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If you are a family member of a car accident patient and the driver is unwilling to take care of the patient, there is no way to do it, so you can ask him to compensate him financially. You can apply to the public security organ, and the court department will preside over the work for you.
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The driver who caused the accident has no responsibility and obligation to take care of the patient, taking care of the patient is the responsibility of the family, and the family must keep all kinds of invoices, including the taxi ticket for medical treatment, which can be reimbursed by the insurance company.
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Under normal circumstances, if the driver who caused the accident will not take care of the injured patient, he can only agree to compensate or pass the court judgment after the traffic police certify the responsibility. Nursing expenses are included in the compensation. ·
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What you said is not right, the driver who caused the accident just transferred your family, and he can only say that Ampere can pay you money to see how much money you need, and he can't help you take care of the patient.
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There are companionship fees and nursing fees in the law, and don't expect others to take care of them.
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Oh, and the driver who caused the accident didn't want to take care of the patient, so he took the money or hired someone to negotiate a good solution, and it happened.
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Do you still expect the driver to take care of the accident? Can you be so careful? It's better to take care of your own relatives!
As for the driver, let's take the road of compensation, let him pay the money, and be punished instead.
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2. If an accident occurs, if there is an illegal act, it shall be punished according to law; where compensation is required, compensation shall be made in accordance with law;
3. The law does not stipulate that you must accompany you to ** after the accident, who will bear the resulting lost work expenses?
4. Article 17 of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
1. The person obligated to 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.
2. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive devices, and living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
3. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article in accordance with the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.
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Totally legal.
The driver and his family were not obliged to accompany the injured person to the hospital, even if the driver was fully responsible.
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If a person is unable to take care of himself during the period from injury to recovery and needs a nursing staff to take care of his or her daily life, the insurance company shall compensate for the actual nursing expenses incurred. When the insurance company settles the claim, it must clarify the division of responsibility between the two parties to the accident. 1.
If the traffic police determine that the vehicle involved in the accident is responsible, according to the current compulsory traffic insurance compensation limit, the insurance company can pay the total maximum limit of 10,000 yuan for medical expenses and hospital meal subsidies, and the total maximum limit of 110,000 yuan for nursing expenses, transportation expenses, nutrition expenses, lost work expenses, disability compensation and other expenses. 2.If the traffic police determine that the vehicle involved in the accident is not responsible, according to the relevant provisions of the compulsory traffic insurance, the insurance company can pay a total of 1,000 yuan for medical expenses and hospital meal subsidies, and a total of 10,000 yuan for nursing expenses, transportation expenses, nutrition expenses, lost work expenses, and disability compensation expenses in the case of insurance liability.
Calculation of nursing care fee Number of days of nursing care Nursing cost Days, number of days of nursing care From the date of injury to the date of the injury** issued by the hospital.
Legal basisArticle 21 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.
The nursing fee is determined based on the income status of the nursing staff, the number of nursing staff, and the duration of nursing care. Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.
The period of care shall be calculated until the victim recovers his or her ability to take care of himself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years.
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Summary. Hello, you are not responsible for accompanying you in the hospital, but you will need to settle the driver before you can leave, because the driver is your employee.
The driver is sick and hospitalized in the car, and the family is notified but is unwilling to take care of it, do I have the responsibility to accompany me in the hospital as the car owner?
Hello, you are not responsible for accompanying you in the hospital, but you will need to settle the driver before you can leave, because the driver is your employee.
This happened to him on his first day in the car, during a probationary period. There is no employment contract between us.
Why didn't his family leave him alone? What is his disease?
Initial examination indicates cerebral infarction.
Cerebral infarction is not formed in a day, so this Huiyu companion is also a coincidence, you still have to inform him of the false luck family, you stupidly said that I don't have time to help you take care of you here, come as soon as possible.
Don't worry, you don't have much responsibility, because it's only the first day of trial, and if it's an employment relationship, it's not easy to handle.
Okay, thanks.
You're welcome and have a great day.
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According to the law, damages are compensated according to the liability for the accident and the actual loss. For unreasonable demands, the parties may refuse to compensate and stop paying medical expenses, and the injured person can only bear the losses that are enlarged by himself. Stop all further advance payments, collect evidence to prove the normal activity status of the other party when necessary, keep all the expense documents and materials that have been advanced, and wait for the other party to sue if the negotiation is fruitless again.
Civil Procedure Law of the People's Republic of China》 Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided in this Law. Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases: (1) Major cases involving foreign interests, 2) Cases that have a major impact in the jurisdiction, and 3) Cases that the Supreme People's Court determines are within the jurisdiction of the Intermediate People's Court.
Article 119:Litigation must meet the following conditions: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case, 2) there is a clear defendant, 3) there are specific litigation claims, facts, and reasons, and 4) it is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.
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Legal analysis: According to the law, damages are compensated according to the liability for the accident and the actual loss. For unreasonable requests for leaks, the parties may refuse to compensate and stop paying medical expenses, and the injured person can only bear the losses that are enlarged by himself.
Stop all further advance payments, collect evidence to prove the normal activity status of the other party if necessary, keep all the documents and materials that have been paid in advance, and wait for the other party to sue if the negotiation is fruitless again.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided for in this Law. Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:
1) Major foreign-related cases, 2) Cases that have a major impact in the jurisdiction, 3) Cases that the Supreme People's Court determines are within the jurisdiction of the Intermediate People's Court. Article 119:Litigation must meet the following requirements: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case, 2) there is a clear defendant, 3) there are specific litigation claims, facts, and reasons, and 4) it is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.
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