How to deal with car accident disputes, how to deal with traffic accident disputes

After a traffic accident, the most important thing is how to deal with it, so how to claim compensation has become a question often asked by netizens, so today I will share this issue in a unified way. First of all, it needs to be emphasized that everyone must use legal means to deal with accidents, and cannot use excessive methods, which is not only not conducive to solving problems, but will also escalate contradictions, and may even violate the law. So what are the legal ways to make a claim?

There are two main ways, one is reconciliation and the other is litigation. If you settle in this way, you must pay attention to signing a written settlement agreement with the other party, otherwise, all verbal promises may become "empty talk"; Another method is litigation, which is what we often call "litigation", which requires going to the court to file a case, and finally implement it in accordance with the mediation letter or judgment issued by the court.

Hello, in traffic accident dispute litigation you need to do the following:

Step 1: Be clear about who you want to sue

In litigation, "who to sue" is a very important issue. If the target of the lawsuit is wrong, it will not only waste time, manpower, and financial resources, but also fail to achieve the purpose of claiming compensation. On the issue of "who to sue", the first thing to see is who is the owner of the vehicle on the license of the other party at the time of the accident, and if it is the driver who caused the accident, then directly sue him.

If the vehicle is owned by another owner, the driver can be sued as co-defendants along with the owner. If the owner of the vehicle is a unit, the unit can be sued as a defendant.

In addition, from the perspective of safeguarding the interests of the injured party, the "Measures for the Handling of Road Traffic Accidents" promulgated by *** also specifically stipulates the principle that the owner bears the responsibility of advance payment. If the driver of the motor vehicle who bears the liability for compensation is temporarily unable to compensate, the driver's unit or the owner of the motor vehicle shall be responsible for the advance. However, after the fact, the owner of the vehicle who bears the responsibility of the advance payment can recover from the driver who caused the accident.

Step 2: Get the evidence.

The traffic management department of the public security organ is the statutory authority for determining road traffic accidents, and although the "Road Traffic Accident Liability Determination" issued by it should be cross-examined by the parties and cannot of course become the basis for the court to determine the facts of the case, it is still of great significance in the litigation as an important evidence for handling traffic accident disputes, and in the litigation, it is still of great significance to prove the degree of responsibility of both parties. After the case is brought to the court, although the court should confirm the responsibility for the accident based on the facts investigated by the court, and the scope of the investigation is not limited by the public security organ's liability determination, under normal circumstances, when the parties do not have conclusive evidence to overturn the content of the liability determination, the court will accept the public security organ's determination of liability and determine the liability of the relevant party on this basis. Therefore, when the parties get the accident liability determination letter from the traffic team, they must carefully read the content of the liability determination.

If they are not satisfied, they should promptly apply to the public security organ at the next higher level for reconsideration.

Step 3: Reasonable compensation.

In traffic accident disputes, the compensation issues involved generally include compensation for property damage and compensation for personal injury. The scope of compensation for property damage mainly includes: repair fees; loss of goods on board, etc.

Repair fee: According to the reasonable amount on the repair invoice, if the vehicle has been scrapped, it should be compensated at a discount; Compensation for damage to items on board the vehicle in an accident shall be based on the actual loss.

The main items of personal injury compensation are: medical expenses; Lost time pay; Hospitalization meal subsidy; nursing fees; Living allowance for the disabled; disability appliance fee; funeral expenses; death compensation; maintenance of dependants; Travelling expenses; accommodation fees and so on. Among them, the lost work expenses include two parts, one is the lost work expenses caused by the party's inability to go to work during the period of medical treatment and hospitalization, and the other is the lost work expenses due to the handling of the aftermath of the traffic accident.

Web Links.

In the event of a traffic accident, the first thing to call is to call the police and call 120 for emergency services**.

As the driver who caused the accident, he should report the accident to the insurance company in a timely manner, so as not to be used by the insurance company as a reason for not paying compensation because the report is not timely.

Whether it is the driver or the victim, all kinds of invoices should be properly kept, such as invoices for first aid expenses, medical expenses, nursing expenses, food subsidies, nutrition expenses, food and lodging expenses incurred by relatives in handling traffic accidents, transportation invoices, transportation invoices and appraisal fee invoices, etc., as the basis for mediation or litigation.

After a traffic accident occurs, the party concerned shall request the traffic police department to issue a traffic accident identification certificate in a timely manner; If the parties have any objections to the traffic accident identification, they shall promptly submit a written application for review to the traffic management department of the public security organ at the next higher level.

For car owners who participate in third-party liability insurance, whether it is to the traffic police department or the court, the insurance company should be notified in time of the amount of compensation claimed by the victim, and the victim's various losses cannot be directly paid. Without the participation and recognition of the insurance company, the car owner is very likely to pay the victim's various losses first, and then settle the claim to the insurance company, or even go to court, which is time-consuming and laborious.

After the victim is discharged from the hospital, he or she should keep the diagnosis certificate, CD, X-ray, and statement during the hospitalization in a timely manner, and make a copy of the medical record (with the hospital seal) in a timely manner. Facilitate the victim to preserve evidence in a timely manner and prepare for mediation, disability evaluation, and litigation; In addition, it prevents the hospital from tampering with medical records due to possible medical accidents.

If the victim needs to be transferred**, he must have a transfer certificate issued by the original hospital, otherwise, he or she shall not be transferred to another hospital without authorization; If medication is required, the victim is not allowed to buy medicine from other hospitals or pharmacies without authorization, unless the original hospital agrees, otherwise the judge will not be able to support it in court, and the victim will have to pay out of his own pocket.

When the victim is discharged from the hospital, he or she should carefully read the discharge certificate issued by the attending doctor. If the victim is of the type of "elderly, young, sick, disabled, and pregnant", according to his or her own condition and needs, the doctor is required to indicate on the diagnosis certificate that "nutrition should be strengthened and special care is required", thus laying a factual basis for claiming nutrition and nursing expenses after discharge in subsequent mediation and litigation.

If the victim's injuries are serious, they shall promptly entrust a forensic evaluation center registered by the national judicial department to conduct a disability evaluation after the ** is concluded; If the victim needs long-term care dependence, a nursing dependency evaluation should be made; If the victim's disability may be related to his or her primary disease, a forensic medical examiner should be consulted to determine causality as much as possible.

When the victim sues, the driver, the car owner and the insurance company are listed as defendants at the same time, which can avoid the phenomenon of mutual blame due to the separate prosecution of one of the parties, and the payment of compensation will be guaranteed if there are many defendants.

In handling traffic accident disputes, you may request mediation from the traffic management department of the public security organ, or you may directly file a civil lawsuit with the people's court. Filing a lawsuit for a deficit shall submit the complaint, evidentiary materials, ID cards, and other materials or certificates, and then pay the litigation fees and go to the court to participate in the trial. Loss.

[Legal basis].Article 74 of the Road Traffic Safety Law.

The parties concerned may request mediation by the traffic management department of the public security organ for the settlement of the dispute over compensation for traffic accident damages, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.