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Whether motorcycles are a vulnerable group is not the key to this case. Not discussed here.
The point is that the judgment of the traffic police is not wrong. Here's why:
The motorcycle is solely responsible, you are not responsible. Then the compulsory insurance of the country where your vehicle is insured plays a key role in compensation. In the medical expenses after the motorcycle driver is injured, the list of medical expenses should first be handed over to the insurance company, so that the insurance company can review and see how much compensation can be obtained from the compensation limit of 1,000 yuan of the compulsory traffic insurance, and this amount can be compensated to the motorcycle.
Don't advance money yourself! Because in the case that you are not responsible, you can still compensate the other party for medical expenses up to 1,000 yuan.
In addition, the motorcycle driver's lost time expenses can also be compensated, not by you, but by the insurance company where you have taken out compulsory traffic insurance. The limit is $10,000. As long as the reasonable expenses within 10,000 yuan, as long as the insurance company agrees, you can get compensation.
In addition to lost time pay, there are nursing expenses, disability expenses, death expenses, and so on.
As for your compensation.
You can claim compensation for the repair costs, lost time expenses and other losses of your vehicle, after all, the other party is fully responsible. As for whether the other party's insurance company will compensate you, this has nothing to do with you, you just have to ask the motorcycle driver for it. For the rest of his own claims, you only need to give some materials to the other party to claim for.
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The responsibility of the traffic police is now only responsible for accident investigation and responsibility determination, as well as mediation in the case of both parties' voluntariness, and they are not satisfied with the mediation. You don't have to sign the agreement. It turns out that you are not responsible for the full responsibility, the vulnerable groups are interpreted in the road traffic safety law, which refers to non-motor vehicles and pedestrians, motor vehicles have the obligation to avoid, even if the other party violates the rules, your normal driving is your main responsibility, you are not injured and do not ask for other excessive costs, that is, repair costs.
The value is generally assessed by the local price department, and the transportation fee can be supported by the court, but it is generally capped at 200-500.
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How can motorcycles be considered vulnerable groups of motor vehicles, and the traffic police have ruled that motorcycles are fully responsible, so they should not give the motorcycle driver medical expenses, and I also ask for compensation for my repair costs. In addition to the repair cost, you have to have no other proof of loss, and other expenses are not easy to ask.
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Summary. Hello, if there is a dispute between a car and a motorcycle traffic accident, you can report it to the traffic police for processing. The procedure is as follows:
1. Accept and report the case. After receiving the report of the party or other person, the public security traffic management department shall file the case in accordance with the scope of jurisdiction. 2. On-site processing.
After accepting the case, personnel were immediately dispatched to the scene to rescue the injured and property, investigate the scene, and collect evidence. 3. Determination of responsibility. According to the causal relationship between the violation of the accident and the traffic accident, the role of the party, etc., the responsibility of the party in the traffic accident shall be determined.
4. Adjudication and punishment. The person responsible for the accident shall be given a warning, fined, suspended, revocation of driver's license or detention. 5. Mediation of damages.
According to the corresponding compensation ratio of the accident responsibility, the public security traffic management department shall convene the parties to mediate.
Hello, according to your description, motor vehicles and motorcycles should be the first time after the accident, the traffic police department will issue an accident responsibility determination according to the situation at the accident scene, with the traffic police department's accident responsibility determination, the two parties can negotiate compensation according to the responsibility of the liability determination.
Hello, if you can't negotiate, you can also file a lawsuit with the court, and the court will make a judgment to resolve the traffic accident between the two parties.
Hello, if there is a dispute between a car and a motorcycle traffic accident, you can report it to the traffic police for processing. The handling procedures are as follows: 1. Accept the report.
After receiving the report of the party or other person, the public security traffic management department shall file the case in accordance with the scope of jurisdiction. 2. On-site processing. After accepting the case, personnel were immediately dispatched to the scene to rescue the injured and property, investigate the scene, and collect evidence.
3. Determination of responsibility. According to the causal relationship between the violation of the accident and the traffic accident, the role of the party, etc., the responsibility of the party in the traffic accident shall be determined. 4. Adjudication and punishment.
The person responsible for the accident shall be given a warning, fined, suspended, revocation of driver's license or detention. 5. Mediation of damages. According to the corresponding compensation ratio of the accident responsibility, the public security traffic management department shall convene the parties to mediate.
Hello, can you type your question, I don't understand your dialect, or you can speak Mandarin and speak slowly.
Hello, traffic accidents are based on the fault of both parties on the road to determine the responsibility, to issue a traffic accident liability certificate.
Hello, with the traffic accident certificate, you can compensate according to the responsibilities of both parties.
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At present, motorcycles are also motor vehicles, and driving motorcycles also requires a driver's license. The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault. 1. If a road traffic accident is caused by the fault of one party, it shall bear full responsibility; 2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne 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, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
Legal basis. Article 60 of the Provisions of the People's Republic of China on the Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the parties' actions in the occurrence of road traffic accidents and the severity of their faults. (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.
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At present, motorcycles are also motor vehicles, driving motorcycles also need to have a driver's license, the traffic management department of the public security organs should be based on the party's behavior on the road traffic accident and the severity of the fault, determine the responsibility of the party, due to the fault of one party caused by the road traffic accident, bear full responsibility, etc.
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1. The attribution of responsibility for traffic accidents between cars and motorcycles depends on the situation, because cars and motorcycles are motor vehicles, so they are equal in the division of responsibility! 2. The traffic rules for determining the responsibility for traffic accidents are as follows: if the traffic accident is caused by the fault of one party, the full responsibility shall be borne; If the party escapes, the suspicion causes the scene to change, the evidence of the car collapse is lost, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped and travels bears full responsibility; Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility; If a traffic accident occurs due to the fault of one or more parties, they shall bear the primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, none of the parties is liable; If one party intentionally causes a traffic accident, the other party is not liable.
The traffic management department of the public security organ shall make a traffic accident certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inquest and inspection of the scene. In the case of a traffic hit-and-run, a traffic accident certificate shall be drafted within 10 days after the traffic hit-and-run person and vehicle are seized. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be drafted within five days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed.
If the person involved in the traffic hit-and-run accident and the vehicle are not seized, Traffic Accident Damage Compensation If the party concerned requests to issue a traffic accident identification document, the traffic management department of the public security organ may make a traffic accident identification document within 10 days after receiving the written application of the party to the traffic accident damage compensation.
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When encountering this kind of peace talks, it is best to be able to negotiate peace. In case of entanglement, I have the following opinions.
First, the doctor said that there is no big problem, so there is no need to be afraid. You don't have to tune in to the video. The traffic police will investigate those things. As for the responsibility, it should be you, and it is you who will bring down others.
2. Medical expenses are divided on a pro-rata basis.
3. If you think that this person is entangled, there is no need to go to selfishness, which will increase his ambition. Tell him to take the legal route and train as much as he wants, and he will lose his temper. In this way, you don't have to let yourself be slaughtered by others, and the legal judgment will be at ease and comfortable.
The law is still valid in general.
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There is no proportion of compensation in the compulsory traffic insurance, as long as it is not no liability, the medical expenses within 1w can be compensated by the compulsory traffic insurance (the insurance company can pay in advance).
If you feel that the accident is not big and you don't want to dwell on it for too long, you should take full responsibility and bear the loss by your insurance company, otherwise after determining the primary and secondary liability, the loss of your vehicle and medical expenses will exceed the compensation limit of the compulsory traffic insurance, and you will have to pay proportionally in the commercial insurance.
You can ask the insurance company indirectly.
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1.The camera is a must-see. But it didn't work very well.
2.Don't care about money, care about responsibility. Whether you were driving illegally at the time and whether he was illegal is the key.
3.As long as both parties sign a traffic liability certificate, then the matter is over.
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Didn't call the police at the time? If not, you can only keep it private.
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In the case of traffic accidents involving cars and motorcycles, the police shall be reported in a timely manner in the event of a traffic accident. The traffic police shall, on the basis of the evidence fixed at the scene and the accounts of the parties and witnesses, and on the basis of the role played by the parties' actions in the occurrence of the road traffic accident and the severity of the fault, determine the responsibility of the parties, and make a road traffic accident identification document, which shall be signed by the parties.
First of all, do you have a license plate for this motorcycle? If the motorcycle has a license, then let the traffic police see whose responsibility is for the traffic accident, let the traffic police open a traffic accident responsibility letter, if the responsibility is the other party, then the landlord should be nothing serious, if the responsibility is the landlord, then the landlord you can only lose money! And now that the new traffic regulations have also come out, those who drive motor vehicles without a license can stay for 15 days once they are discovered. >>>More
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