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It is recommended that a judicial appraisal be conducted on the extent of the damage, and the time limit for claiming compensation for personal injury is one year from the date on which the damage is determined. Whether it has expired or not depends on the time when the damage is determined, whether the accident can be compensated with the insurance company, and whether the injured person is insured and the contract. If it is a rural or urban resident medical insurance, it is not possible to pay double compensation for the person responsible for the accident and the rural and urban medical insurance.
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If the person concerned did not report to the police in time when a traffic accident occurred, and there is no evidence to explain who was responsible, I think it is unrealistic to ask the person responsible for the accident to pay compensation only now.
According to the company's insurance, it also depends on what kind of insurance the company buys, social insurance or accident insurance?
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Here's the question: How do you prove that a cracked bone was caused by a traffic accident? If you can't prove causation, it's useless to say anything, and the insurance company will definitely not recognize it.
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1. The statute of limitations for traffic accidents is one year from the date of the accident.
2. If the parties to the traffic accident submit a written application for mediation to the public security organ within 10 days after receiving the traffic accident certificate, and the mediation fails to reach an agreement, the public security organ shall prepare a mediation conclusion document and serve it on the parties, and the statute of limitations shall be calculated from the date on which the parties receive the mediation conclusion letter; Where no agreement is reached through mediation, and the public security organs do not draft a written conclusion of mediation, the statute of limitations is calculated from the date on which the mediation fails; If an agreement is reached through mediation, but the parties do not perform, it shall be counted from the date of expiration of the time limit for performance specified in the mediation document.
3. The statute of limitations may be suspended, interrupted or extended.
Indemnity items. 1. Medical expenses.
2. Hospitalization meal subsidy.
3. Lost time pay.
4. Nursing fees.
5. Transportation expenses.
6. Accommodation fees.
7. Nutrition expenses.
8. Fees for disability assistive devices.
9. Disability compensation.
10. Living expenses of dependents.
11. Death compensation.
12. Funeral expenses.
13. Solatium for moral damage (if a crime is constituted, this item is not included).
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Theoretically, it is possible to deduce the specific time of bone cracking from the growth of bones, which is a matter of forensic identification.
But wasn't the foot scanned at the time? How can it take 1 year to find out if there is a bone crack, this is the main problem.
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How long it takes to get compensation for traffic accidents is determined by the negotiation progress between the two parties who hold the sedan chair, and the court awards compensation within six months. China's law stipulates that a case tried by a people's court applying ordinary procedures shall be concluded within six months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
Article 149 of the Civil Procedure Law.
Article 27 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability Article 27 If the insured or victim notifies the insurance company of a road traffic accident involving the insured motor vehicle, the insurance company shall immediately give a reply and inform the insured or the victim of the specific compensation procedures and other relevant matters. Article 29 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability The insurance company shall, within 5 days from the date of receipt of the certificate and materials provided by the insured, verify whether it is an insurance liability and notify the insured of the result; If it does not belong to the insurance liability, the reasons shall be explained in writing; For those who are liable for insurance, the insurance money shall be compensated within 10 days after reaching an agreement with the insured to compensate the insurance money.
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Answer: Traffic accidents for more than two years can still be claimed. Compensation for damages in traffic accidents is a civil dispute, and the statute of limitations for civil action is applicable, which is three years for general civil litigation, starting from the date on which the parties know that their rights have been infringed. If the victim asserts rights against the infringer, the statute of limitations runs from the date of the last assertion of rights.
Legal basis: Article 180 of the Civil Code of the People's Republic of China, the statute of limitations for requesting protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions. 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.
Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the right was infringed, the people's court shall not grant protection, and if there are special circumstances, the people's court may decide to extend the mold ruler on the basis of the application of the right holder.
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The basis of the traffic accident claim is personal injury compensation, and the statute of limitations for personal injury compensation is three years, so if it exceeds two years, it is still within the limitation period, so you can claim compensation from the court. As for the question of whether you can still make a claim for a traffic accident for more than two years, I will answer it for you in detail below.
1. Can I still make a claim for a traffic accident that lasts more than two years?
1. Claims can be settled, and the basis of traffic accident claims is personal injury compensation, and the statute of limitations for personal injury compensation is three years, so if it exceeds two years, it is still within the limitation period, so you can claim compensation from the court.
2. Legal basis:
Article 188 of the Civil Code of the People's Republic of China.
The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been infringed and that the right holder has been harmed.
Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights of Shanxiqiao were infringed, the people's court shall not protect them, and if there are special circumstances, the people's court may decide to extend it according to the application of the right holder.
2. Can I still apply for compulsory enforcement if I haven't paid alimony for more than two years?
1. Enforcement can only be enforced if the other party has money or property, and the other party has no property, how can you get your money back.
2. The court has the right to take enforcement measures, and if the person subject to enforcement fails to perform the obligations determined in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, **shares, etc. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.
When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
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Legal analysis: Traffic accidents for more than two years can be claimed, because the statute of limitations stipulated in China's Civil Code is three years.
Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, the stool shall be in accordance with its provisions. Article 194:Where, within the last six months of the statute of limitations, the lawsuit is unable to exercise the right to make a claim due to the following obstacles, the statute of limitations is suspended:
a) Force majeure;
2) Persons with no or limited capacity for civil conduct do not have a legally-prescribed person, or a legally-prescribed person dies, loses civil capacity, or loses rights;
3) The heir or estate administrator has not been determined after the commencement of the inheritance;
4) The right holder is controlled by the obligor or other person;
5) Other obstacles that make it impossible for the right holder to exercise the right to make a claim.
Six months have elapsed since the date on which the cause of the suspension of the statute of limitations has been removed, and the statute of limitations for the socks has expired.
After a traffic accident, if the other party asks for privacy and you agree, it will be difficult to continue with the insurance after that. Because of a traffic accident, if you want to take insurance, you must meet one condition, that is, you must have an accident certificate issued by the traffic police. If the two of you are private, it proves that the traffic police did not deal with it, and at this time, there is no accident certificate issued by the traffic police, and the insurance company will naturally not give you insurance. >>>More
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