In the cleaning work in the community, I was hit by a car and had my lower limb amputated, how to ma

If you have a labor contract and settle the claim according to the regulations, if you don't have a contract, you should negotiate with the property management company to deal with it, or apply to the labor department for assistance.

1. First of all, the division of responsibilities is carried out.

2. Secondly, the disability appraisal is carried out.

3. Calculated according to the level of disability, a one-time compensation base.

The cleaning is made by the property and requires the perpetrator to settle the claim, and at the same time, you are a work-related injury, and the insurance company has industrial and commercial injury claim insurance.

According to the statement, you should be an employee of the property company in the community. It is recommended that you seek compensation from the Social Security Bureau or the property management company in accordance with the work-related injury procedure, and at the same time claim tort compensation from the perpetrator in accordance with the traffic accident procedure.

The insurance claims laws are:

Article 22 of the Insurance Law of the People's Republic of China provides that after the occurrence of an insured event, when the insurer is requested to compensate or pay insurance money in accordance with the insurance contract, the policyholder, the insured or the beneficiary shall provide the insurer with the relevant certificates and materials that it can provide to confirm the nature, cause and extent of loss of the insured accident.

If the insurer finds that the relevant certificates and materials are incomplete in accordance with the provisions of the contract, it shall promptly notify the policyholder, the insured or the beneficiary to provide supplementary information in a one-time manner.

Article 21 of the Regulations on Compulsory Insurance of Motor Vehicles, if a road traffic accident occurs in an insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the liability limit of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law.

If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.

Article 29 of the Regulations on Compulsory Insurance of Motor Vehicles stipulates that the insurance company shall, within 5 days from the date of receipt of the certificate and materials provided by the insured, verify whether it is an insurance liability and notify the insured of the result; If it does not belong to the insurance liability, the reasons shall be explained in writing; For those who are liable for insurance, the insurance money shall be compensated within 10 days after reaching an agreement with the insured to compensate the insurance money.

Insurance claim settlement is the act of the insurance company to perform the obligation of the contract, which is based on the insurance contract and insurance-related laws, industry regulations and international practices, and no other reason or interpretation can be used as the basis for the settlement of claims.

How to deal with insurance disputes:

1. Negotiate and settle. After a dispute arises, the two parties should negotiate in good faith and seek truth from facts, make concessions to each other, and reach a settlement agreement acceptable to both parties. There are generally two methods of negotiated settlement: self-settlement and third-party mediation.

Self-settlement means that there is no third party involved, and the parties directly negotiate; A third party presides over the settlement, that is, a third party other than the parties mediates between the two parties to facilitate the two parties to reach a settlement agreement.

2. Complain to the local office of the Insurance Regulatory Commission. If the insurer and the insurer have violated the laws and regulations of the country or violated discipline in the course of business development, they can complain to the local insurance regulatory office and resolve it through administrative channels.

3. Arbitration. Arbitration is an agreement made by the parties to a contract before or after the dispute to be decided by a third party who agrees to submit their dispute to a mutually agreeable third party, and the arbitrator decides the dispute between the parties in the capacity of the referee rather than as a mediator.

4. Litigation. Litigation to resolve insurance disputes refers to the people's court examining insurance disputes in accordance with the litigation procedures prescribed by law, and making judgments or rulings on the basis of ascertaining the facts and distinguishing responsibilities. Litigation to resolve insurance disputes is the judicial activity of the people's courts, and the legal rulings made by them have the force of state coercion and must be enforced by the parties.

The "Insurance Clause" stipulates that: "During the insurance period, the insurer or its permitted driver shall be liable for compensation in accordance with the provisions of this insurance contract if the insured motor vehicle causes direct loss of the insured motor vehicle due to the following reasons, and it does not fall within the scope of exemption from liability of the insurer: (1) collision, overturning or falling; ”

The key to your question is, is the vehicle parked downstairs in the community "using an insured motor vehicle"? Some courts have held that the falling object "collided" with the vehicle, so the insurance company should pay compensation.

You can apply to the insurance company for compensation, and if the insurance company refuses to pay compensation, you can file a lawsuit in the people's court.

The claims process of insurance companies is different, and it is most accurate to call the insurance company** directly to consult manual services.

According to Bai's current legal environment, no one will pay attention to this kind of lawsuit at all, insurance.

DAO company will not take it seriously at all, answer that no company will waste energy for this kind of thing, take the accident certificate at the time, notify the other party insurance company on the line, the judge will also think that the owner of the electric car is too careful, in the end, or will settle out of court, the court will help notify the other party insurance company to come, if you are full insurance, you don't have to pay attention to it at all, when the insurance company appears in court, it will help you get everything, if you advance money at that time, you will appear in court to submit evidence and ask for the return of the money advanced, If you don't have the money upfront, you don't have to go to court at all.

Does this have anything to do with you? Just leave it to the insurance company! Don't come forward.

The Insurance Law has some specific provisions on the settlement of claims, which depends on the specific laws and actual cases.

According to the law, the expenses to be compensated by the traffic accident insurance company include the compensation for the personal injury suffered by the victim, the compensation for the disability of the victim due to injury, the compensation for the death of the victim, and the solatium for mental damage suffered by the victim or the close relatives of the deceased. The Interpretation of the Supreme People's Court on Compensation for Personal Injuries implements the principle of comprehensive compensation in terms of compensation items and compensation standards. Among them, the compensation items have been added to the ** fee and the follow-up ** fee, and the "disability compensation" has been replaced by the "living allowance for the disabled".

The specific provisions are in Articles 17 and 18 of the Interpretation on Compensation for Personal Injury.

1) Insurance compensation items for personal injuries suffered by traffic accident victims:

The compensation items for personal injuries suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses.

2) Insurance compensation items for traffic accident victims who are disabled due to injuries:

In addition to item (1) above, the compensation items for the victim's disability due to injury are also increased: disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **nursing and continuation**.

3) Insurance compensation items for the death of a traffic accident victim:

In addition to the expenses in item (1), the compensation for the death of the victim shall also be supplemented with compensation for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

4) Solatium for mental harm suffered by the victim or close relatives of the deceased.

Your problem is a disease.

The responsibility of the later expansion is the responsibility of the small hospital, which belongs to a small medical accident, and the claim is found to be the first hospital to see you, which is like I just bought a computer to repair, and the problem of the original wiring was originally arranged, and you later repaired the screen for me, and the responsibility will be understood.

The legal principles that should be followed for insurance claims are as follows:

1. The principle of abiding by contracts and keeping promises: the rights and obligations stipulated in the insurance contract are protected by law, so the insurance company must correctly safeguard the rights and interests of the policyholder in accordance with the provisions of the contract and laws and regulations.

2. Adhere to the principle of seeking truth from facts: in the process of making claims, it is necessary to seek truth from facts, and correctly determine the insurance liability, compensation standard and compensation amount according to the specific situation.

3. The principle of initiative, rapidity, accuracy and reasonableness: to make the policyholder feel assured and convinced.

Insurance claim settlement refers to the act of the insurance company performing the liability of compensation or payment in accordance with the provisions of the contract when the insured suffers damage to the property or personal life of the insured due to the occurrence of an insured accident on the subject matter of insurance, or when the insurance company needs to pay insurance money due to the occurrence of other insured accidents as stipulated in the policy, which is a direct embodiment of the insurance function and the performance of the insurance liability.

To put it simply, an insurance claim is an act in which the insurer handles the claim made by the insured after the occurrence of a risk accident on the subject matter of the insurance. In insurance business, insurance claims are the concrete embodiment of the insurance compensation function.

Basis for claim: Claim settlement is the act of the insurance company to fulfill its contractual obligations, and it is based on the insurance contract and insurance-related laws. Intra-industry regulations and international practices, and any other reasons or explanations cannot be used as the basis for settling claims.

Insurance claim settlement refers to the business activities of the insurer in accordance with the provisions of the insurance contract or relevant laws and regulations, accepting the insurance compensation request submitted by the insured, conducting investigation, damage assessment, adjustment and compensation, which is a very important part of the insurance legal system and the main form for the insurer to perform its obligations. In order for the insured to receive financial compensation as soon as possible, the insurer should take the initiative to settle claims. Claims are settled in accordance with the principles of the insurance contract as the basis, compliance with international practices and relevant international conventions, and timely and reasonable compensation.

Insurance claims generally start from the acceptance of the notice of insurance, and go through six stages: investigation, inspection or commissioned inspection, verification of the case, adjustment of the compensation amount and payment of compensation. According to the Maritime Law of the People's Republic of China, "after the occurrence of an insured accident, the insurer may require the insured to provide proof and information related to the confirmation of the nature of the insured accident and the extent of loss before paying insurance compensation to the insured." ”

Claim method: There are two ways for the insurance company to settle claims to the policyholder according to the insurance contract after the accident: compensation and payment.

Compensation corresponds to property insurance, which refers to the compensation made by the insurance company for the loss of the insured on the basis of the insured amount according to the damage of the insured property at the time of the accident. Insurance compensation is compensatory in nature, i.e. it compensates only for the part of the actual loss, at most equal to the value of the damaged property, and never more than its value.

Life insurance is based on people's life or body as the subject of insurance, because people's life and body cannot be measured by money, therefore, the damage to life or body caused by life insurance cannot be measured by money. Therefore, in the event of an accident, the insurance company can only pay the insurance money to the insured or beneficiary within the amount agreed in the policy. That is, life insurance pays the insurance money in the form of benefits.

Executive summary: 1. The principle of maximum good faith.

In the practice of claims, most of the cases of refusal to pay compensation are mostly caused by the policyholder's failure to truthfully inform the insured. However, there are also misleading and irregularities by insurance salesmen.

2. The principle of proximate cause.

The principle of proximate cause refers to the most direct and most direct cause of insurance cases.