How to make a claim for a traffic accident? How to make a claim for a traffic accident

Category B deductible. The out-of-pocket ratio for Class B drugs may vary from region to region. There will be a regulatory document that specifies the out-of-pocket ratio.

Under normal circumstances, it should not be like what you said, 5w can only be lost to 2w. Joints are imported. It can only be compensated according to the domestic **.

You can compare it. If you go to evaluate the disabled. Disability compensation is calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents for 20 years from the date of determination of disability, and for those who are 76 years old and over 75 years old, it is calculated on the basis of five years.

So her disability compensation won't be very high. It can be compensated within the compulsory traffic insurance. There is a limit of 11w for death and disability in compulsory traffic insurance.

It should be noted that the 76-year-old lady has no lost time pay. She has retired because of the retirement age set by the state. If it does not cause a loss of income, you should not pay for lost work.

The best thing to say is for the other party to sue you and your insurance company directly. If there are nutrition expenses, disability assessment fees, and mental loss expenses in the compensation items, if possible, the other party will be required to bear the compensation in the compulsory traffic insurance. Otherwise, you won't be able to cover these expenses in commercial insurance.

The difference between medical expenses and compensation expenses is huge, seriously deviating from the compensation requirements, and insurance companies often deduct a lot of non-social insurance medical expenses due to the constraints of terms and internal regulations, but they will not produce such a large deviation. Generally speaking, insurance companies can compensate for about 70% of medical expenses, and when medical equipment is imported, it is often compensated with reference to the domestic applicable type, but it should not be so bad. Suggest a complaint or lawsuit.

The issue of disability assessment is not easy to discuss. Because after such an operation, there should no longer be a disability factor, but if the disability is assessed too early, it may still be rated 9-10. Therefore, it is recommended that the other party directly sue and claim to the insurance company, and whether the insurance company recognizes it or not has nothing to do with you.

Other expenses, that is, nursing expenses, food subsidies, transportation expenses, etc., are mostly within the scope of the insurance company's compulsory insurance compensation, as long as the lawsuit, the insurance company will respond to the lawsuit and determine whether to compensate, you only pay attention to the medical expenses.

To do a judicial appraisal, you can evaluate a level 10 disability, and if you want to pay more, you can sue, which is the most direct and effective way.

Legal Analysis: China's Road Traffic Safety Law has made clear provisions on the compensation process after traffic accidents. In general, after a traffic accident, the person concerned usually has to call the police first and call the insurance company.

Then the traffic police and the insurance company surveyed the scene and determined the responsibility, and then showed the claim plan. After the traffic police issue the road traffic certificate, the two parties can negotiate the settlement.

Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China The traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall state the basic facts of the traffic accident, the causes, and the responsibilities of the parties, and serve them on the parties.

How to make a claim for a traffic accident: When you are driving in a traffic accident, you must immediately report to the traffic management department of the public security department where the accident occurred, and notify the insurer within 48 hours, otherwise the insurance company can refuse to pay. After the vehicle is involved in a traffic accident, the policyholder should report to the insurance company as soon as possible, either or directly.

The insurance company should take the initiative to go to the scene of the accident to conduct an inquest and assess the damage of the accident vehicle. After the traffic police arrive at the scene of the accident, they must first rescue the injured and then conduct an inquest and inspection of the accident scene. For traffic accidents that do not escape, and do not need to be inspected and appraised, the public security traffic management department shall make a traffic accident responsibility determination within 10 days, and if inspection and appraisal are required, inspection and appraisal shall be carried out within 5 days, and then make a determination.

Three. When the policyholder goes to the insurance company to handle the claim procedures, he should bring the driving license, the insurance contract and the accident liability certificate and other relevant documents. The insurance company should assess the damage to the vehicle within 48 hours, and the policyholder cannot repair the vehicle until the vehicle has been assessed.

The insurance company should issue a damage assessment list for the vehicle, specifying the cost and man-hours of replacing the parts and repairing the vehicle. 4. If there is no dispute about the above list, the policyholder shall sign and take effect, which shall be used as the basis for the insurance company's claim. If there is a dispute, the signature can be refused.

In the event that the policyholder does not dispute the damage assessment list, the policyholder can repair the vehicle and make a claim according to the following procedures. 1.The policyholder will hand over the invoice, detailed list, damage assessment form, driving license, and insurance contract of the repair shop to the insurance company.

2.After reaching an agreement with the insurance company, the insurance company should pay the insurance compensation within ten days. If the insurance company considers that the materials provided by the policyholder are incomplete, it shall pay the minimum identifiable amount in advance within two months.

3.Receive a claim notice and receive the insurance money. 4.

If the insurance company refuses to issue a claim notice within two months and does not pay compensation within two months, the policyholder can also file a civil lawsuit with the people's court where the insurance company is located or where the vehicle is registered. 5.After receiving the evidence materials from the policyholder about the insured accident, the insurance company shall issue a list of evidence to the policyholder and sign and seal it.

The insurance company issues a notice of refusal of claim. 7.The policyholder may file a civil lawsuit with the people's court where the insurance company is located or where the vehicle is registered.

If a traffic accident unfortunately occurs, you must report the accident and notify the insurance company in time, otherwise the insurance company can use this as an excuse to refuse compensation. At the same time, it is also necessary to prepare relevant materials when making an insurance claim.

1. The insured reports to the insurance company. Usually, after a traffic accident, the owner (insured) should report the accident to the local traffic management department, and also report the accident to the insurance company within 48 hours after the accident.

2. The insurance company conducts accident scene investigation and inspection.

3. Wait for the insurance company's loss assessment.

4. Submit claim materials.

5. The insurance company calculates and reviews the amount of compensation.

6. Receive insurance money.

After the implementation of compulsory insurance for motor vehicle traffic accident liability, the insurance company shall compensate within the liability limit for the personal and property losses of the victims other than the vehicle personnel and the insured caused by the road traffic accident of the insured motor vehicle.

Legal basisInterpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 20 Where the person obligated to compensate for disability requests to be paid disability compensation or assistive device fees in the form of regular payments, he or she shall provide the corresponding guarantee with the conglomerate liquid. The people's court may determine the payment of relevant expenses in the form of a fixed payment based on the ability of the person obligated to pay the defense and the circumstances of providing security. However, expenses incurred before the conclusion of the first-instance court's debate, compensation for death, and solatium for moral damages shall be paid in a lump sum.

Article 21: The people's courts shall clarify in the legal documents the time and method of payment of fixed payments, as well as the standards for payment of each period. Where there is a change in the relevant statistical data during the enforcement period, the amount of the payment shall be adjusted accordingly in a timely manner.

The fixed payment shall be paid according to the actual life period of the person entitled to compensation, and shall not be subject to the limitation of the compensation period in this interpretation.

Traffic accident compensation items generally include medical expenses, support meal allowances, lost work expenses, nursing expenses, transportation expenses, etc., and property damage. In the event of disability, after the disability rating is assessed, the disability compensation will be calculated according to the disability level, the living expenses of the dependents, and the mental injury solatium. In the event of death, it shall also include death compensation, funeral expenses, solatium for mental damages, and so forth.

2. Compensation standards for road traffic accidents in Yunnan.

1. Medical expenses.

2. Nursing fee: determined according to the income status of the nursing staff, the number of nursing staff and the nursing period.

3. Victim's lost work pay: determined according to the victim's income status and lost work time.

4. Hospitalization meal subsidy.

5. Transportation expenses: calculated according to the actual expenses incurred by the victim and his or her necessary nursing staff for medical treatment or transfer.

6. Nutrition expenses: determined according to the victim's disability and with reference to the opinions of medical institutions.

7. Disability compensation.

8. Solatium for mental damages: According to the determination of the victim's injury, there is generally no such fee for those who cannot be assessed for the level of disability, and the specific amount of solatium for mental damage that can be obtained for each level of injury and dust is mainly determined by the judge's discretion.

9. Living expenses of dependents.

10. Fees for assistive devices for the disabled: calculated according to the reasonable cost standards for commonly applicable devices.

11. Follow-up expenses: The expenses may be sued separately after they are actually incurred, but the expenses that must be incurred according to the medical certificate or judicial appraisal conclusion can be claimed together with the expenses that have already been incurred.

12. Cosmetic surgery fee: This expense may be sued separately after it is actually incurred, but the expenses that must be incurred based on the medical certificate or judicial appraisal conclusion may be claimed together with the expenses already incurred.

13. ** fee: This item is the cost incurred due to organ function recovery training.

14. Accommodation expenses: The accommodation expenses actually incurred by the victim and his or her caregivers when it is really necessary to go to other places** and cannot be hospitalized due to objective reasons.

15. Compensation for funeral expenses.

16. Property damage: The compensation items for traffic accidents may include direct property losses, losses from the suspension of commercial vehicles, etc.

Article 17 of the Judicial Interpretation on Compensation for Personal Injuries provides that if the victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall compensate the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, and shall also compensate for the funeral expenses, living expenses of the dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.