due to leasing or borrowing, if a traffic accident occurs and it is the responsibility of one party to the motor vehicle, the insurance company shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle. For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

This article is about how to bear the liability for compensation in the event of a traffic accident when the owner and user of the motor vehicle are not the same person due to leasing, borrowing, etc. The key to understanding this article is to grasp three points:

1. In the event of a traffic accident after the motor vehicle has been insured with compulsory liability insurance, regardless of whether the user and owner of the motor vehicle are the same person, the insurance company shall first compensate within the liability limit of the compulsory insurance of the motor vehicle;

2. If the insurance company is still insufficient after compensating within the limit of compulsory insurance liability of the motor vehicle, the actual user of the motor vehicle shall bear the liability for compensation;

3. If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation. The "fault" here includes the failure of the motor vehicle owner to fulfill the obligations of taking out compulsory traffic insurance for the motor vehicle, checking the driving qualifications of lessees, borrowers and other users, whether there are prohibited driving situations (such as drinking, etc.), and ensuring the safety and performance of the motor vehicle.

It is worth noting that in the past, in the event of a traffic accident involving a motor vehicle, the court generally ruled that the owner was liable for compensation, but after the implementation of the Tort Liability Law, the principle of attribution of liability for the motor vehicle owner in the event of a traffic accident is the principle of fault liability, that is, the owner of the motor vehicle is liable for compensation only if he is at fault, and he is not liable for compensation if he is not at fault.

The above explanation can be confirmed: 1. The compensation for one death and three injuries of the borrowed vehicle is first attributed to the compulsory traffic insurance, and then to the borrower.

2. If you are not at fault as mentioned above, you shall not be liable.

3. The problem of your vehicle should be carried out at the same time as the borrower's compensation.

Look at the injured person first, then consider your vehicle. Happy holidays.

The owner of the car is jointly and severally liable, and can later recover from your friend.

So you pay the ** compensation together, and at the same time you can also file a claim for damages against your friend.

1. Article 49 of the Tort Liability Law stipulates that if a traffic accident occurs when a motor vehicle is borrowed, and it is the responsibility of the motor vehicle, the compulsory traffic insurance shall first compensate for it. For the insufficient part, the user shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Therefore, the owner bears the fault liability, not joint and several liability.

2. The owner's car is damaged in the accident caused by the fault of the borrower, and the loss is borne by the borrower in an emergency. In principle, compensation should be paid on an equal basis with the victims of car accidents.

Hope it helps.