Compensation for traffic accidents, compensation for traffic accidents

Theoretically, you don't have to pay in advance.

After the victim has basically recovered, he or she asks for mediation or sues you, and the amount of the court judgment is what you have to pay.

If you are enrolled in a commercial insurance policy that does not include a deductible, it will be fully compensated in the sum insured (except for the exclusion clause).

As for the statute of limitations, you should look at the terms of the insurance and report to the insurance first if you need to explain it.

There is no stipulation on which party must pay in advance during the ** period.

In many cases, the more money you have, the longer you can see the disease.

Regardless of the compensation recognized in the accident mediation document or the compensation awarded by the court, as long as it does not exceed the scope of insurance, and the driver does not drink alcohol, escape, or act without a license, the insurance company should compensate.

Is it reasonable for me to do this?

Plausible. Before the determination of responsibility for the traffic accident comes out, legally speaking, am I legally obliged to pay ** for him?

No. Maybe he will be ** in a few months, but the steel plate will not be taken out until a year later, will the insurance company bear this part of the cost?

According to certain standards.

If the victim claims compensation in addition to the part borne by the insurance company, and the court of litigation orders me to pay, will the insurance company cover this part of the expenses?

The insurance company will.

The insurance company will cover most of it.

It depends on what insurance you have and whether it is fully insured.

How to compensate for traffic accidents.

Compensation for traffic accidents. The first is the cost of medicine. The second is property damage.

For example, mobile phones, watches. If the injured person is riding a non-motorized vehicle, the loss of the non-motorized vehicle. all fall under the category of property damage.

The third is. Lost time expenses incurred during the hospitalization of the injured person. Nursing expenses, transportation expenses, disability compensation, etc.

It is to compensate according to what actually happened.

1. Medical expenses are calculated according to actual expenditures;

2. Calculated from the date of the accident to the date of disability. If the person cannot be declared disabled, the number of days of hospitalization plus three months of rest shall be followed. It is calculated based on your salary for the previous three months. It is not reasonable to calculate on a monthly basis, it can be converted into an average of the daily wage for the previous three months, and then the monthly average is calculated.

3. The nursing fee is calculated according to your wife's salary. The number of days is based on the number of days of hospitalization plus three months.

4. The nutrition fee is based on the number of days of hospitalization, if the doctor has a doctor's order to strengthen nutrition after discharge. Nutritional assistance for discharge may be determined within three months, as appropriate. It is usually only 20 to 30 yuan per day.

5. The hospital meal subsidy is calculated according to the number of days of hospitalization and the business trip meal subsidy standard of local civil servants.

6. Transportation expenses are calculated according to actual expenditures.

7. Disability compensation. You can have a disability test. If it constitutes a disability, the disability compensation shall be paid.

8. If the disability is constituted, the child support and parental maintenance shall also be calculated according to the level of disability and the average consumption expenditure standard of the local province in the previous year.

9. Spiritual solace money. In the case of disability, a certain amount of disability solatium may be requested according to the level of disability.

Step 1: Reimbursement by the insurance company.

The insurance company that underwrites the compulsory liability insurance pays the insurance within the limit. If the motor vehicle is not insured with compulsory third-party liability insurance, the insurance obligor shall compensate within the limit of the compulsory traffic insurance.

Step 2: Compensation for the at-fault party.

If the insurance premium of the compulsory traffic insurance of the motor vehicle is insufficient to cover the loss of the victim, it shall be handled in accordance with the following rules:

In the event of a traffic accident between a motor vehicle and a motor vehicle, fault liability shall apply: if only one party is at fault, the party at fault shall bear the responsibility; If both parties are at fault, each shall bear the corresponding responsibility for its fault;

In the event of a traffic accident between a motor vehicle and a pedestrian or non-motor vehicle: if a pedestrian or a non-motor vehicle intentionally collides with a motor vehicle, the motor vehicle shall be exempted from liability; If pedestrians and non-motor vehicles are negligent in the occurrence of damage, the liability of the motor vehicle party may be appropriately reduced; If the motor vehicle can prove that it is not at fault, it shall only bear no more than 10% of the liability;

Step 3: The problem of commercial third-party insurance.

If the motor vehicle involved in a road traffic accident is insured with both compulsory traffic insurance and commercial insurance, after the road traffic accident, if the parties sue the infringer and the insurance company at the same time, the liability for compensation shall be determined in accordance with the following rules:

1) The insurance company that underwrites the compulsory liability insurance shall compensate within the limit of liability (when the insurance money of the compulsory liability insurance is insufficient to compensate for the property damage and moral damage, the compensation right holder has the right to claim compensation for the moral damage first).

2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract.

3) If there are still deficiencies, the responsibilities of both parties shall be determined and compensation shall be made in accordance with the proportion of liability.

Article 16 of the Interpretation on Compensation for Road Traffic Damages Where a motor vehicle insured with compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") causes damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:

1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;

2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;

Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.

Hello. Traffic accidents involve personal injury compensation, which is a complex issue. The main reason is that there are many compensation items involved.

There are medical expenses (medical expenses need to be borne by yourself are drugs that do not belong to the scope of medical insurance, such as 20% of class B drugs, 30% of CT drugs, etc., which need to be borne by yourself, and the insurance company of the material class shall be approved according to the domestic ordinary type, which generally does not exceed 40% of the import price. If the second operation is involved, the maximum cost of the second operation is not more than 30% of the first one, and the cost of the second operation is generally not higher than 5,000 yuan. ), hospital meal allowance and nutrition expenses (pay with reference to local standards), lost work expenses (the injured person needs to provide the corresponding lost work certificate, household registration certificate, tax payment certificate, etc. to confirm the loss, if the disability is assessed, the confirmation of lost work expenses should be calculated from the time of hospitalization to the day before the disability assessment), nursing expenses (if the nursing staff also needs to provide a loss of work certificate, tax payment certificate, household registration certificate, etc.), transportation expenses (compensation according to the actual situation); There is also whether the open fracture of the left ankle involves the assessment of disability, this part needs to be noted, many disability evaluation institutions are not standardized, often in this part will do hands and feet, whether the disability can be achieved is best to find someone who understands this part to confirm.

If the disability assessment is indeed reached, the disability compensation must be compensated), and basically these are the items that may be compensated. The insurance company will pay a total of 10,000 yuan for medical expenses, hospital meal subsidies and nutrition expenses in the compulsory traffic insurance, and the rest of the personal injury compensation items will be paid within the limit of 110,000 yuan. If the loss of the motorcycle is within the limit of 2,000 yuan of the compulsory traffic insurance, it is also paid in the compulsory traffic insurance, and if it is exceeded, the excess part will be paid according to the liability in the commercial insurance.

Basically, if you encounter a personal injury, the owner will definitely have to bear part of the loss, so you must have a psychological preparation first.

The first question: the traffic police can still punish you, you don't have insurance, even if you do, you can't get a claim. Compensation for repairs is normal, while you are drunk driving and compensation are two different issues.

However, there is a question, the traffic police agreed to go private, that is, not to go through the judicial process, and then punish you a little reluctantly. The normal handling is to lock you up and lose money again. Because you are subjectively breaking the law, agreeing to be private may be for the sake of making a big deal small, as long as you don't cheat, you should not be held accountable.

The second question: He can only claim compensation from the insurance company through other accidents, and you and his accident are privately recognized by the traffic police, and the insurance company will not compensate. (To make it clear, if he asks his insurance company to make a claim is not three liability insurance, but car damage insurance, this concept should be clarified, if it is your insurance company, it is three liability insurance).

1. It is reasonable and legal to ask the other party to compensate you for half of your losses.

2. The calculation of lost work pay is like this, if there is a fixed income, it will be calculated according to the fixed income, and if there is no reference to the same industry, the amount is not the same in various places, and the local traffic police department has a calculation standard for the amount of compensation, you can go to inquire.

3. The damage is the insurance appraised value, and the cost of repair by the maintenance company is equivalent to the appraised value, so the cost is true and reasonable, and the court will support it.

You have done your best, and if the other party does not compensate, you can sue him. However, the other party can also sue you.

Mediation can be carried out under the auspices of the traffic police force to obtain compensation from the other party, and direct coordination with the other party can make the other party compensate.

If you can't, go to court.

Please contact me for details.

I hope mine will help you. At the same time I'm on a mission, hoping for my answers.

If the employer does not apply for it, you must apply for a work-related injury determination within 1 year after the injury. If you do not receive compensation from the party responsible for the accident or the compensation you receive is lower than the compensation for the work-related injury, you can get compensation for the work-related injury, for the part of the work-related injury, you can get the suspension pay up to 12 months' own salary, according to your disability level, you can get disability allowance, disability allowance and other benefits. Specifically, it is necessary to do a labor ability appraisal.

You can first claim compensation from the driver for the loss of the traffic accident, specifically: disability compensation (your wrist fracture should be rated as disabled), lost work expenses, hospital living expenses, hospital nursing expenses, medical expenses, spiritual solace, etc.

Hello, you can get compensation for both workers' compensation and traffic accidents.

The compensation obligor shall compensate for the following traffic accidents: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Where the victim is disabled due to injury, the compensation obligor shall also compensate for disability compensation, disability assistive devices, living expenses for dependents, as well as necessary expenses, nursing expenses, follow-up expenses, and solatium for mental injuries actually incurred as a result of nursing care and continuation.

You should be in the 10th level of the labor ability assessment, so there should be a lot of compensation.

Lawyer Yang Yanguo.