Traffic accidents ask for help, it is best to help people who have experienced people, how to compen

Yes, if the truck is insured, the insurance company is basically solely responsible for the compensation, and the truck driver will not pay the compensation.

After they have done the disability assessment, they will pay the relevant compensation according to the level of disability. If you know someone, or a doctor or something, it's best to do a disability assessment, because you can't rely on the insurance company. At the very least, you need to know a little bit.

Don't be fooled by the insurance company's people, because they are the most ruthless. They don't care how serious you are, they just want this standard and that standard.

This is very simple, and the specific compensation figure can be calculated when the disability is identified, although the person is a rural hukou, as long as he has lived in Jinan for more than one year, it will be calculated according to the urban hukou, and you can come to my office for face-to-face consultation.

Zongheng Legal Network-Shandong Hengyue Law Firm-Yu Jialiang lawyer.

Legal Analysis] According to the respective fault sharing responsibility of both parties, the compensation shall be negotiated by both parties, and if no agreement can be reached, a lawsuit can be filed with the court, and the court will determine the specific amount of compensation. If an employee causes damage to another person 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 seek compensation from the employee.

If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

Legal basis] Civil Code of the People's Republic of China Article 1191 If the staff of an employer causes damage to others due to the performance of their work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently. During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

Summary. In this case, the person being helped is generally responsible for himself, unless you have major fault or intentional, and if you are intentional, you will definitely not be able to escape responsibility.

When someone else is called to help with something, how to share the responsibility and how to compensate for an accident.

Hello, it's a pleasure to serve you! I am lawyer Sun Wei, a professional answerer, with about ten years of legal practice, especially good at marriage and family, labor relations, private lending, contract disputes, administrative litigation, corporate business, criminal defense and other legal services! I have seen your question silver file, and I am sorting out the reply for you, please wait for a while, so that I can better answer you in a hurry, thank you!

Hello, glad to answer your questions!!

Hello, please describe what happened.

I have a small excavator, and I had an accident when I was helping my fellow villagers to cut down fallen apple trees, and the trees fell from the car and hit people, and now the fellow villagers are hospitalized! I need to do the opening of the skull hand Wu Qi technique, I want to ask what I can do now, do I need to report the case? If I can't afford to pay for other people's medical expenses, I need to bear those legal responsibilities.

You give someone a free favor.

Yes. Did it hurt anyone else?

It was the main family who was injured.

Article 13 If a helper who provides labor services for others free of charge causes damage to his or her limbs in the activities of helper in Hunger Rock, the helper shall be liable for compensation for the potatoes. Where the assisted worker explicitly refuses to help, he shall not be liable for compensation. Where there is intentional or gross negligence on the part of the helper, and the person with the right to compensation requests that the helper and the assisted worker bear joint and several liability, the people's court shall support it.

You helped her and hurt her.

Help for free. Yes, I don't even know when he appeared in my blind spot.

In this case, the person being helped is generally responsible for himself, unless you have major fault or intentional, and if you are intentional, you will definitely not be able to escape responsibility.

In the case of gross negligence, we may be liable for a portion of it.

Whether there is gross negligence, we are not sure, if there is a dispute for the other party to sue, the other party will come up with evidence and let the court judge.

It certainly wasn't intentional, and I didn't even know when he showed up at the time.

So you have a dispute about this, and it can only be resolved by suing the other party.

Do I need to report a crime?

The other party is injured and the other party should report the incident.

Reporting the case will not solve your problem, but you can record the situation and it may be used as evidence in the future.

Article 35 of the Tort Liability Law: Where a labor relationship is formed between individuals, and the party providing the labor services causes damage to others due to the labor services, the party receiving the labor services shall bear the tort liability. If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties.

Article 14 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries Article 14: Where a helper suffers personal injury as a result of his or her helper's activities, the aided worker shall bear the responsibility for compensation. Where the assisted worker explicitly refuses to help, he shall not be liable for compensation. However, appropriate compensation may be provided within the scope of benefits.

See what kind of situation your father falls into?

In this case the owner of the house should be compensated, and the standard can be in accordance with the accidental injury. The expenses mainly include: medical expenses, nutrition expenses, lost work expenses, nutrition expenses, nursing expenses, etc., if the disability level is enough, it should be compensated according to the standard.

Find him to compensate until it is completely **.

Traffic accident disputes are settled as follows:

1. Protect the accident scene, rescue the injured, and report the case quickly.

2. Damage assessment and repair;

3. Submit the claim documents (traffic accident liability determination letter, mediation letter, judgment and repair invoice, medical expense invoice, medical record, lost time expense certificate, ID card, driving license, driver's license) and receive insurance compensation.

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 liability limit of the compulsory insurance for motor vehicle traffic accident liability in accordance with the law. The loss of the branch bench in a road traffic accident is intentionally caused by the victim and the insurance company will not compensate for it.

After a traffic accident occurs, the injured party can take the initiative to protect its legitimate rights and interests, and the role of the public security department and the traffic police is only to collect evidence in a timely manner and make professional determinations, and the traffic management department is not the organ that handles the compensation dispute, and the issue of compensation is resolved by the court. Therefore, the victim should promptly ensure the realization of the right to compensation through litigation, and preservation measures may be taken through litigation. Traffic accident lawsuits are valid for three years.

The limitation period for tort liability disputes arising from traffic accidents is three years, and the limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them. Traffic accidents such as Huai refer to the personal injury or property damage caused by the fault or accident of the vehicle on the road, including motor vehicles and non-motor vehicles.

However, not all personal or property damage caused by vehicles can be called traffic accidents, and must occur on highways, urban roads and places where social motor vehicles are allowed to pass although they are within the jurisdiction of the single standby throne, such as squares, public parking lots and other places used for public traffic.

Legal basisArticle 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

Regulations on Procedures for Handling Road Traffic Accidents

Article 60 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (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 the 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 is not liable.

Article 58 Within five days from the date of determination of the inspection report and appraisal opinion, the traffic management department of the public security organ shall notify the party concerned to collect the detained accident vehicle.

The expenses incurred due to the detention of the vehicle shall be borne by the traffic management department of the public security organ that made the decision, but the traffic management department of the public security organ shall notify the party concerned to collect it, and the parking fee incurred by the party shall bear it within the time limit.

If the vehicle is not collected after 30 days of notification to the parties, and it is still not collected within three months after the announcement, the impounded vehicle shall be dealt with in accordance with law.