Traffic Accident Personal Injury Liability Claims

It is recommended that you find a professional lawyer to help you do this, which is roughly the following process. If the other party has 100,000 commercial insurance, the 100,000 of the compulsory traffic insurance (this total should be 122,000, but it is apportioned according to various proportions, and basically you can't get the number you said) is enough for the 200,000 you said. However, if the other party is speeding, the insurance company will have a waiver (this is based on the content of the traffic accident liability letter issued by the traffic management department), which is about 30% of the deductible (this can be discussed with the insurance company).

Another point is that if a motor vehicle has a traffic accident with a pedestrian or a non-motor vehicle, the motor vehicle should be fully responsible (here is a reminder, the insurance company generally refers to the content of the accident certificate issued by the transportation department or the on-site record of its own company's investigators). Another point, in view of your father's illness and injuries, I hope you can do a disability and other evaluation, which will increase your compensation. This matter is mainly an official matter between you and the insurance company, and as the perpetrator, he only bears the supplement for the part that the insurance company does not pay.

You will also need to ask for a series of follow-up expenses such as nursing expenses, lost work expenses, nutrition expenses, etc.

Part of the liability in the compulsory liability insurance is paid in full, that is, after 200,000 minus 120,000 yuan of the compulsory liability insurance, you will bear 30% of the remaining 80,000

If a motor vehicle hits or injures a pedestrian, the motor vehicle bears full responsibility. Your father's situation can be subject to legal assistance.

None of what you say is true.

As long as an insured accident occurs, the liability for compensation shall be borne within the statutory limit of compulsory liability insurance. Commercial insurance, on the other hand, determines the amount of compensation according to the proportion of liability.

The 100,000 yuan of compulsory traffic insurance is also divided into medical expense compensation, property damage compensation, and disability compensation, each part has a fixed amount, so it corresponds to your loss one by one.

After deducting the compulsory liability insurance, the expenses shall be paid by the commercial insurance or together with the other party according to the allocation of 70% of the liability of the other party.

In 2008, Lu was hit by Sun's car, but it did not constitute a disability. The vehicle involved in the accident has been insured with compulsory traffic insurance. Lu sued the court, demanding that the insurance company compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses and other losses totaling 30,000 yuan.

The insurance company argued that according to the provisions of the Compulsory Insurance Clause for Motor Vehicle Traffic Accident Liability, nursing expenses, lost work expenses, transportation expenses, etc. fell under the death and disability compensation limit in the compulsory traffic insurance. In this traffic accident, Lu was only injured but not disabled, and only agreed to compensate Lu for medical expenses of 10,000 yuan, so he did not agree to compensate for lost work expenses, nursing expenses and transportation expenses.

The court ruled that the insurance company should compensate Lu 10,000 yuan within the compensation limit for medical expenses; Within the limit of compensation for death and disability, Lu was compensated for 6,866 yuan for lost work, 2,232 yuan for nursing expenses, and 200 yuan for transportation expenses.

Legal basis: Article 8 of the Terms.

Under the limit of death and disability compensation, it is responsible for compensating for funeral expenses, death compensation, transportation expenses incurred by the victim's relatives for funeral matters, disability compensation, disability assistive device expenses, nursing expenses, transportation expenses, living expenses of dependents, accommodation expenses, and work expenses for wrongful grandchildren, and solatium for mental damages borne by the insured in accordance with the court judgment or mediation. Can it be based on this that "the insurance company should compensate the victim for expenses such as disability and loss of work due to injury; However, the victim is only injured but not disabled, and the insurance company will not compensate for his lost work and other expenses". In the author's opinion, the reason why insurance companies only pay for medical expenses and do not compensate for lost work and other expenses is that they do not accurately grasp the meaning of the concept of "disability".

1.Accident handling: After the accident, be sure to report the accident to the traffic police department as soon as possible, and report the case to the insurance company. Try to keep the scene of the accident, if the injured person is seriously injured, you should call 120 to save people;

2.Accident mediation and costs: At the end of the banquet, the other party will negotiate and mediate with the insurance company and the traffic team at the agreed time, reach a consensus through negotiation, and issue a mediation letter on the spot;

3.Submit the supporting materials required for the processing of the claim;

4.loss of potatoes and miscalculation and compensation;

5.Dispute Resolution.

First by the compulsory traffic insurance to compensate for the second brother, the insufficient part by the commercial insurance. If it is still insufficient, compensation shall be made in proportion to the liability. If there is no insurance, compensation is made in proportion to the liability.

Legal basis] Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: If a motor vehicle that is insured with both compulsory third-party liability insurance for motor vehicles and commercial insurance for third-party liability commercial insurance causes damage in a traffic accident, and the parties sue both the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:

1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;

2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;

Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.