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Lawyer's answer: First.
1. If you are on your way off work and the other party is driving in the opposite direction on the roadway (which should be judged to be the main responsibility), resulting in a traffic accident, if you are injured, it shall be deemed to be a work-related injury, in accordance with the provisions of Article 14, Paragraph 6 of the Regulations on Work-related Injury Insurance;
Second, the sentence "The expenses are mainly the other party's medical expenses and lost work expenses" indicates that you mean to ask the other party whether the injury can be recognized as a work-related injury in your company? No, because the other party is not an employee of your company and has no labor relationship with your company, only if you are injured can it be recognized as a work-related injury of your company;
Clause. 3. According to the second point, there is no relationship between the other party and your company, and the company will definitely not have to bear any responsibility for compensating the other party;
Clause. Fourth, how can you reduce the loss, if your injury is fine, the company will give you very little compensation. The traffic police department will issue a traffic accident responsibility determination, according to the division of the proportion of responsibility, can try to negotiate on the negotiation, negotiation may cost less, if you go through the legal procedures, not only medical expenses, lost work expenses, but also nutrition, nursing expenses, hospitalization living expenses, enough to be on the disability level and disability subsidies, disability equipment subsidies, etc., of course, this is the cost is borne within the scope of the proportion of responsibility.
Hope it helps, good luck!
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If an employee is injured in a non-motor vehicle 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 shall also be found to be a work-related injury.
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The company will not be liable for compensation for you, but the company can cover the medical expenses incurred by you.
It has nothing to do with day or night.
Hit someone and pay for medical expenses.
You are not a motor vehicle, and if the other party is also responsible, you can pay less.
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First of all, whether your company should bear the compensation for you.
Since you hit someone during off-duty hours rather than during working hours, and your driving home is a personal act, the company is not liable for any compensation for you. The parties to your case are just you and the pedestrian.
The second is the question of how to compensate.
This must be done by the traffic police department through professional judgment and investigation to find out the main cause of the accident and decide who should bear the main responsibility for you or the pedestrian. According to your description, the pedestrian was walking on the road illegally, so the pedestrian himself was at fault. What needs to be investigated is whether the main cause of the accident was the pedestrian's illegal walking, or if you were driving illegally or at fault for some other reasons.
If the main reason is the pedestrian violation, then you only have to bear secondary liability, or even no liability. If there is a violation of the law in the process of driving, etc., you are mainly responsible. There is also a situation where there is no fault on both sides, so the loss is shared equally, but obviously this is not your current situation.
Therefore, the most important thing for you now is to ask the traffic police department and the department that handles your case to find out the responsibility for the accident, and then talk about how to reduce the loss. Because if you are not at fault, you should not be compensated, and if you are at fault, you can also negotiate with the bank on how to compensate and share the loss.
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According to Article 14, Item 6 of China's "Regulations on Work-related Injury Insurance", it is stipulated that "an employee 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 on the way to and from work." ”
It is not difficult to see that "only employees are involved in traffic accidents for which they are not primarily responsible" (employees are victims and are not primarily responsible).
If you "hit someone on your way to and from work due to heavy rain and injure someone", the Road Traffic Safety Law applies
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Paragraph 6 of Article 14 of the Regulations on Work-related Injury Insurance stipulates that a person is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work; It should be recognized as a work-related injury.
Here, pedestrians are at fault, but they are not primarily responsible.
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The company will not be liable for compensation for you, unless your father is surnamed "Li".
But if the other party walks illegally, you only need to be responsible for part of the compensation.
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Traffic offences are dealt with separately. It is not possible to hold the other party fully responsible for a single issue. This requires the traffic police to divide the responsibilities and how much responsibility they occupy. Otherwise, if you don't deal with them one by one, it will be messy.
First; Cars are forbidden to be parked on the sidewalk. The driver has clearly committed a violation, second; If the car is faulty and cannot move and is parked at a crosswalk, it is necessary to turn on the double flash and put the tripod, and the driver obviously did not do it.
Third; You are riding an electric vehicle and not a motor vehicle, and you are not walking on a pedestrian crossing or a motorized lane illegally.
There is no requirement for a driver's license in the country to ride an electric car, and it has nothing to do with your driver's license at all.
The driver said to take insurance, and if he illegally parked on the sidewalk, the insurance company may not pay him. He is solely responsible. Affects sidewalk non-motorized walking.
You are firm, you are not wrong, it is absolutely not right for the traffic police to say so. No, you can follow the law. The other party should pay you for the loss and apologize
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I haven't heard of it, I guess it's nonsense, you go and ask clearly.
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As you said, it is a traffic accident between a motor vehicle and a non-motor vehicle.
1. If the traffic accident is reported to the police, the traffic police shall issue a traffic accident identification letter and determine that the motor vehicle is fully responsible.
2. Medical expenses. Pay attention to collect invoices for medical treatment fees and follow-up fees. Motor vehicles have compulsory traffic insurance, and the cost is borne by the insurance company.
3. Lost time pay. The insurance company needs you to provide a sick leave certificate issued by the hospital, a tax payment certificate issued by the employer within three months, and if your income does not get the individual income tax threshold, you must also provide a series of documents such as sick leave certificate, identity certificate, income certificate, etc., which is troublesome. When I saw a list of documents issued by the salesman of the insurance company, I even had the heart to strangle him.
4. Repair costs. The cost of repairing your vehicle is covered by the insurance company, but it's hard to say if you'll be satisfied. Insurance companies have always been like this, and if they can pay less, they will pay less.
5. The work efficiency and friend visit expenses you mentioned will never be compensated by the insurance company, and even if you sue the court, it will not be supported.
I used to suffer from it. Fortunately, people are fine, you may wish to negotiate with the other party on the basis of insurance claims, and the other party will compensate you some money at one time, as long as it is reasonable, it is expected that the other party is not willing to be entangled in trouble all day.
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It shall be found to be a work-related injury in accordance with law. However, work-related injury insurance benefits do not cover property damage caused by traffic accidents. The following rules are for your reference.
Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of pre-performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible while commuting to and from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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