My dear mother died in a car accident, what should I do about compensation? 20

Hello, 1. For the dispute over compensation for traffic accident damages, the parties can request the traffic management department of the public security organ to mediate, or they can directly file a civil lawsuit with the people's court.

After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

2. Where a party provides any of the following evidence, it may be considered that the victim of the traffic accident has resided in the city or town for more than one year at the time of the traffic accident:

1) Two or more temporary residence permits for successive periods of time and one of them is still valid;

2) A written certificate issued by the police substation of the public security organ at the place of residence;

3) The resident committee of the place of residence issues a written certificate and has the corresponding supporting materials for housing lease registration procedures;

4) Proof of the property rights of the urban house where the victim is the property owner and who has actually lived in the house for more than one year;

5) Other evidence that can prove that the victim has lived in the city for more than one year.

Hello! The person obligated to compensate the victim for personal injury, 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, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Where the victim or the close relatives of the deceased suffer mental damages, and the person entitled to compensation requests the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to make a determination.

If the negotiation fails, you can file a lawsuit with the court to demand compensation from the other party and the insurance company. The main compensation items stipulated by the law are: medical expenses, hospital meal allowance, transportation expenses, nursing expenses, nursing expenses, necessary nutrition expenses, lost work expenses, funeral expenses, death compensation, spiritual solace money, and living expenses for dependents.

The difference between the towns and the peasants is doubled. In April last year, it would have been a town. In the case of compensation, it is based on the total amount of compensation, and then the proportion of their primary and secondary responsibilities depends on the court. It is advisable to hire a lawyer.

Whether it belongs to the urban population, you can go to the local police station for consultation, whether it is mediation or judgment, this needs to be provided.

As for the compensation standard for agricultural vehicles, you can determine the amount of compensation for agricultural vehicles according to the total amount of compensation, and then according to the determination of responsibility. Because farm vehicles only want to be compensated by insurance, the chances of success in mediation are not so great. Be prepared to prosecute.

In this case, it is inevitable to hire a lawyer.

First of all, show sympathy for your plight, and from the information you provide, it should be in the form of compensation from the townspeople.

Please consult with a relevant lawyer, this matter is very troublesome and complicated, please mourn!

1. To whom is the mother's death compensation in a car accident to?

1. The issue of the attribution of compensation for the mother's car accident is generally divided into two situations. The details are as follows:

1) If the mother did not die in the car accident, the compensation for the car accident belongs to the mother herself;

2) If the mother dies in a car accident, the attribution of compensation for the car accident shall be carried out in accordance with the relevant regulations, generally in accordance with the method of legal inheritance. Legal inheritance is divided into first-order heirs and second-order heirs, and the attribution of car accident compensation is obtained in this order.

2. Legal basis: Article 1127 of the Civil Code of the People's Republic of China.

The estate is inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

2. What are the ways of inheritance?

1. Testamentary succession, that is, the decedent makes a will before his death and designates the heir to inherit his own estate;

2. Bequest means that the deceased makes a will before his death, and gives the estate to the state, the collective, or a person other than the legal heir;

3. A bequest and maintenance agreement means that the decedent and the dependant enter into an agreement that the decedent shall bear the obligation of the decedent to support the deceased and bury him, and all or part of the property of the decedent shall be transferred to the dependant after his death. This method mainly occurs when the elderly have no one to support them;

4. Legal succession, that is, in the absence of the above three circumstances, the law determines the order according to the distance of kinship.

Legal analysis: It does not belong to the inheritance in nature, but it can be divided according to the method of estate distribution. The first in line to the throne is divided equally.

Legal basis: Article 10 of the Inheritance Law of the People's Republic of China [Scope of heirs and order of inheritance] The inheritance shall be inherited in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Legal analysis: The death compensation is based on the compensation paid by the victim to his close relatives after his death, and the right holder to receive the death compensation is the victim's close relatives, and the compensation does not belong to the victim's estate. In principle, the right holder and the corresponding share should be determined according to factors such as the degree of closeness of living with the victim, and the law should be based on the evidence

Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it will be inherited by the first-order heir, and the second-order accompanying heir will not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "brothers and sisters" as used in this part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters with a dependent relationship.