Traffic Compensation Mediation, How to Mediate Traffic Damage Compensation

First of all you can claim the right to compensation:

a.Medical expenses are based on the amount actually incurred;

b.If the disability level is reached after the appraisal conclusion (which must be subject to judicial appraisal), the disability compensation The per capita disposable income of urban residents or the per capita net income of rural residents in the previous year (different standards apply to the victim's household registration, and if there is sufficient evidence to prove that the standards for urban residents are also applicable to rural residents who have worked or lived in cities for a long time) 20 years The corresponding proportion of the disability level;

c.If the disability requires the installation of disability assistive devices, it shall be determined in accordance with the appraisal and calculation standards of its medical treatment or relevant authoritative departments;

d.If the appraisal agency determines that follow-up is necessary after the end of the event, the amount determined by the appraisal agency shall be followed;

e.If you need to be cared for by others during the period and after discharge, the number of days will be calculated according to the local standard according to the determination of the medical institution or appraisal agency;

f.Lost time pay ** number of days and the number of vacation days determined by the hospital after discharge The average monthly wage standard of local employees in the previous year;

g.The transportation expenses and accommodation expenses incurred due to the accident shall be calculated according to the actual occurrence;

h.Solatium for moral damages is determined on a case-by-case basis (not considered if the consequences of the injury are not very serious);

i.Others: food expenses, nutrition expenses, etc. are determined according to the specific situation.

All the total losses above are compensated by the responsible party, and you are now the main responsibility, so most of the losses will be borne by you.

As for the insurance of all parties, it depends on what kind of insurance is bought, if it is only compulsory insurance, then the insurance company will only pay the claim when the insured should bear the liability to others.

Both cars should have compulsory traffic insurance, and the two cars will compensate you for your medical expenses of 10,000 yuan each; Disability compensation, lost work expenses, nursing expenses, transportation expenses, future medical expenses, etc. up to 220,000 yuan, the two vehicles are equally shared, and the excess part is borne according to the proportion of responsibility.

The part of the medical expenses exceeding 20,000 yuan shall be shared according to the proportion of responsibility. The insurance company undertakes the items agreed in the terms of the insurance, and there is civil compensation between you. As long as your medical expenses are reasonable, the other party will have to bear them, and it has nothing to do with the insurance company.

The number of paramedic staff is calculated based on the hospital's certificate.

You can claim future medical expenses based on the hospital's medical certificate. However, it is to be shared proportionately.

Transportation expenses can be reimbursed.

According to the actual situation of the person, you can claim compensation from the responsible party, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.

Where the victim is disabled due to injury, it also includes disability compensation, expenses for disability assistive devices, living expenses for dependents, as well as necessary expenses actually incurred as a result of nursing care and continuation, nursing expenses, follow-up expenses, mental damages, and so forth.

The specific amount is calculated according to the actual bills, evidence, income, lost work time, disability level, household registration, local statistical data, living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated by the parties to the accident according to the proportion of accident liability.

Pay attention to keep the evidence, provide and issue legal and valid certificates according to the items and amounts you claim.

Legal analysis: The parties can resolve the dispute over compensation for road traffic accident damages in the following ways: (—Apply to the People's Mediation Committee for mediation;(B) apply to the traffic management department of the public security organ for mediation;(3) Initiate a civil lawsuit with the People's Court of Dingchai Kaifeng.

Legal basis: "Provisions on the Procedures for Handling Road Traffic Accidents" Article 84 The parties may resolve the dispute over compensation for road traffic accident damages in the following ways: (-Application for mediation by the People's Mediation Committee;(B) apply to the traffic management department of the public security organ for mediation;(3) Initiating a civil lawsuit in a people's court.

Mediation of compensation for road traffic accident damages shall be conducted publicly, except where the parties apply not to be disclosed. The traffic management department of the public security organ shall agree with the parties on the time and place of mediation, and notify the parties three days before the mediation time. Where the oral notice is given, it shall be recorded in the mediation record.

If the mediation participants are unable to participate in the mediation on time for any reason, they shall notify the traffic police officer who undertakes the mediation one day before the scheduled mediation time and request a change in the mediation time.

1. How long is the validity period of car accident insurance, who knows.

The traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inquest and inspection of the scene. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be prepared within 5 days from the date on which the results of the inspection or appraisal are determined. If the parties have a dispute over the compensation for traffic accident damages, and all parties unanimously request mediation from the traffic management department of the public security organ, they shall submit a written application for mediation within 10 days from the date of receipt of the traffic accident judgment and loss.

In the case of death caused by a traffic accident, mediation shall commence from the date on which the funeral matters are completed;For injuries caused by traffic limb scattering accidents, mediation shall begin from the date of termination or disability; In the case of property damage caused by a traffic accident, mediation shall commence from the date on which the damage is determined. The time limit for the traffic management department of the public security organ to mediate the dispute over compensation for traffic accident damages is 10 days. If an agreement is reached through mediation, the traffic management department of the public security organ shall make a mediation document and send it to the parties, and the mediation document shall take effect after being signed by all parties; If no agreement is reached in mediation, the traffic management department of the public security organ shall make a mediation conclusion and send it to the parties.

2. What are the conditions for applying for traffic story mediation?

In the event of a traffic accident, the traffic management department of the public security organ may preside over the mediation, but the mediation of accident damage compensation presided over by the traffic management department of the public security organ is not a necessary procedure to resolve the accident dispute. The mediation is terminated if:

1. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, the parties may file a civil lawsuit against the people; 2. If the parties have objections to the inspection, appraisal or traffic accident determination in the mediation application, the traffic management department of the public security organ shall notify the parties in writing not to mediate; 3. If the parties do not participate in the mediation without justifiable reasons or give up during the mediation process, the traffic management department of the public security organ shall terminate the mediation.

Article 74 of the Road Traffic Safety Law provides that in the case of a dispute over compensation for damages in a traffic accident, the parties may request the traffic management department of the public security organ to mediate, 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.

Analysis of law dust or chain law: The mediation of road traffic accident damage compensation shall be conducted publicly, except where the parties apply for non-disclosure.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 74 In the case of a dispute over compensation for damages caused by a group accident, the parties may request mediation from the traffic management department of the public security organ, or they 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 the mediation agreement takes effect and does not perform, the parties may send Sun Yi to file a civil lawsuit with the people's court.

Answer: Traffic compensation mediation is generally conducted in private, and there is no such thing as being open or private. The spine of the disclosure is the trial procedure, and for the trial procedure, it is generally necessary to make it public, but when it involves personal privacy and state secrets, it is generally not disclosed. Legal basis: Article 134 of the Civil Procedure Law: People's courts hearing civil cases shall be conducted in public, except where state secrets or personal privacy are involved, or as otherwise provided by law.

In divorce cases or cases involving commercial secrets, where the parties apply for a closed trial, the trial may be held in private. Article 93:People's courts hearing civil cases are to distinguish right from wrong and conduct mediation on the basis of the principle of the parties' voluntariness and on the basis of clear facts.