How to claim for this traffic accident How to claim for a traffic accident

According to the regulations on the handling of road traffic accidents, the person responsible for the traffic accident shall bear the corresponding liability for damages in accordance with the traffic accident responsibility. In addition, an injury appraisal should be applied for in a medical institution, and the ** certificate issued by the hospital is the basis for the other party to compensate.

The scope of damages includes: medical expenses, lost work expenses, hospital meal allowances, nursing expenses, transportation expenses, accommodation expenses, and direct property losses. If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the event of death, there shall also be death compensation, living expenses of dependents, etc., and each compensation item shall be determined according to the actual situation, and the expenses shall be settled in a lump sum.

The criteria for the various compensation costs are:

1. Medical expenses: paid according to the hospital's necessary expenses for the party's traffic accident trauma, and if it is really necessary to continue after the case is concluded, it will be paid according to the necessary expenses.

2. If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to the loss of work;

3. Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state agency where the traffic accident occurred.

4. Nursing expenses: If the injured person has income during hospitalization, it shall be calculated according to the provisions of the compensation for lost work, and if there is no income, it shall be calculated according to the average living expenses of the place where the traffic accident occurred.

5. Disability compensation: According to the level of disability and calculated according to the per capita disposable income of the place where the traffic accident occurred, the compensation shall be 20 years from the date of disability, but if the person is over 60 years old, the age shall be reduced by one year for each additional year. Those over the age of 75 shall be counted as five years.

6. The living expenses of the dependents shall be limited to the persons who were actually supported by the deceased before his death or before the disabled person lost the ability to work, and shall be calculated according to the standard of subsidy for the living difficulties of residents in the place where the traffic accident occurred, and shall be raised to the age of 18 for those under the age of 18 and for those who are unable to work for 20 years, but the age of 60 or more shall be reduced by one year for each additional year, and for those over 75 years old, it shall be calculated as five years.

7. Transportation expenses: Calculated vouchers according to the actual necessary expenses of the parties.

8. Accommodation fee: Voucher shall be paid according to the standard of accommodation expenses for general staff of state organs in the place where the traffic accident occurred.

The transportation expenses, lost work expenses, and accommodation expenses required by the relatives of the parties participating in the handling of traffic accidents shall be calculated in accordance with the above provisions, but shall not exceed three people.

Vehicles, items, facilities, etc. damaged due to traffic accidents shall be repaired, and compensation shall be made at a discount if they cannot be repaired.

After your relative's condition is stabilized, you can carry out a disability assessment according to the GB18667-2002 "Disability Assessment of Persons Injured in Road Traffic Accidents".

You need to collect evidence to clarify who the driver of the car was at the time, who should bear the legal responsibility, and the actual owner should be liable for compensation. After being discharged from the hospital, a disability appraisal will be conducted to calculate the amount of compensation.

Now, all signs are beneficial to your friends, and the lawsuit will definitely be won, and the key to the problem is how much to pay and some follow-up questions This kind of thing is best to go through the court, so that many follow-up problems can be easily solved But if the other party objects to the accident through the court, the result may not be in favor of your friend So deal with it in a measured way However, it is recommended not to be private Hangzhou Minhe Law Firm.

<> "How to Claim for Traffic Accidents.

1. After reporting a traffic accident, the scene should be properly protected, and reported to the insurance company in a timely manner, and the road accident should also be reported to the traffic department for processing.

2. In the case of accidents, at the same time, estimate the reasonable cost of vehicle damage assessment, and notify the owner to go to the repair shop designated by the insurance company to deal with the accident vehicle. If the owner of the car requires self-repair, he should go through the self-repair procedures, and if the repair fee exceeds the cost of the cracked cover, the owner will pay the excess.

3. Compensation for all losses stipulated in the regulations.

1. After the total loss of the insured vehicle.

2. After the total loss of the insured vehicle, if the insured amount is higher than the actual value at the time of the accident, the compensation will be made according to the actual basic value at the time of the accident.

4. If the insured vehicle suffers partial losses as stipulated in the compensation provisions, and the insured amount reaches the actual value at the time of underwriting, regardless of whether the insured amount is lower than the actual value of the insurance, part of the loss shall be compensated according to the actual repair costs.

Legal analysis: 1. Medical expenses Medical expenses compensation amount = diagnosis and treatment expenses + medical expenses + hospitalization fees + other expenses.

2. Disability compensation.

3. Death compensation.

4. Living expenses of dependents.

5. Lost work pay.

6. Hospitalization meal allowance and nutrition expenses.

7. Nursing fees, etc.

Legal basis: Article 70 of the Road Traffic Safety Law of the People's Republic of China Article 4 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request the traffic management department of the public security organ to mediate, or they may 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.

1. As the injured party, do not deliberately pursue the criminal responsibility of the other party, the other party is negligent and not intentionally injured, so do not intensify the conflict and cause your party to receive less compensation. What you have to do now is to recover your sister's death compensation, alimony, funeral expenses, and child support; Your brother-in-law's medical expenses, disability allowance, mental damage, lost work expenses, nutrition expenses, transportation expenses, alimony, and child support.

2, the traffic police said that the farmer does not have alimony is putting p, you can ask his parents if they need alimony? Alimony is calculated up to the age of 70 and is based on your sister's equal share of siblings.

Have you written down the owner's license plate number? If you remember, it's easy to do, you can sue directly, it should be in a civil case. You can sue at the place where the accident occurred.

The driver will be mainly responsible for the above and will be investigated for criminal responsibility.

Civil compensation: death compensation, funeral expenses, moral damages, living expenses of dependents, transportation expenses.

In addition, your brother-in-law depends on the specific situation.

You can go to a lawyer's office and ask if it's better, but if it's possible.