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Liability for non-payment is also applicable.
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Article 46 of China's "Provisions on Procedures for Handling Road Traffic Accidents" stipulates that the traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the parties' actions in the occurrence of road traffic accidents and the severity of the fault. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.
Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that if the victim suffers personal injury, the compensation obligor shall compensate for the various 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. According to the above legal provisions, 1, on the issue of advance payment or payment of medical expenses, it is recommended that you negotiate amicably with the driver who caused the accident, if the negotiation fails, you can reflect the situation to the traffic police department, request the traffic police department to coordinate and solve, you can also ask the traffic police department to issue an accident responsibility determination as soon as possible, according to the accident responsibility certificate issued by the traffic police department, determine the responsibility between you and the other party in the accident. If the other party should bear the corresponding responsibility in this accident, you can apply to the people's court for advance enforcement of medical expenses in accordance with the law with the accident liability determination.
2. For the personal injuries suffered by you in the accident, the scope of compensation includes: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc. You may file a lawsuit with the people's court in accordance with the law according to the accident liability determination, requesting that the other party bear the corresponding liability for personal injury compensation to you in accordance with the law.
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Just borrow the white of the car
The person's driver's license is normal. There is no drunk driving, drug driving. If there is a liquor dao
Driving, drug driving. But the owner of the car did not know. The owner of the car is not responsible.
The new regulations were revised in July 2010. The situation you mentioned is that before July 2010, as long as the car was lent out, the owner of the accident was jointly and liably. Now it's up to the situation.
As long as you have a normal driver's license and no drunk driving, drug driving. The owner is not responsible. Unless the owner of the car knows that you are drinking alcohol or taking drugs, and lends it to you, the owner of the car is jointly and severally liable.
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The owner of the car that lends you is jointly and severally liable. Because the owner of the car is him, he must do a good job of risk assessment before lending the car to you, and if he lends it to you, he needs to bear the relevant responsibility for your driving accident.
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Summary. Article 18 of the "Judicial Interpretation on Compensation for Personal Injury" of laws and regulations: Where the victim or the close relatives of the deceased suffer mental harms, and the person entitled to compensation requests compensation from the people's court for solatium for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make a determination. 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.
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Let me answer this question for you The driver should bear the following responsibilities if the person hit by the car is fine: first determine the proportion of responsibility between the two parties, if the car is not at fault, only need to bear the scope of no liability compensation within the limit of the compulsory traffic insurance; Secondly, if the car is at fault, it needs to bear all the liability within the limit of the compulsory traffic insurance. It's okay to hit everyone with a car, and you can negotiate moral compensation.
Article 18 of the "Judicial Interpretation on Compensation for Personal Injury" of laws and regulations: Where the victim or the close relatives of the deceased suffer mental harms, and the person entitled to compensation requests compensation from the people's court for solatium for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make a determination. 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.
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Legal analysis: According to the relevant national laws and regulations, it can be known that if the perpetrator refuses to compensate for the collision, the victim can file a lawsuit with the court for compensation according to the law according to the accident responsibility determined by the traffic police. If the other party is a motor vehicle, the perpetrator and the other party's insurance company should be sued at the same time.
Legal basis: Article 74 of the Road Traffic Safety Law of the People's Republic of China For disputes over compensation for traffic accident damages, the parties may request the traffic management department of the public security organ to mediate, 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 the agreement or fail to perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.
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The other party is unpaid helper, then you are responsible.
The other party is responsible for receiving the money.
Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Where the contractor causes damage to a third party or causes damage to itself in the course of completing the work, the contractor shall not be liable for compensation. However, if the maker is negligent in the ordering, instruction or selection, he shall bear the corresponding liability for compensation.
Article 13: Where a helper who provides labor services for others free of charge causes harm to others in the course of his or her helper activities, the aided worker shall be liable for compensation. Where the assisted worker explicitly refuses to help, he shall not be liable for compensation. Where there is intentional or gross negligence on the part of the helper, and the person with the right to compensation requests that the helper and the assisted worker bear joint and several liability, the people's court shall support it.
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For such a simple problem as a car hitting someone, do you say that you are responsible or not? Even if you are not at fault at all, as long as you hit someone or a motor vehicle, you are still responsible. It's just a matter of how big and small the responsibility is.
China's traffic is very human. It is to compensate for the principle of putting the weak first and sympathizing with the weak. So it doesn't matter if you're at fault or not.
You have to take a little responsibility.
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After hitting someone, first get out of the car to check the condition of the injured, if it is a minor injury! Let's negotiate with the injured person! If the injured lion opens his mouth, call 122 to call the police!
If it's a minor injury, try to be private! One is more private and neat! It's nothing more than breaking the fortune and avoiding disasters!
Another is because after you call the police, the traffic police want to tow it! The injured should be sent to the hospital! You also have to make a record with the traffic police!
The towing fee alone is in the hundreds! There is also a parking fee! Study fee!
Medical expenses for the injured! Wait, it's better to give some money, and have fun! If you hit someone more seriously, then you have to call 122 and 110 immediately, why call 110, because some of the injured family's families will be very excited, and it is inevitable that they will not shoot!
Wait for 112 to come, the car will be towed away or driven away! You also go to the traffic police to make a record, and the injured are sent to the hospital! The medical expenses will be paid in advance by the families of the injured!
Do not go to the hospital during this period.
The traffic police make a division of responsibility! Then there is the issue of compensation for the injured! If your car is fully insured, it's much easier to do it, first consult the insurance company's claim process!
If it's not all-in-one, it's not easy to do because some drugs are not covered by insurance when medical expenses are reimbursed! You'll have less money to settle claims! If the injured lion opens his mouth, he needs to give out a part of it himself!
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After the injury after a car accident or after being discharged from the hospital, the disability appraisal is generally required, and the victim can carry out reconciliation, mediation or litigation based on the disability appraisal conclusion. The conclusion of the disability assessment is the main basis for calculating the disability compensation, the living expenses of the dependents and the solatium for mental damages.
Disability assessment conclusions are so important, so when is the best time to get a disability assessment?
The so-called timing of disability evaluation, in layman's terms, is how long after the victim is injured to go for a disability evaluation. If the disability is evaluated too early, the disability level may not be recognized by the court; If the disability assessment is done too late, there may be no disability level or the disability level will be too low. Therefore, it is also an important part of the victim's need to grasp when to do the disability assessment.
Generally speaking, when the injury is stable, you can do a disability evaluation. Typically, ordinary injuries can be identified by 3 to 6 months after injury and neurological injuries can be identified when the injury is stable after 6 months of injury.
In other words, if the victim of the traffic accident did not injure the nerves due to the fracture, it is sufficient to have a disability assessment within 3 months and 6 months after the injury. However, since each person's injury, age, and constitution are different, when the injury is stable is completely different from person to person. Since the stabilization of the injury is a medical issue, it should be determined by the medical examiner.
Consult a lawyer. It should be noted here that if the victim unfortunately encounters a traffic accident, it is best to consult a professional lawyer for traffic accidents regarding the legal issues of the case. For example, the professional lawyer of the Ministry of Communications of Guangdong Guohui Law Firm will arrange a special paralegal to follow up the recovery of the injured person's injury, maintain close contact with the appraisal agency, and once the time is ripe, he will accompany the injured person to the appraisal agency to apply for appraisal.
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If a motor vehicle hits a pedestrian and the motor vehicle violates the traffic law, the motor vehicle is obliged to check the pedestrian injury.
If there is no injury or the injury is slight, the ** fee can be private within 1000 yuan (to avoid the increase in renewal premiums).
More than 1,000 yuan ** fee for insurance. The insurance company will come forward to advance the funds. Since the insurance company cannot advance the expenses in time, an invoice must be kept for later reimbursement.
In either case, you must report the case to the police first, and save the evidence to avoid ripping up later.
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The car hit someone, it depends. First of all, it is necessary to divide the responsibility for the accident, if you drive illegally, then you will be fully responsible; On the contrary, if the pedestrian violates the law, she will be fully responsible, and you will not be responsible.
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According to your description, if you drive normally in front, and there is no sudden braking and illegal lane change should be no responsibility, if you operate in front of the impact on the back of this is not easy to say, but his driving distance is too close, your responsibility is small, or the public to deal with it as well.
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How can you be irresponsible, the electric tricycle is not a public transport passenger car, you know, but hire a tricycle, you are the employer, bear a certain responsibility, how to get it, the law enforcement department will give you an explanation and the weight of responsibility.
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Let the traffic police handle it. The traffic police will determine their respective responsibilities and the proportion of their responsibilities.
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Generally speaking, first look at motor vehicles and non-motor vehicles, and then look at the division of accident responsibility, your tricycle, I don't know how to calculate it locally, it stands to reason that electric three-wheelers must be responsible.
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No matter what car you hit someone, you have to be held responsible. If the circumstances are serious, you may accompany more points.
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Depending on the circumstances, the passenger is not responsible.
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Did you call the police just after an accident? If the police are called, the traffic police have a police record, and if they are not responsible, they can apply to the traffic police accident department to deal with it or sue it to the court.
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You can call 110 and ask the insurance company.
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Did your car hit someone?
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Try to let go, let go of your tiredness, let go of those fruitless obsessions, and if the future of you and him that you see when you are awake is not ideal, it is better to persuade yourself to let go as soon as possible, and the long pain is better than the short pain. Try to look at it a little more, will you have happiness if you have money? It's like when you exhaust your efforts in exchange for a promotion on the workplace, and you are found to be seriously ill when you are about to take office, can money be exchanged for health?
Can more money be exchanged for your life and youthful youth? Money is important, but compared with life, family, and love, money is really not that important. Tangible wealth cannot be compared with priceless emotions and lives, so how can we choose between them?
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The heart is like a pocket, and those who don't pretend to do anything are called the heart, those who pretend to be a little bit are called the eyes, those who pretend to be too much are called scheming, and if they pretend too much, in the end, those burdens can only be regarded as mental matters. People often care too much about fame and fortune in the world, whether our lives are as gorgeous as when talking to friends, and there are many people in real life who are deeply trapped in fruitless love, knowing that they are wrong, but also moving forward in a roundabout way. Those who keep talking about the marriages that they have to continue to maintain for the sake of life and for the sake of their children.
Many people can't afford to take it and can't put it down, allowing the blank life to go on and over again in their eyes, and slowly this burden erodes our body and mind. Try to let go, let go of your tiredness, let go.
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