About traffic accident compensation and insurance under the new traffic law

Updated on society 2024-05-03
5 answers
  1. Anonymous users2024-02-08

    1. Both can be sued, it is recommended to sue the car side (the car side has insurance, and it is convenient to pay compensation) 2, you can do a work-related injury appraisal that is, disability assessment, which can get considerable compensation. Lost time pay and nursing care expenses can be covered by the insurance company. Among them, the salary certificate and tax payment certificate must be provided for lost time pay.

    3. There is no regulation on the length of hospitalization. You can first ask the insurance company for an advance payment. The driver's statement is not correct, because the cost of hospitalization is higher than the cost of insurance reimbursement (insurance has many exclusions and medicines), and you can be prepared to sue the driver for the accident with the insurance company.

    4. If the driver who caused the accident does not cooperate, the three parties (that is, your mother) can ask the insurance company to directly compensate within the scope of compulsory traffic insurance, that is, they can get up to 110,000 yuan in compensation.

    5. Generally, it is best to prepare with both hands in advance.

    6. Notify the driver and his insurance company that the mobile phone is lost in the event of a collision, and it is generally compensated.

  2. Anonymous users2024-02-07

    1. Both can be sued, but you have to choose one of the two.

    2. There is no compensation for losses in the problem. Lost work, etc., the insurance company will compensate you.

    3. No. 4. No, it is determined according to the specific loss. The specific losses can be calculated.

    5. No.

  3. Anonymous users2024-02-06

    These expenses must be asked for by the car driver, and the rickshaw is not responsible, and even if they are responsible, it is not easy to ask for it, because they don't have much money themselves, and even if they are sentenced to pay some money, they can't afford it!

  4. Anonymous users2024-02-05

    Hospitalization first, and settlement after discharge.

  5. Anonymous users2024-02-04

    Article 21 of the Regulations on Compulsory Traffic Insurance of Motor Vehicles of the Insured Motor Vehicle causes personal and property losses to the victims other than the vehicle personnel and the insured in the event of a road traffic accident, and the insurance company shall compensate within the limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law.

    If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.

    Article 22 In any of the following circumstances, the insurance company shall pay the rescue expenses in advance within the limits of the compulsory insurance liability for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim

    1) The driver has not obtained driving qualifications or is intoxicated;

    2) The accident is caused during the theft and robbery of the insured motor vehicle;

    3) The insured intentionally causes a road traffic accident.

    In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.

    1. What is the scope of compensation for traffic accidents?

    Article 8 of the Compulsory Insurance Clause for Motor Vehicle Traffic Accident Liability stipulates that in the territory of the People's Republic of China (excluding Hong Kong, Macao and Taiwan), if the insured suffers a traffic accident during the use of the insured motor vehicle, resulting in personal or property losses to the victim, the insurer shall be liable for the damages borne by the insured in accordance with the law, and the insurer shall be responsible for compensation within the following compensation limits for each accident in accordance with the provisions of the compulsory traffic insurance contract:

    1. The compensation limit for death and disability is 110,000 yuan;

    2. The compensation limit for medical expenses is 10,000 yuan;

    3. The compensation limit for property damage is 2,000 yuan;

    4. When the insured is not liable, the compensation limit for death and disability without liability is 11,000 yuan; The compensation limit for non-liability medical expenses is 1,000 yuan; The compensation limit for non-liability property damage is 100 yuan.

    Under the limit of compensation for death and disability and the limit of compensation for death and disability without liability, it is responsible for compensation for funeral expenses, death compensation, transportation expenses incurred by the victim's relatives for funeral matters, disability compensation, disability assistive device expenses, nursing expenses, ** expenses, transportation expenses, living expenses of dependents, accommodation expenses, lost work expenses, and solatium for mental damage borne by the insured in accordance with the court judgment or mediation.

    2. Basis for compensation standards for traffic accidents.

    After the loss caused by a traffic accident, the most concerned issue is the question of who to claim compensation and how much the loss is. Article 76 of the Traffic Safety and Blindness Law stipulates the principle of strict liability in the event of a traffic accident between a motor vehicle and a pedestrian or a non-motor vehicle driver, so as to reflect the protection of vulnerable traffic groups. There is a big difference from the no-fault principle of the past (indemnity 10).

    In general, the motor vehicle party bears civil liability. No civil liability unless it is proved that the damage was intentionally caused by the victim; Where there is evidence proving that the driver or pedestrian of a non-motor vehicle is at fault, and the driver of the motor vehicle has already taken necessary measures to deal with it, responsibility may be reduced. The part of mitigation of liability is between 10 and 50, which is not stipulated in the law and regulations, and it is proposed that the Supreme People's Court shall clearly stipulate it in the relevant judicial interpretation on compensation for traffic accident damages.

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