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The first is to see how the traffic police's accident sheet is written.
Second, whether you are helping a friend for free, and your friend is receiving your help, and if so, your friend is going to pay compensation.
But if you're going to help your friend for free, and your friend refuses, you're still going to help, and if something happens, your friend isn't responsible.
The third is that you help your friend for free, and your friend accepts it, but if you have gross negligence, you also have to be jointly and severally liable.
Hope it helps.
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Article 9 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 an employee causes injury in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.
"Referred to in the preceding paragraph"."Engage in employment activities"refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be"Engage in employment activities"。
According to the law, the owner of the vehicle is liable for compensation. If the driver causes damage to others intentionally or through gross negligence, he shall be jointly and severally liable with the owner of the vehicle for compensation.
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Legally speaking, the driver pays the compensation, and the owner bears joint and several liability.
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If your car hits someone else's, you can ask for lost work pay. However, only for personal injuries caused by the inability to perform normal work due to a car accident, the compensation obligor can be requested to compensate for the corresponding lost work expenses, otherwise the claim for lost time pay will not be supported.
[Legal basis].
Article 7 of the Interpretation of the High People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Personal Injury Compensation and Repentance is to be determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.
If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.
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