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First of all, responsibility for traffic accidents should be distinguished. All losses caused by traffic accidents are proportionally shared by reference to the responsibilities of all parties involved in the traffic accident.
Secondly, the insurance company shall compensate within the insurance limit insured by the party causing the accident, and the compulsory traffic insurance part does not divide the accident responsibility, as long as it is the loss of the other party, the compensation amount of the compulsory traffic insurance when the other party is not responsible is the compensation limit for death and disability: 11,000 yuan, the compensation limit for medical expenses: 1,000 yuan, and the compensation limit for property damage
100 RMB. When you are liable, the compensation amount of compulsory traffic insurance is the compensation limit for death and disability: 110,000 yuan, and the compensation limit for medical expenses
10,000 RMB, property damage compensation limit: 2,000 RMB. The insufficient part shall be compensated by the commercial third-party insurance, etc., and the vehicle owner shall bear the excess of the commercial third-party insurance.
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Hello. First of all, let's analyze it in two cases:
1. The owner and driver are the same person.
In this case, it is only necessary to consider the illegal status of the car owner to judge the liability of the insurance company. If the driver does not have drunk driving, driving without a license, hit-and-run, etc., and the insurance procedures of the vehicle are very complete (compulsory traffic insurance, three-party insurance, etc.), then the insurance should first be compensated by the insurance, and the part of the insurance compensation is insufficient by the driver. In addition, as a result of the death of two people, it has already constituted the crime of causing a traffic accident, and the driver will definitely be criminally punished.
If the circumstances are not very serious, they will be punished by imprisonment of not more than three years, criminal detention or public surveillance.
Second, the owner of the car and the driver are not the same person.
If the driver and the owner of the vehicle are not the same person, if the owner is not at fault and is unaware, the entire liability for compensation shall be borne by the driver, and the standards and rules of compensation shall be carried out in accordance with the above distribution rules; If the owner of the vehicle is negligent and fails to fulfill the duty of prudent care, then he should be jointly and severally liable with the driver, but the criminal liability is the responsibility of the driver himself.
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Car owners will buy insurance for their cars, when a traffic accident occurs, if the car owner bears the main responsibility, how will the insurance company compensate?
1. The compensation plan of the insurance company.
If you are for your carIf you purchase compulsory traffic insurance, the upper limit of this insurance is 2,000 yuan, which means that no matter whether you are the main or full liability, the compulsory traffic insurance will pay you 2,000 yuan。It's up to you after thatWhether or not you have purchased commercial third-party insuranceIf you buy it, then there will be two compensation options, and there will be one compensation plan without the purchase. If you do not purchase commercial third-party insurance, then you will have to bear the part of the other party's car loss of 2,000 yuan.
If you have purchased commercial third-party insurance and added no deductible, then the insurance company and you will jointly bear the remaining part of the 2,000 yuan, and the part you bear will be appropriately reimbursed according to the insurance contract. The last one is to purchase commercial third-party insurance, but this situation is not included in the deductible, so the insurance company will bear the part other than 2,000 yuan.
II. Claim Process.
When you have a traffic accident, you also have to go through a certain process to make a claim to the insurance company。The first is to report the situation of the scene to the insurance company, protect the scene, and let the staff of the insurance company come to the scene to conduct an investigation in time. The second is to cooperate with the work of the public security department, so that the owner of the car can reach a negotiation to determine the responsibility for the traffic accident.
The third is to report the loss to the insurance company, and then the insurance company will review whether you should be compensated or not. The fourth is that the insurance company will pay for you, and the insurance company will compensate you after determining the situation.
3. Summary. In summary,When you buy a car, you must buy insurance for the car, which must be purchased compulsory traffic insurance, and after this insurance, you can also buy certain commercial insuranceSo that when you have an accident, you can find the insurance company to settle the claim and reduce the loss of property. After all, I often walk by the river, how can I not get my shoes wet, and now traffic accidents are frequent, so we must take protective measures.
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There is no division of responsibility within the scope of compulsory traffic, and accidents beyond compulsory traffic are shared according to the primary and secondary responsibilities, and if there is commercial insurance, the part that the car owner should bear will be borne by the insurance company. Without commercial insurance, the owner can only bear it.
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If the vehicle is fully insured. The insurance company will settle the claim according to the procedure after assessing the damage of the accident. Even if the owner is fully responsible, compensation will be paid according to the situation.
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The insurance company will compensate according to the specific insurance content, and will also compensate according to the requirements of the insurance contract, and the amount of compensation is relatively large.
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It will still be compensated according to some actual losses, so that the compensation may be a little more, because after all, it is the full responsibility of the car owner.
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Who? Your car owner bears the main responsibility, but the insurance company also bears the main responsibility, so go through the normal compensation procedure, and the compensation will not be discounted
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Summary. If the normal compensation of the insurance has been passed, it means that both parties have agreed to the agreement on the compensation, which has the effect of law, and it is not legal to ask the car owner to pay again.
In the event of a traffic accident, is it reasonable for the victim to ask the owner of the car to pay again in private in addition to the normal compensation of the insurance?
I'm the owner of the car. Hello, unreasonable.
If it has been informed that the normal compensation has been paid by the empty baggage insurance, it means that both parties have recognized the agreement on the compensation and has legal effect, and it is illegal to require the owner of the car to pay again.
This time, I am fully responsible, but there is a 7-month-old pregnant woman in my car, and she asked me for additional compensation in addition to the insurance insurance, and she went to the court to sue me, what should I do.
When the insurance compensation is signed, this has legal benefits, and the court will not support the unreasonable attempt to accompany the court after the compensation.
She hired a lawyer, a lawyer, and it was a relative of her family.
It doesn't matter, as long as you sign a compensation agreement.
The traffic accident compensation agreement needs to specify the information of both parties, the specific circumstances of the accident, the way and amount of compensation for damages, the determination of the source of responsibility and the loss of the accident by the traffic management department, the amount of insurance compensation, and the time when the agreement was signed. As long as he signed, it was equivalent to her accepting compensation, and it was unreasonable to ask for compensation again.
She hasn't agreed to the compensation of the face guard yet, and she will go to the court to sue, will she be involved with me.
Yes, but as long as it does not exceed the amount of the insurance claim, the amount of compensation has a lot to do with the insurance company, and it is not much for you.
sued, you can respond to the lawsuit normally, will I compensate, she said that the pregnant woman was born prematurely after being discharged from the hospital, and she also wanted to find me.
Normal expense claims will be made by the insurance company, and those who are not enough will come to you.
Her total medical expenses were less than 2,000 yuan.
It can be handed over to the insurance company to deal with, and he will sue the insurance company as an equal defendant.
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In the event of a traffic accident, if the other party is fully responsible, the party concerned can settle the claim as follows: 1. The insured shall report to the insurance company in a timely manner; 2. Inform the insurance company of the casualties in a timely manner; 3. Settle claims according to the corresponding bills and vouchers; 4. Subsequent compensation costs can be dealt with together. Legal basis:
Article 21 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability Article 21 If a road traffic accident occurs in an insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the liability limit of the compulsory insurance for motor vehicle traffic accident liability in accordance with the law. If the loss of a road traffic accident is caused by the victim's intention, the insurance company will not compensate for the remorse.
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If the owner of the car has paid the victim in full, then the insurance company does not need to be liable for compensation, but the owner of the car can claim compensation from the insurance company. If the car owner claims the insurance contract with the insurer, the basis is the insurance contract dispute, not the tort dispute, and the insurance company bears the liability for compensation within its insurance limit.
Basis of compensation of the insurance company:
1. The proportion of responsibility of both parties to the accident (subject to the road traffic accident certificate issued by the traffic police force);
2. The basis for the amount of compensation for the victim (including proof of property loss, proof of personal compensation, such as receipts for medical expenses, hospitalization records, etc.).
3. Bear the liability for compensation within the insurance limit.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
It is a traffic accident crime.
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