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Whether the other party wants to compensate you depends on whether he is listed as the main body of responsibility in the accident identification letter issued by the traffic police department, and whether he bears a certain proportion of responsibility.
Exception: the party responsible for the motor vehicle accident may bear less than 10% of the liability if it is not liable) Comprehensive judgment, whether to compensate or not is subject to the content of the liability determination. If there is compensation, the following 15 statutory compensation items may be compensated:
Medical expenses, lost work expenses, nursing expenses, hospital meal allowances, ** expenses, plastic surgery expenses, follow-up ** expenses, nutrition expenses, disability compensation, disability assistive device expenses, accommodation expenses, transportation expenses, living expenses of dependents, mental damages, and other property damage expenses. According to the relevant laws and regulations, in the event of a traffic accident, the perpetrator himself can be found, and if the perpetrator is not the owner, the owner of the vehicle can also be added as the defendant, the insurance company of the vehicle that caused the accident, and if the car involved in the accident is the car of the unit, the unit can also be listed as the defendant, and these entities will be clearly stated in the accident identification responsibility letter issued by the traffic police department; Therefore, if you want to claim compensation in the event of an accident, you can negotiate with the subject of the accident certificate to settle it, and if you can't negotiate, then you can sue for processing. Except for the entities listed in the accident certificate, none of the other entities are liable for the traffic accident, but it cannot be ruled out that other entities will bear other civil liabilities.
Not only can you claim compensation from the victim, but you can also file a claim with the insurance company if you pay the insurance. Whether it can be supported and how much it can be supported is related to the evidence provided, and it is necessary to provide the corresponding proof of income and proof of lost work, and the supporting materials provided can only be supported if they are recognized. If you have a regular income, the lost time pay will be calculated based on the actual reduced income, and you will need to provide proof of your income.
If you have no regular income, it will be calculated based on your average income in the last three years; If you are unable to provide evidence to prove the average income of the employee in the last three years, the court may refer to the average salary of employees in the same or similar industry in the location of the court where the lawsuit is filed in the previous year.
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If it is a commercial vehicle, it can claim compensation for operating losses
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Legal analysis: unreasonable, all compensation is for the vehicle, since it is for the vehicle, there must be no lost time pay. In the case of commercial vehicles, in addition to the cost of vehicle maintenance, there may be a loss of service during the maintenance period of the vehicle.
Legal basis: Article 836 of the Civil Code of the People's Republic of China If the shipper or the consignee fails to pay the freight, storage or other expenses, the carrier shall have a lien on the corresponding transported goods, unless otherwise agreed by the parties.
1. Immediately report the case, rescue the injured and property, and protect the scene. 2. Truthfully state the circumstances of the traffic accident to the public security organs. 3. If you are instructed to pay the rescue fee to the injured, you should actively cooperate. >>>More
This is also a traffic accident.
Legal analysis: After a traffic accident, you can report the case at any time, and there is no timeliness of reporting, but you should call the police immediately after the traffic accident, because the first time the accident occurs, it is conducive to protecting the scene, collecting evidence, and dividing responsibilities. If the body is damaged and it is necessary to recover compensation, a lawsuit shall be filed with the people's court within one year from the date of the accident. >>>More
In the event of a road traffic accident, the other party will also pay vehicle depreciation after the responsibility is determined and the claim is settled, which should be a reasonable request, but there is no legal support at present, you don't have to pay attention to him and ask him to go through legal procedures. Because from the current legal support, the compensation for the traffic accident has included all the expenses, and there is no such thing as paying depreciation, if he has evidence, he can solve it through legal procedures.
After a traffic accident occurs, if the party responsible for the accident refuses to bear the liability for compensation, the injured party may file a civil lawsuit to protect its rights. >>>More