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The sum of the losses of both parties to the accident is divided by two, and the responsibility of their own side is liable.
1. If both parties are motor vehicles, the compensation method is that both parties use their respective compulsory traffic insurance to compensate each other, and if the compulsory traffic insurance is not enough to compensate, the other party will compensate 50% and bear 50% of the excess, and if both parties have insurance, they can use the insurance company to compensate.
2. If one party is a motor vehicle and the other party is a non-motor vehicle or a pedestrian, 50% of the loss of the motor vehicle shall be compensated by the other party, and the other 50% shall be borne by itself, and the insurance company will compensate if there is insurance. The motor vehicle party shall first compensate the other party with compulsory traffic insurance, and each shall bear 50% of the excess.
3. It depends on the traffic police to deal with the results of the mutual collision self-compensation or mutual collision compensation, the premise is within the scope of the strong communication, if the mutual collision self-compensation, the respective insurance companies pay their own insured, and the respective insurance companies compensate each other, and the compensation is paid to the insured's bank card, and the car repair settlement needs to be paid in advance.
4. If the medical expenses of the injured person are within 10,000 yuan, you will be responsible for the 10,000 yuan limit of your car's compulsory traffic insurance. The excess part shall be shared according to the responsibility. However, since the other party is not a motor vehicle, your car should bear 60%, and the other party should bear 40% (the reason is that according to the traffic safety law and the implementing regulations and road traffic accident handling procedures, the motor vehicle, pedestrians, and non-motor vehicles economic compensation plus 10% provisions).
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When you make a claim, you need to provide a copy of the other party's compulsory traffic insurance policy, two copies of the certificate, damage assessment information (if the other party's loss is assessed by your insurance company, it is not required), maintenance invoice, your own 500 yuan maintenance invoice, two copies of the certificate, and the original ID card of the insured. You need to give the other party a copy of your two certificates and a copy of the compulsory traffic insurance policy, a maintenance invoice of 2,500 yuan, and the damage assessment information of the vehicle (if the loss of your vehicle is assessed by the other party's insurance company, it is not required). Remember to ask for 1500 yuan for the other party!!
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If there is compulsory insurance, the compulsory insurance will be compensated first, and then the liability will be compensated after the compulsory insurance.
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Legal analysis: if the size of the responsibility can be determined, each of them shall bear the corresponding responsibility; 50% of each is paid to determine the size of the responsibility
Legal basis: According to Article 110 of the Civil Code of the People's Republic of China, if two or more persons separately commit tortious acts and cause the same damage, and the size of the liability can be determined, they shall bear corresponding responsibility; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally.
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Legal analysis: If both parties to a traffic accident bear equal responsibility, and both parties have purchased insurance, the insurance company shall compensate within the scope of the amount, and the parties shall bear the excess limit.
Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability
Article 21 In the event of a road traffic accident involving an insured motor vehicle that causes personal or property damage to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the limits of the liability limit of the compulsory insurance and insurance for the motor vehicle traffic accident in accordance with law.
If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.
Article 23 Compulsory liability insurance for motor vehicle traffic accidents shall implement a uniform liability limit nationwide. Liability limits are divided into death and disability compensation limits, medical expense compensation limits, property damage compensation limits, and compensation limits for the insured who is not liable in road traffic accidents.
The liability limit of compulsory insurance for motor vehicle traffic and filial piety accident liability shall be prescribed by the China Insurance Regulatory Commission in conjunction with the public security department, the health department, and the agriculture department.
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Both parties are 50% responsible for the car accident, and the insurance company is also half of the claim?
will compensate; Mainly look at the traffic police department to make the "accident identification", if the identification is found to be responsible, then the corresponding proportion of compensation; Lost time pay is indirect property damage caused by injuries caused by traffic accidents and delayed work. The compensation for lost time is generally borne by the insurance company within the scope of insurance liability, and then by both parties to the accident according to the proportion of liability.
There are two ways to get compensation for the loss of the car:
1. The insurance company shall compensate 50% of the loss of the car, and the other 50% of the loss of the car shall claim compensation from the driver of the other party and the other party's vehicle insurance company.
2. The insurance company shall compensate for the loss of the car in full, and transfer 50% of the recovery rights for the loss of the car to the insurance company.
The above two methods are also applicable to claims for loss of the other party's vehicle.
In addition, the insurance company will generally prefer the first compensation method, but you have the right to choose the first compensation method.
1. The compensation limit for medical losses: the maximum is not more than 10,000 yuan. Including medical expenses, hospital meal allowance, nutrition expenses.
2. Death and disability compensation limit: up to 110,000 yuan, if only injured, including lost work expenses, nursing expenses, transportation expenses, etc.; If it constitutes disability, it includes disability compensation, mental solace, living expenses for dependents, transportation expenses, lost work expenses, nursing expenses, etc. If the victim dies, it includes funeral expenses, death compensation, living expenses for dependents, transportation expenses, spiritual solace, etc.
3. Compensation limit for property loss: the maximum is not more than 2,000 yuan. Including the loss of vehicles and goods, etc.
Prosecution fees, appraisal fees, appraisal fees, etc. are not included.
The insurance company is responsible for compensating the other party for the above losses, not proportionately. If it is not enough to compensate the plaintiff for the loss, you will be liable for compensation according to the percentage.
If you take out commercial insurance, you can still get compensation for the part of the loss you bear, but the general insurance company will deduct some out-of-pocket drugs.
In summary, the compensation for lost time is generally not available to everyone, and the conditions must be met to apply, and in the case that both parties have the same responsibility, they must consult the insurance company when compensating, and the compensation for both parties is half of each, so there must be a legal basis for the compensation before applying.
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Both parties are responsible for 50% of the car accident, and the amount of the claim is calculated according to the amount of premiums of both parties, not necessarily everyone can get half of it, and the specific amount of compensation depends on the insurance company.
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This is not true, and further claims will be processed according to the damage of both parties, and the responsibility is the same, which does not mean that the losses of both parties are the same.
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Yes, the insurance company will pay according to the judgment, and the money will be used for ** or car repairs, not for private use.
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The insurance company you have insured compensates the other party for the loss, and the insurance company that the other party has insured compensates you for the loss.
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There are two ways to get compensation for the loss of the car:
1. The insurance company compensates 50% of the loss of the car, and the other 50% of the loss of the car asks the other driver and the other party's vehicle insurance company to compensate for him.
2. The insurance company shall compensate the insurance company in full for the loss of the car, and transfer 50% of the recovery rights for the loss of the car to the insurance company.
The above two methods are also applicable to claims for loss of the other party's vehicle.
In addition, the general insurance company will prefer the first compensation method, but you have the right to choose the first compensation method.
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1.If both parties to the accident are motor vehicles, the insurance company of the other party shall first compensate the other party for its losses in full within the compensation limit of the compulsory traffic insurance; If there is third-party liability insurance, the insurance company can compensate the other party's losses at a rate of 50% within the compensation limit of the third-party liability insurance.
2.If one party is a motor vehicle, and the other party is a non-motor vehicle or a wild person, if the traffic police determine that each bears 50% of the responsibility, then when compensating, the responsibility of the non-motor vehicle or the person who has changed to the rough person can be reduced by 10%-20%, that is, the motor vehicle party shall compensate the loss of the non-motor vehicle or pedestrian party in the proportion of 60%-70%.
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