My mom was in a car accident, but the perpetrator gave 1,000 dollars and took all 10 of the blame

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.

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.

There is a provision in the regulations on the determination of work-related injuries: If a person is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work, it may be recognized as a work-related injury. Your friend's can be recognized as a work-related injury, but it is important to remember that the place where he had the accident must be the way he gets home from work, otherwise it will not be recognized as a work-related injury.

The procedure is: first make a work-related injury determination, and apply to the local labor department for work-related injury identification (the time limit for work-related injury identification is within one year after the occurrence of work-related injury), and the materials required are: (1) an application form for work-related injury identification;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

After the work-related injury is identified, the disability appraisal will be done after your friend** is over. The disability appraisal shall be submitted by the employer, the injured employee or his/her close relatives to the labor ability appraisal committee of the city divided into districts, and provide relevant materials on the work-related injury determination decision and the employee's work-related injury medical treatment.

Because your friend was injured and the driver of the car has borne all the medical expenses, now your friend needs the compensation from the employer is the disability compensation after the disability assessment level and the work-related injury salary after the injury.

The company he works for does not bear any responsibility, because it is off duty, not on business, so it cannot be recognized as a work-related injury... Don't be too greedy!!

If you are involved in a car accident on your way to or from work, please refer to the revised Regulations on Work-related Injury Insurance that came into force on January 1, 2011 (the "Work-related Injury Insurance Regulations 2011"). The regulations stipulate that if a person is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work, it can be recognized as a work-related injury.

If your friend is not the main responsibility, he should also prepare a traffic accident certificate, because to apply for a work-related injury determination to the Human Resources and Social Security Bureau, you must provide a traffic accident certificate, and other certificates are not allowed. If it is recognized, it can enjoy work-related injury benefits.

The company should bear the liability for work-related injuries, and the compensation standard should be consulted in person.

Lawyer Chen Zhe.

Hello: For your situation you can do this:

Clause. First, you go to the traffic police department, that is, the traffic police officers who handled the car accident at the beginning, and see what they can do. You can also directly call ** to negotiate with the car owner. Generally, as long as the owner of this kind of thing sees that the victim's life is not in danger, he will generally not take the initiative to pay the money.

Clause. Second, find money first, put your mother's ** good, and then put the cost invoice in the best way your mother is completely good in the negotiation with the car owner, if the purpose of the negotiation is not achieved, you can go to the court to sue the car owner for compensation (** fee, lost work fee, nutrition fee, nursing fee, later ** fee and other related expenses).

Clause. Third, you also have to go to the awareness department to ask for the determination of responsibility for the accident, which will be used in the later court lawsuit, because the liability will affect the cost of compensation.

I hope it helps you.

Go to the public security bureau to solve the problem first, but if you can't go to the court.

Find the police, then find the car owner, and if you can't get a lawyer.

Resolve it through litigation as soon as possible.

Zongheng Legal Network-Fujian Mingshi Law Firm-Lawyer Zhou Xingfang.

Please don't revise my book.

In accordance with the Code of Civil Procedure

Article 256: There are the following emotional versions.

In the case of one of them, the Human Rights and Civil Court shall rule to suspend the enforcement

(1) The applicant indicates that enforcement may be extended;

(2) Persons not involved in the case raise a well-founded objection to the subject matter of enforcement;

(3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations;

(4) Where a legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined;

(5) Other circumstances where the people's court finds that enforcement should be suspended.

After the suspension disappears, the execution resumes.

Now that the person subject to enforcement has property and can be enforced, you should write a complaint and apply to the court to resume enforcement.

If the local court does not accept it, take the evidence and apply to the court of second instance for compulsory enforcement

Hello. The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property being enforced is located.

Because the property subject to enforcement is in Jiangsu, it should be the court that made the judgment, and the case should be transferred to the Jiangsu court and entrusted to the Jiangsu court for enforcement. Procedurally right. Now that the application for enforcement has been applied for, and the case has been transferred again, it should be enforced soon.

My friend's company in Guangzhou, and another similar company in Beijing have business dealings, may be due to my friend's business problems, debts, sued by the Beijing company, and then transferred to the Guangzhou District Court and the execution of seizure, etc., your situation can be operated in the same way, but also to transfer the case to the court where the parties are located to prosecute, good luck.

2. As for the follow-up fee, it depends on whether it is necessary. If you are able to get a doctor to prescribe a medical order that is necessary for something**, you can claim compensation now; If there is no doctor's order to deem it necessary, then there must be an actual follow-up** before you can claim compensation again, but only if this follow-up ** is necessary. For example, if someone injures their face in a car accident, the cosmetic surgery fee may also be upheld by the court if the degree of the injury is very much affecting their appearance.

3. As for the question of whether the disability can be assessed, you can refer to the provisions of the "Disability Assessment of Persons Injured in Road Traffic Accidents" for comparison, if it is only the scar you said, it cannot be assessed as a disability.

4. How to negotiate the settlement of claims:

If the consequences of your mother's car accident are not very serious, there is no need to sue in court, so as not to waste your mind; If it is very serious or the other party does not accompany and the amount of compensation is unreasonable, you can consider suing.

So how do you negotiate?

First of all, you have to be sure that you can ask the perpetrator and the insurance company to compensate together, so you don't need to be weak-hearted, you must have confidence, because your mother was injured because of the other party; But don't be too arrogant in your attitude, otherwise the other party may rather drag you to death and let you sue, and then talk about it after the first and second trials, which will make you sick to death.

Secondly, you should look up the relevant legal provisions, roughly refer to your mother's specific situation and calculate the amount of compensation you should receive according to the law, and then claim compensation according to the upper and lower ranges of this amount. Why do you want to rely on this amount, because if it exceeds this amount too much, the other party will refuse to pay, and the insurance company has a large group of lawyers to do this work; And if it's too low, your side will suffer. Therefore, the amount of compensation must be calculated.

You didn't explain the other relevant situations, so I can't help you do the math. The legal provisions referred to are the Tort Liability Law, 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 the Road Traffic Safety Law.

In addition, it is the process of negotiation, you must first characterize the car accident and reach a consensus, that is, who is at fault, who bears the main responsibility and secondary responsibility (or full responsibility or no responsibility) as stated in the traffic accident identification document; Then according to the distribution of responsibility, if the other party is fully responsible, you will directly claim compensation according to the upper and lower range of the amount you calculated, and if it is a major and secondary responsibility, you must negotiate the proportion of responsibility, such as how many percent your mother has to bear.

The vehicle involved in the accident has compulsory traffic insurance, and the insurance company directly compensates the injured party within the limit of the compulsory traffic insurance; This is non-negotiable, and the other party will refuse your request. The insufficient part shall be claimed to the other party in accordance with the proportion of responsibility for the accident; The other party cannot refuse to compensate for the follow-up fee, and can claim it at the time of filing a lawsuit or sue separately after the follow-up.

Your mother's injury can be appraised to determine the level of disability and the amount of disability compensation. Compensation is the obligation of the responsible party, and it is generally best to go through the litigation process.