Car Injury Cases Expenses after Disability Assessment

According to your description, you know that you also understand part of the law. I will now discuss your above related questions from practical and legal perspectives, and I hope it will be helpful to you;

First of all, the behavior of the other party is basically in line with legal procedures, but it will not cause Xiao Wang's loss.

1. Regarding the initiation of disability appraisal and the filing of civil lawsuits with the court, the law clearly stipulates that it is: "after the end of the **". If you go to the court to file a case, you will know that the case filing court needs to ask you whether it is over?

However, in practice, many victims who are anxious to get compensation will precede litigation, but the premise is also that the main thing is over, and there will be a part of the end. It will also end before the expiration of the time limit for presenting evidence (usually the end point when the appraisal result is down). Listen to what you said, this case is special in the second operation.

There are two types of cases in the practice of secondary surgery, and the cost of medical measures such as prosthetic replacement and plate removal can be estimated for a fixed period of time.

Second, the costs associated with the second operation are not fixed and do not have clear appreciability. Then the court will tell the victim to wait until the end of the ** before suing. If the court is deceived to end the forced filing of the case, then the other party will wait until the end of the second operation to sue again.

It is likely to be dismissed by "res judicata". It is necessary to distinguish here that **many years after the end**, this situation belongs to the emergence of new factual grounds that can be filed and accepted.

Now continue to say that the cost of the second operation is fixed and can be determined, and the victim will claim it together in this lawsuit, which will be compensated by the insurance company's compulsory insurance first, and then accompanied by commercial insurance, and then Xiao Wang will compensate according to the proportion of liability determined by the accident. Compulsory traffic insurance is 10,000. It includes 10,000 yuan for medical expenses, 110,000 yuan for disability compensation, etc., as well as 20,000 yuan for property insurance.

Commercial insurance is 300,000. According to the compensation standards of various provinces in the country for traffic accident cases, the compensation of the insurance company is sufficient for the 10-level disability in this case. Basically, there is no need for Xiao Wang to compensate.

As for the insurance company's defense, if the second operation is the first case mentioned above, the court will not give the insurance company's opinion, and the insurance company will still compensate within the scope of the claim. In the second case, the court will, depending on the specific circumstances and from the perspective of solving the problem, require the victim to state the cost of the second operation that is actually claimed, and then award liability in the order described above.

1. The other party has a certain degree of mobility in the time of disability, and generally waits until the end of **, and the injured party thinks that his injury is stable, he can apply for the third stage of identification and disability, which is related to the mentality of the other party. Some victims are afraid that the injury will be better recovered and the disability level will be very low, so they are anxious to find the traffic police to do the third phase and the disability, which is also common. However, if you do the disability determination and third-stage appraisal at this point in time, the culprit party will generally apply to the court for re-appraisal at the time of **;

2. The insurance company's statement is unfounded. Whether it is not based on the disability determination, there is still a possibility of subsequent expenses after the disability determination. The content of the compensation of the compulsory traffic insurance is clearly written, which is "responsible for compensating medical expenses, diagnosis and treatment expenses, hospitalization expenses, hospital meal subsidies, necessary and reasonable follow-up expenses, cosmetic surgery expenses, and nutrition expenses under the compensation limit of medical expenses and non-liability medical expenses".

It is very clear that it includes "necessary and reasonable follow-up fees". As for commercial liability insurance, the terms are different for each insurance company, but I think it is generally the same standard.

Medical expenses, nutrition expenses, hospital meal subsidies are within the compensation limit of 10,000 yuan of compulsory traffic insurance, disability compensation, mental solace, nursing expenses, lost work expenses, transportation expenses, etc. are all within the compensation limit of 110,000 yuan for death and disability of compulsory traffic insurance, plus you also have commercial insurance, even if you pay the relevant expenses first, you can also find the insurance company to make a claim, the claim is not satisfied with the direct lawsuit, and the insurance company is not polite, when you make a claim, they will try all kinds of ways to reduce the amount of claims. You are your grandfather when the insurance company is insured by the current insurance company, and he is when the claim is made.

The cost of traffic accident disability appraisal is generally borne by the party responsible for the accident and the injured person, and the proportion of their respective responsibilities is divided according to the responsibility division on the traffic accident liability certificate, and if the injured person is not responsible, all the costs are borne by the party causing the accident.

This Xiao Wang can almost go to prison, and if people don't call the police directly, it's already counted as a face, and he still negotiates with others.

Disability Appraisal Fee. It should be shared by both parties in the accident according to the proportion of responsibility for the destruction of the dampene. For example, the culprit Si Sun was killed. and the Wounded Ones. is equally responsible. Then the disability appraisal fee is half of the driver and the injured person.

The insurance company will not cover the cost of the appraisal.

Under normal circumstances, it is the responsibility of the driver who caused the accident.

If the court reverses the judgment, the proportion of responsibility determined in the accident certificate will be shared by the driver and the victim.

Who is responsible for the cost of disability identification in a traffic accident? Why does the insurance company say that the disability appraisal fee should be borne by the injured person and the car owner according to the accident liability? The cost of disability identification in traffic accidents is generally borne by the vehicle owner.

Q: Who will pay for the forensic appraisal of the traffic incidentA: First, the appraisal of the degree of disability; 2. Identification of nursing dependence; 3. Determine the follow-up expenses; 4. Determine the missed working period, nursing period and nutrition period; As long as one of the above items can be rated as disabled, it should be executed, and the other items cannot be executed.

The appraisal fee shall be paid by the injured party in advance, and shall ultimately be borne in proportion to the liability.

Who bears the cost of identifying a disabled person in a traffic accident? Why does the insurance company say that the disability appraisal fee is borne by the injured person and the car owner according to the accident liability? The cost of identifying a disabled person in a traffic carry-up accident is usually borne by the vehicle owner.

Who pays for the forensic appraisal of traffic accidents:1Identification of the degree of injury and disability; 2.

nursing dependency assessment; determine follow-up processing costs; Determine the delay, nursing, and nutrition periods; Whenever it is possible to assess the degree of disability, the first task mentioned above should be carried out, and the other work may be omitted. The assessment fee shall be paid by the injured party in advance, and shall be borne in proportion to the final responsibility.

Who should pay for the disability identification in a road accident? Why does the insurance company claim that the disability appraisal fee should be paid by the injured party and the vehicle owner according to the liability for the accident? The cost of disability identification in road accidents is usually borne by the vehicle owner.

Question: Who will pay for the judicial evaluation of road accidents: first, the assessment of the degree of disability; 2. Identification of nursing dependence; 3. Determine the cost of entering a mountain step; identify missed periods of work, care, and feeding; As long as the first element of the above elements can be assessed as not excluded, the other elements can not be excluded.

The appraisal fee shall be paid by the injured party in advance, and shall be paid in accordance with the proportion of liability.

In traffic accidents, who bears the cost of disability identification, why does the insurance company say that the cost of disability identification is borne by the injured and the owner of the vehicle in accordance with the responsibility of the accident, and in traffic accidents, the cost of disability identification is generally borne by the car party. Who pays for the forensic examination of a traffic accident? nursing dependency; Determination of the cost of evaluation monitoring**; Determine periods of work delay, care, and nutrition; The first paragraph of the preceding articles should be made to be lenient in cases where it could be considered invalid, while other articles could not.

The fee for the appraisal of rock cultivation shall be paid by the appraisee in advance and shall be borne in proportion to the responsibility.

Hello, if the owner is fully responsible, then the cost of disability identification needs to be borne by the owner, and the owner needs to bear full responsibility.

Who should pay the disability recognition fee in the event of a traffic accident? Why does insurance stipulate that the disability appraisal fee should be borne by the injured person and the vehicle owner according to the accident liability? In the event of a road accident, the disability identification fee is usually borne by the vehicle owner.

Question: Who will pay for the judicial evaluation of the road case: first, the assessment of the degree of disability; 2. Identification of nursing dependence; 3. Determine the follow-up expenses; 4. Identify missed working periods, lactation periods and feeding periods; As long as the first of the above elements can be assessed as a disability complaint, it should be implemented, while the others cannot be enforced.

The appraisal fee shall be paid by the injured party in advance, and finally borne in proportion to the responsibility.

Who will pay for the disability assessment fee for road accidents? Why does the insurance company say that the disability appraisal fee should be borne by the injured party and the vehicle owner according to the accident liability? The disability shirt appraisal fee for road accidents is usually paid by the car owner.

Question: Who Should Pay for Legal Assessment of Road Accidents Qing's: First, Disability Assessment; 2. Determine dependence on nursing.

3. Determine the follow-up expenses; 4. Determine the absence period, nursing period and nutrition period; The first point above should be enforced as long as it can be classified as disabled, and the others cannot be enforced. The appraisal fee must be paid by the injured party in advance and finally according to the share of liability.

If the total amount of the traffic accident disability appraisal fee and the medical expenses does not exceed the insurance company's compensation limit, the insurance company should bear it. The injured person in the traffic brother annihilation accident can claim compensation from the perpetrator, and there is insurance, and Qinghuai will find insurance compensation.

The traffic management department of the public security organ "the identification of disability in traffic accidents is entrusted by the parties themselves, and the applicant shall bear the costs first, and finally pay according to the responsibility of all parties. In the case of the chain, the cost of forensic appraisal of traffic accidents shall be borne by the traffic management department of the public security organ. "First.

Legal analysis: According to the provisions of relevant national laws and regulations, it can be seen that the principle of who is the main defense and who bears the burden of the appraisal fee decided by the party presenting evidence only refers to the advance payment by the party presenting evidence in the course of the litigation, and if the final determination of which party is responsible, the people's court will determine which party will pay the final payment in the judgment after the case is completed. It is a general principle that the losing party bears the costs of litigation.

Legal basis: Measures for Payment of Litigation Costs

Article 12: In the course of litigation, the people's courts decide that the parties are to pay directly to the relevant institutions or units for expenses that shall be borne by the parties in accordance with law due to appraisals, announcements, inquests, translations, appraisals, auctions, sales, warehousing, safekeeping, transportation, ship supervision, and so forth, and the people's courts must not collect and pay on their behalf. Where people's courts provide translations in the common language or script of the local ethnic group in accordance with paragraph 3 of article 11 of the Civil Procedure Law, no fees are charged.

Article 19: In retrial cases where it is necessary to pay a case acceptance fee in accordance with article 9 of these Measures, the case acceptance fee is to be paid in accordance with the amount of the retrial request for the portion of the original judgment that is not satisfied with the original judgment.

Article 64 of the Insurance Law of the People's Republic of China The insurer and the insured shall bear the necessary and reasonable expenses paid by the insurer and the insured to ascertain and determine the nature and cause of the insured accident and the extent of the loss of the insured subject.

The process of traffic accident disability hidden guess identification:

1. The applicant applies to the relevant departments for disability appraisal;

2. After the relevant departments accept the application, entrust the relevant appraisal agency to conduct the appraisal;

3. The appraisal agency shall conduct an appraisal of the applicant in accordance with the corresponding procedures and make an appraisal conclusion.

[Legal basis].

Classification of the degree of fissure caused by human injury".

Based on the consequences or outcomes of injury, the degree of tissue and organ loss and/or dysfunction should be objectively evaluated, the causal relationship between injury and disability should be scientifically analyzed, and the appraisal should be carried out realistically.

If the injured person meets two or more levels of disability, the evaluation opinion shall indicate the level of disability in each place.

Disability classification.

This standard divides the degree of disability caused by human injury into 10 levels, from level 1 (100% human disability rate) to level 10 (human disability rate 10%), with a difference of 10% in each level of disability rate. The basis for the classification of disability is shown in Appendix A.

Basis for judgment. Based on the structural destruction and dysfunction of human tissues and organs, as well as the degree of dependence on medical treatment and nursing, and the influence of social interaction and psychological factors caused by disability, the degree of disability is comprehensively determined.

1. In traffic accidents, the general charge for disability appraisal is about 700 yuan.

2. The forensic appraisal institute conducts forensic appraisal of the degree of personal injury and disability, and the former state and the Ministry of Justice have formulated a fee standard, but the standard has been abolished this year. The guide price shall be set by the province, municipality directly under the Central Government, autonomous region and the Department of Justice, and the judicial appraisal institute shall charge no more than 20% of the price on the basis of the regulations.

3. However, because the charging standards stipulated by the former state and the Ministry of Justice have not been abolished soon, most of the new standards stipulated by the provinces and cities have not yet been introduced, and they are basically implemented with reference to the charging standards known by the former national government and the Ministry of Justice, and the fee standards for the identification of personal injury and disability are generally about 700 yuan, and the cost of entrusting medical institutions to carry out auxiliary examinations is additional.

Legal Analysis: Whether the Plaintiff Should Bear the Cost of Traffic Accident Disability Appraisal or the Defendant There are two opinions on who should bear the cost of the victim's traffic accident disability appraisal. One is that the cost of the appraisal should be borne by the plaintiff himself.

Who bears the cost of identifying the nature and size of the traffic accident?

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 73 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 clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.