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Crash: 1. Call 110 to call the police. Wait for the police to come to the scene to take pictures and judge responsibility;
2. After the police sentenced the other party to full responsibility, the police left, and the parties on both sides continued to wait at the scene, waiting for the insurance company of the responsible party to come to the scene to issue a bill (I don't know what the bill was, I got a pink copy copy), and then everyone can leave the scene (after the incident, the traffic police will receive a notice of the judgment result of the accident).
3. The accident car drove to the 4S shop, gave the pink order to the 4S shop, and the younger brother began to go through the damage assessment process (about 1 day or more), and then informed you about how long it would take to repair. Now you can go home and rest.
4. One day after the accident, the other party's insurance company called (it was safe at the time), and the content of the call was "The location of the damage assessment is @%, the maintenance **is**money, is the maintenance fee on the car owner's card, or is it directly to the 4S shop?" If you punch in, it means that you pay the money yourself when you go to pick up the car (inconvenient), such as the insurance company directly to the 4S store, after the repair you can go directly to the car inspection and drive away, there is no process to go.
5. If you choose to let the insurance company give the 4S shop directly, then continue to wait, and after the maintenance is over, the 4S will take the initiative to call you ** (because the 4S shop does not want your car to be parked in the store for free) to notify you to pick up the car, and you will go to the appointed time to inspect the car and pick up the car.
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The process is as follows:1The full responsibility is to report to the insurance company, and the insurance company will designate a loss assessment center (unless someone is injured, there is no need to report to the traffic police, even if the traffic police come and will not issue a bill to you, or ask you to go to the loss assessment center to deal with it) 2
The two sides go to the loss assessment center together, all the insurance companies have loss assessors together to work together, fill out a letter of responsibility for mutual collision or something (the specific name is forgotten), and then find the insurance company adjuster of the fully responsible party to take pictures of the damage assessment, remember to bring the driving license, driver's license and compulsory traffic insurance policy (the non-responsible party should also bring) 3The damage assessment center is generally linked to the car repair shop, if the damage is decided to repair there, then there is no need to pay a penny, the non-responsible party repairs the car to take the car away, but to the driving license, driver's license and a copy of the compulsory insurance policy to the other party (note, the non-responsible party also needs to provide a copy of the compulsory insurance policy) 4If you don't repair it at the repair shop in the damage assessment center, then take the other party's insurance company report number, drive the car to the 4S shop or other car repair shop where you usually repair the car, tell the person who receives you the report number, and then you can go.
The garage will contact the insurance company and let the damage assessor assess the damage and repair the car5After the car is repaired, you need to pay the repair fee to the repair shop first when you go to pick up the car. The repair shop will give you the printed damage assessment form, repair order details and invoice6
Make an appointment with the other party, give the aforementioned driving license, driver's license and copy of the compulsory traffic insurance policy and the damage assessment order, repair order details and invoice given by the repair shop to the other party, and the other party will give you the money (the money does not give you those things can not be given to the other party) 7If your repair cost is more than 2000, then you need to go to the damage assessment center with the other party (both parties must be present together) to find the traffic police (also on-site office, but only Monday to Friday) to change the accident identification form; After changing, you can pay attention to the other party by settling the bill on the spot: 1
If the other party is fully responsible, he won't give you the money, and you can't give him your things; If he doesn't give him something, he can't make a claim. Sometimes the other party is repairing in a repair shop or 4S shop linked to the insurance company, and the other party does not need to advance money to repair the car by himself, he is not in a hurry but the repair shop is in a hurry. But in general, in the end, it is the insurance company that comes out, and generally no one will rely on this account2
When you go to the loss assessment center to find the traffic police to change the list, you must add a point: it is said that this rule will change after October 1, and those who lose less than 2,000 yuan will find their respective insurance companies to compensate, and use compulsory traffic insurance, no matter what is fully responsible or the main responsibility is secondary.
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1. The accident is fully responsible, should bear all the liability for compensation, if the vehicle is insured with compulsory traffic insurance and commercial insurance, the insurance company will first bear the compensation within the scope of insurance, and the insufficient part will be compensated by the perpetrator.
2. The compensation items in traffic accidents mainly include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, death compensation, and mental injury solace.
3. Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, 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.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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The full responsibility for the crash is reported to the traffic police force and the insurance company for compensation. Hope.
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Take insurance, the insurance is not enough, so you have to pay for it yourself.
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Legal analysis: The other party is fully responsible for the collision, and the other party should compensate for the losses caused. The compulsory traffic insurance insured by the first party shall be compensated within the liability limit, and the insufficient part shall be compensated and returned by the third-party liability insurance. For the issue of compensation, the parties can negotiate or apply for mediation.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.
After mediation by the traffic management department of the public security organ, the parties fail to reach an agreement or do not perform after the mediation is effective, the parties may file a civil lawsuit with the people's court.
Article 21 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability 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 limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law.
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1. Be fully responsible for the accident and be fully responsible for the accident, and you will be fully liable for compensation. If the vehicle is insured with compulsory traffic insurance and commercial insurance, the insurance company shall first bear the compensation within the insured amount, and the actor shall continue to pay the insufficient part.
2. Compensation items in traffic accidents.
The compensation items in traffic accidents mainly include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, cancellation of death compensation, and solatium for mental damages.
3. The victim suffers personal injury.
According to Article 17 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, if the victim suffers personal injury, the compensation obligor shall compensate for the expenses incurred for medical treatment and the loss of income due to lost work, including medical cancellation fees, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
Millions of car purchase subsidies.
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If the other party is fully responsible after the collision, the insurance company that it insured will compensate within the liability limit of the compulsory insurance for traffic accident liability, and the insufficient part shall be compensated by the third-party liability insurance. If it is still insufficient, the other party shall make compensation. If the other party is unwilling to compensate, the parties may file a lawsuit in the people's court.
Article 74 of the Road Traffic Safety Law In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation by the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court. In the first paragraph of Article 21 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability, if the insured motor vehicle suffers from a road traffic accident 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 liability for motor vehicle traffic accident liability in accordance with the law.
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The other party is fully responsible, and the party concerned can directly claim compensation from the other party's insurance company with the certificate of identification, the invoice for the cost of repairing the car damage, and the accident liability certificate issued by the traffic police, and compensate for the property loss of the compulsory traffic insurance.
Legal basis: Insurance Law of the People's Republic of China
Article 5 The parties to insurance activities shall follow the principle of good faith in exercising their rights and performing their obligations.
Article 10 An insurance contract is an agreement between the policyholder and the insurer on the relationship of insurance rights and obligations. The policyholder refers to the person who has entered into an insurance contract with the insurer and has the obligation to pay the insurance premium in accordance with the contract. The insurer refers to the insurance company that enters into an insurance contract with the policyholder and assumes the responsibility of compensation or payment of insurance money in accordance with the contract.
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Legal analysis: the other party is fully responsible, and the parties can directly claim compensation from the other party's insurance company with the certificate of identification, the invoice for the cost of vehicle damage and repair, as well as the accident liability determination issued by the traffic police, and compensate for the property loss of the compulsory traffic insurance.
Legal basis: Insurance Law of the People's Republic of China
Article 5 The parties to insurance activities shall follow the principle of good faith in exercising their rights and performing their obligations.
Article 10 The insurance contract is an agreement between the policyholder and the insurer to agree on the relationship of insurance rights and obligations. The policyholder refers to the person who has entered into an insurance contract with the first insurer and has the obligation to pay the insurance premium in accordance with the contract. An insurer refers to an insurance company that enters into an insurance contract with the policyholder and bears the responsibility of compensation or payment of insurance money in accordance with the contract.
It can be resolved entirely through the path of litigation. First of all, you have the right to apply for preservation of the other party's vehicle. As for the damage to your car, it is completely possible to determine the damage through the price department, and the transportation expenses you pay for vehicle maintenance, keep the invoice, and the court will also make a judgment at its discretion. >>>More
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It is possible to file a lawsuit in court. The first instance of the small claims lawsuit was concluded. It's also fast.
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