I was riding a motorcycle and was hit by a car I4 meters, how to make a claim when I fainted?

First of all, the responsibilities of both parties should be delineated.

Second, the loss is determined, including the loss of the vehicle and the loss of the person injured as a result. According to Article 17 of the Interpretation on Compensation for Personal Injuries, the compensation obligor shall compensate the victim for personal injury, all 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.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Article 18: Where the victim or the close relatives of the deceased suffer mental damages, and the person entitled to compensation requests compensation from the people's court for solatium for moral damages, the "Supreme People's Court Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" is to be applied.

Finally, according to Article 16 of the Interpretation of the Interpretation on Compensation for Damages in Road Traffic Accidents, if a motor vehicle is insured with both compulsory third-party liability insurance (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") for damage caused by a traffic accident, and the parties sue both the infringer and the insurance company, 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 insufficient part shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract; (3) Where there are still deficiencies, the infringer shall compensate in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law.

It depends on whether you are taking the wrong road, whether you are wearing a helmet, whether you have a motorcycle driver's license, and if you are also responsible, it depends on the size of the responsibility of both parties.

The compensation includes: 1. The funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and the total amount for six months. 2. The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the standards of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed.

if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods.

If the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne by law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year. 3. Death compensation shall be calculated over a period of 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. 4. Solatium for moral damages: It is generally about 5 to 100,000 yuan according to the local living standard, the defendant's ability to compensate, and the degree of fault.

5. Other miscellaneous expenses: including accommodation expenses for family members dealing with accidents, transportation expenses, lost work expenses, etc. The specific amount is calculated according to the deceased's household registration (note that although the deceased is a rural household registration, but has lived and lived in the city for a long time, the relevant expenses can also be calculated according to the resident standard), local statistics, the number of dependents, age, local living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated according to the proportion of accident liability.

Summary. Hello dear! If you are hit by a vehicle overtaking from behind while riding a motorcycle, and you are unsure whether you have been hit, then you should immediately find a safe place to stop, check yourself for injuries and call emergency services if necessary**.

At the same time, you can ask roadside witnesses about the incident, as well as record information such as the license number and model of the vehicle, which is very important for possible claims or legal proceedings in the future. It is best to be able to photograph the **or** of the vehicle as evidence.

Hello dear! If you are riding a motorbike and are hit by a vehicle overtaking from behind, and you are not sure if you have been hit, then you should immediately find a safe place to stop, check yourself for injury, and if necessary, call the emergency services in time**. At the same time, you can ask roadside witnesses about the incident, as well as record information such as the license number and model of the vehicle, which is very important for possible claims or legal proceedings in the future.

Or you call the police, let the ** check monitoring can see whether it hit you, legal basis: Article 60 of the "Provisions on Road Traffic Accident Handling Procedures" The traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault: (1) If the road traffic accident is caused by the fault of one of the parties, bear full responsibility; (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 their 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 shall not be liable.

Okay, I called the police, he didn't stop him at that time, someone chased him up and told him to stop and hit someone, he said he didn't hit him and ran away, laughing next to Tong Now the traffic police are looking for a bumper Tan person, and when I talk to Qizhou, where should I say it.

Hello, you just tell the truth on it, I am driving normally, he is from my rear back to the state, right overtaking, I fell down when the lead luck only saw his rear wheel rubbing my helmet and the rear of the motorcycle over the leakage, did not see how he hit me, but I just felt who hit me, my motorcycle flew out.

Well, it's okay to say this, the motorcycle flew out and hit it, let the police check the monitor, and find the owner to see that he can see the car.

There's a camera there that's private and broken, and there's one on the left that doesn't really shine on me, and his car is in the way.

He's a semi-trailer, he should have a dash cam, I don't know if he can see it.

Hello, there is a dashcam on the other side's car, you can see it.

I don't know if his car has a dash cam or not, he ran without stopping to deal with it.

Every car must have a recorder, and the other party still has a semi-trailer.

It depends on whether your car has violations, such as overtaking, running red lights, speeding, etc., and the specific situation needs to be reported to the police and wait for the road traffic accident certificate issued by the public security organ to determine the proportion of responsibility.

1. Can the handling of traffic accidents constitute an intentional crime?

A person who is convicted of the crime of causing a traffic accident as a result of a traffic accident is not an intentional crime, but a crime of negligence.

The crime of traffic accident is subjectively negligent, including negligent negligence and overconfident negligence. This negligence refers to the mental attitude of the perpetrator towards the serious consequences that his violation may cause.

The perpetrator may knowingly violate the rules and regulations; For example, drunk driving, forcible overtaking, speeding, etc., but their violations may cause major accidents, causing serious consequences, and should be foreseen but due to negligence, did not foresee, or although they have been foreseen, they can be avoided by credulity, resulting in serious consequences.

2. What is the subjective aspect of the crime of traffic accidents?

The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with law.

The crime of causing a family accident is a crime of negligence endangering public safety, and the subjective element of this crime is manifested in negligence, including negligence and overconfidence.

This negligence refers to the mental attitude of the perpetrator towards the serious consequences that his violation may cause.

The perpetrator may knowingly violate the rules and regulations, such as drunk driving, forcible overtaking, speeding, etc., but major accidents may occur for his violations;

Serious consequences are caused by negligence, failure to foresee, or failure to foresee them, or serious consequences have been caused by credulity that they can be avoided even though they have been foreseen.

3. Who is responsible for a pedestrian who runs a red light and is hit by a car?

If it is on the sidewalk, the pedestrian runs a red light, and the motor vehicle does not have violations such as speeding and overloading, the pedestrian may be the primary responsibility, the secondary responsibility of the motor vehicle or no responsibility;

If the motor vehicle is speeding, overloading, or other forms of infraction, it may be secondary or equivalent liability.

If the pedestrian is not on the sidewalk and runs a red light, the motor vehicle may not be liable if there is no violation; If the motor vehicle has violations, the motor vehicle may be secondary liability. For the determination of specific accidents, only the identification letter of the traffic police has legal effect.

Article 47 of the Regulations for the Implementation of the Road Traffic Safety Law: "The vehicle behind shall, after confirming that there is a sufficient safety distance, overtake the left side of the vehicle in front, and after pulling away the necessary safety distance from the vehicle being overtaken, turn on the right turn signal and drive back to the original lane." ”

Summary. Dear, I am glad to answer for you: it depends on your car, whether there are violations, such as overtaking, running red lights, speeding, etc., the specific situation needs to be reported to the police and wait for the road traffic accident certificate issued by the public security organ to determine the proportion of responsibility.

Dear, I am glad to answer for you: It depends on your car, whether there are violations, such as overtaking, running red lights, speeding, etc., the specific judgment of the tour needs to call the police and wait for the road traffic accident certificate issued by the public security excavation and pin authority to determine the proportion of responsibility.

legal basis; Article 47 of the Regulations for the Implementation of the Road Traffic Safety Law: "The vehicle behind shall, after confirming that there is a sufficient safety distance, overtake the left side of the vehicle in front, and after pulling away the necessary safety distance from the vehicle being overtaken, turn on the right turn signal and drive back to the original lane." Lease disturbance".

This 1,000 yuan is indeed no liability compensation, but since the other party is not looking for you, you don't have to hand over the money to the traffic police in advance.

Of course, the insurance company will pay for this part of the expenses, but you should call the insurance company ** at that time and ask the insurance officer to take pictures.

Accident records refer to the records of handling accidents kept by insurance companies, and generally not counted if they are reported to the police.

The premium for the second year will not rise due to the use of compulsory liability insurance, and only in the case of commercial insurance, the premium of commercial insurance will rise. There is not much difference in the premium of compulsory liability insurance between insurance companies.