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Riders, the question you asked, the injured party was injured in the accident due to body or property, so in most cases, it is a phenomenon that is easy to occur in the process of private settlement between the two parties after the traffic accident. As soon as the injured party enters into a demand for damages, it is desperate to make an excessively high demand that is unacceptable to both the other party and the insurance company. It often ends in arguments that make it difficult to reach an agreement.
According to the normal process of dealing with accidents, first, after the traffic police have completed the preparation of the responsibility determination and delivered it to both parties to the accident, they can mediate and compensate under the auspices of the traffic police; Second, when either of them raises an objection or files a lawsuit, that is, the mediation is concluded.
In short, whether it is private, mediation, or litigation, evidence of damage to the body and property related accidents is required. Anyway, if the other party insists on not providing relevant evidence and makes an excessively high demand for compensation, please ask the other party to sue you in court.
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Failure to produce relevant evidence leads to the inability to determine liability, and the amount of compensation cannot be determined.
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If you don't show the relevant proof, how can you know the size of the fault liability, and which party should show the relevant compensation certificate after the relevant evidence has been presented. Isn't this a direct cause for compensation after the court concludes the case?
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1. Only the traffic accident proves whether compensation can be claimed.
1. Only the traffic accident certificate can claim compensation. However, if the parties only have proof of traffic accidents and have no basis for compensation, it is very likely that the compensation they claim will not be supported by the court, so the parties need to try their best to prepare the proof of the basis for compensation before suing.
2. Legal basis: Article 74 of the Road Traffic Safety Law of the People's Republic of China.
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.
2. What are the types of evidence for traffic accidents?
1. Physical evidence. Physical evidence is all items and traces that can prove the true circumstances of a traffic accident;
2. Documentary evidence. Documentary evidence refers to written materials that can prove the relevant circumstances of a traffic accident, and is proved by the content of its records;
3. Witness testimony. Witness testimony refers to the statement made by a witness to the public security organ about the relevant circumstances that he or she knows about the circumstances of the traffic accident;
4. Statements of the parties. parties to traffic accidents, including drivers, injured persons and other relevant parties;
5. Appraisal conclusions. Written conclusions made by persons with specialized knowledge appointed or hired by public security and judicial organs after conducting scientific appraisals of certain specialized technical issues in traffic accidents;
6. Inquest and inspection records. Various records made by traffic accident handlers after inspecting the traffic accident scene, vehicles, personnel, etc.;
7. Audio-visual materials. Audio-visual materials such as audio and video recordings that can be used to prove the facts of traffic accidents.
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Answer: Only proof of a traffic accident can claim compensation. However, if there is only proof of traffic accident and there is no basis for compensation, then it is very likely that the compensation claimed by the court will not be supported by the court, so it is best to prepare the proof of the basis for compensation before suing. Legal basis: Article 119 of the Civil Procedure Law stipulates that the following conditions must be met for a lawsuit:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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