Is it necessary to pay as much as is written on the accident certificate?

According to the actual situation, the accident liability determination does not have any relevant content on the amount of compensation, and the amount of damages shall be determined by the parties in accordance with law. Relevant legal provisions: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury" Article 17: Where a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income 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. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters. Article 18: Where the victim or the deceased's close relatives suffer mental harms, and the person with the right to compensate requests compensation from the people's court for solatium for moral damages, the "Supreme People's Court Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" is to be applied.

The right to claim solatium for moral injury must not be assigned or inherited. However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.

According to the loss, the other party will be compensated in full within the amount of compulsory traffic insurance, including 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property. 30% of the shortfall is borne by the other party, and 40% of the underweight is borne by the other party is a non-motorized vehicle or pedestrian. Both parties are non-motorized vehicles or pedestrians, and the direct responsibility is 30%.

After the accident certificate is issued, if there is no criminal liability involved, only the issue of compensation remains. It can be solved in the following three ways: 1. Self-negotiation.

2. Both parties unanimously ask the traffic police for mediation. 3. Filing a civil lawsuit with the court. Self-negotiation is generally for small cases or simple cases, and both parties have no objection to the responsibility for the accident, and neither party has other illegal driving situations (such as:

Drunk driving, driving without a license, etc.), only self-negotiation applies. The negotiation of self-chain annual lines also includes the part of "mutual collision and self-compensation". 2.

If both parties unanimously request mediation by the public security traffic management department, they may submit a written application for mediation within 10 days from the date of receipt of the traffic accident identification letter, and wait for the traffic management department to mediate. The time limit for the traffic management department to mediate the dispute over compensation for accident damages is 10 days. After reaching an agreement, the traffic management department of the public security organ shall make a mediation statement and serve it on all parties.

The mediation agreement shall only take effect after the parties jointly sign it, and then the compensation shall be fulfilled in accordance with the regulations. 3.If the above two methods cannot be solved, you can prepare the prosecution materials to file a civil lawsuit in the court.

After the traffic accident liability determination is issued, the parties shall negotiate and deal with the compensation matters, and if the negotiation is inconsistent, the traffic police department shall mediate, and both parties who fail to mediate shall have the right to file a lawsuit in accordance with the law.

In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, 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.

Legal analysis: 1. Is it possible to lose money if the accident determination responsibility letter comes out?

It is not necessary that the insurance company will compensate as soon as the liability determination is issued, but the insurance company also needs to review the insurance purchase of the accident party in the company and the type of insurance purchased, and will only compensate if the compensation is met.

2. What is the traffic accident claim process?

The policyholder, insurer or beneficiary must first immediately stop the insurance and file a claim for compensation. The documents to be provided when making a claim for a traffic accident mainly include: the original of the insurance policy or insurance certificate, the certificate of the insurance premium paid, the original text that can prove the identity of the insured object or the party, the list of claims, the certificate of insurance inspection, and other documents that should be provided according to the provisions of the insurance contract.

After the vehicle has an insurance accident, it is necessary to immediately protect the scene, rescue the injured and property, retain relevant evidence, and immediately report to the traffic management department of the public security organ. **Notify the insurance company to report the accident (there is a report from the insurance company on the vehicle insurance card**), and bring the original insurance policy, driver's license, driving license, and the insured's ID card to the insurance company within 48 hours to officially report the accident.

For flooded vehicles, the owner should first report to the insurance company, and then tow the accident vehicle to the damage assessment center to bury Hongxing to dismantle the damage assessment, and repair the vehicle, and then submit the claim materials to the insurance company and wait for the insurance company to pay compensation. Before the insurance company completes the damage assessment, the owner should not clean the appearance of the vehicle by himself.

In addition, the procedures for insurance companies to handle traffic accident claims are mainly as follows:

1.File a case for inspection.

After receiving the notice of the accident, the insurer shall immediately send someone to conduct an on-site inspection to understand the situation and reasons for the loss, check the insurance policy, and register the case.

2.The audit proves that the insurer shall review the relevant certificates and materials provided by the policyholder, the insured or the beneficiary to determine whether the insurance contract is valid, whether the insurance period has expired, whether the loss is the insured property, whether the claimant has the right to claim compensation, and whether the place where the accident occurred is within the scope of insurance.

3.Approved Responsibilities.

After receiving a request for compensation or payment of insurance money from the insured or beneficiary, the insurer shall, after examining the facts and reviewing the documents, promptly make an assessment of whether it should bear the insurance liability and the extent of the liability, and notify the insured or beneficiary of the verification result.

4.Fulfillment of payouts.

On the basis of the verification of liability, the insurer shall perform the obligation to compensate or pay the insurance money within 10 days after reaching an agreement with the insured or beneficiary on compensation or payment of the insured amount if it is an insurance liability. If the insurance contract stipulates the insured amount and the period of compensation or payment, the insurer shall perform the obligation of compensation or payment of insurance money in accordance with the provisions of the insurance contract.

Legal basis: Article 73 of the Road Traffic Safety Law stipulates that the traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner as evidence for handling the traffic accident.

The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

The liability accident identification letter has legal effect, and the traffic police Yan Tsai will issue the liability accident identification letter according to the size of the responsibility of both of you. If you are the innocent party and the other party is fully responsible. Then he must compensate for the damage to your vehicle and people, and if the other party refuses to pay, then you can go to court to sue.

Just take the responsibility accident to determine that Chong Liang went to sue the other party, he lost the lawsuit 100%, and he also had to bear all the costs of the lawsuit. If the court finds him responsible, he will not pay the compensation. Then he will be characterized as a liar.

So you don't have to worry too much, compensation is a matter of time.

Traffic accident compensation items refer to the items included in the compensation given to the victim by the perpetrator of the traffic accident, mainly including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses for dependents, death compensation, and solatium for mental damages.

Personal injury refers to the personal damage caused to the victim in a traffic accident, which requires medical attention** or rest and various expenses. According to Article 17 of the Judicial Huizhou Interpretation on Personal Injury Compensation, personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. The standard for calculating the compensation for personal injury stool is calculated separately according to the characteristics of each category and the relevant provisions of the law.

For example, the calculation standard of medical expenses shall be determined according to the actual degree of damage and recovery status of the victim, and shall be determined with reference to the certificate or forensic evaluation issued by the ** hospital.

1. Calculation standards for each item of traffic accident compensation.

1. Disability compensation = per capita income of urban (rural residents) in the previous year at the location of the court where the lawsuit is filed, disability coefficient and compensation period.

2. Disability assistive device fee = reasonable cost for ordinary appliances.

3. Funeral expenses = 6 months of average monthly wages of employees in the previous year at the location of the court where the lawsuit is filed.

4. Living expenses of the dependents = per capita annual consumption expenditure of urban residents (rural residents) in the previous year and the number of years of dependency.

5. Hospitalization meal subsidy = food subsidy standard for general staff of state organs on business trips (yuan days) Number of days of hospitalization.

6. Medical expenses compensation = diagnosis and treatment expenses, medical expenses, hospitalization expenses, and others.

7. Lost time pay = monthly income of lost work and lost work time.

8. Nursing fee = the same level of nursing labor remuneration standard for nursing workers in the place where the traffic accident occurred The number of nursing days before hunger.

9. Death compensation = per capita income of the previous year at the location of the court where the lawsuit is filed for 20 years.

10. In addition, there are transportation expenses, accommodation expenses, direct property damage expenses, vehicle suspension loss expenses, mental injury solatium, etc.