Please help, how do I file a claim for a traffic accident? Ask a lawyer to help. 15

According to what you said, your father's condition is very serious, and the amount of compensation involved may be relatively large, so it should be now.

1. First find out the property of the other party and apply to the court for pre-litigation property preservation to prevent the other party from transferring property to avoid compensation. 2. The amount of disability compensation shall be determined according to the responsibility determined in the accident liability determination and the level of your father's disability appraisal (because your father has not yet made a disability appraisal, so this item cannot be determined now), including medical expenses, nutrition expenses, mental loss expenses, etc., you can mediate with the other party, and if the mediation fails, you can file a lawsuit with the court.

My mother was in a car accident in 09, and the other party was fully responsible and had insurance. Our approach is to sue the driver, the taxi company and the insurance company with which it is insured. Then go to the designated hospital to do the disability assessment, and the compensation of the disability level is related to the area, which can basically be checked.

The claim items include medical expenses, lost work expenses, escort expenses, nutrition expenses, transportation expenses, disability level expenses, and mental damage expenses (because it has been a long time, I don't remember it very clearly). If the determination of responsibility is clear, we will generally win the lawsuit, and we will fight the lawsuit ourselves. Finally, I hope your father will be early in**.

Hello, according to the Judicial Interpretation of the Supreme People's Court on Personal Injury Compensation Cases:

1. The items that can be applied for compensation include: disability compensation, lost work expenses, living expenses of dependents, etc.

2. If necessary, you can call us for detailed answers.

Lawyer Sun Xiaofei.

First find the traffic police to identify the accident, then the disability rating, and then make a claim. Because your father is in the hospital, the aftercare fee is also a relatively large compensation. The compensation is estimated to be around 500,000.

You can go to the court to sue the infringer according to the accident handling opinions of the public security organs and the medical treatment materials issued by the hospital, and demand compensation for medical expenses, transportation expenses, and nutrition expenses. The infringer may also be required to compensate for disability compensation and mental solace based on the appraisal of the appraisal organ's disability rating.

You have a good chance of winning this case, you can hire a lawyer, and the attorney's fees and court costs can be borne by the defendant.

Hello; 1. Compensation in accordance with the judicial interpretation of the Supreme People's Court; 2. After waiting for the disability assessment, the amount of compensation can be determined and calculated according to the level of disability.

Lawyer Xu Zhiyuan.

1) Report the case. 1. After the accident occurs, keep the accident scene and immediately report to the insurance company of the vehicle;

2. If the third-party loss is road facilities or the third-party loss is a vehicle, it is necessary to report to the traffic police department;

2) On-site processing.

1. The personnel of the insurance company arrive at the scene and issue the "Investigation Report".

2. The traffic police department arrived at the scene and issued the "Accident Identification Certificate" on the spot

3) Third-party repairs.

1. If the third party is not a motor vehicle, it is best to require the insurance company personnel to directly reach a loss verification recognized by the three parties (the third party, the insurance company, and the car owner) when dealing with the scene.

Reminder: If you do not have the permission of the insurance company, you can promise the third party about the amount of the claim, and the insurance company has the right to overturn it, and if there is a gap between the re-approved ** and the requirements of the third party, the gap will be borne by the car owner.

2. If the third party is a motor vehicle, it should be divided into the following two situations:

Clause. 1. If the third party agrees to go to the repair shop selected by the car owner with the car owner for repairs, there is no need to pay any cash to the third party on the spot!

Clause. 2. If the third party asks to go to the repair shop of their choice for repair, that is to say, the third party will go to a different repair shop with the owner to repair the vehicle, the third party may require the owner to pay a part of the repair cost at the scene of the accident, or a deposit or deposit, (because I am worried that the owner will not be able to find the owner afterwards or the owner will not admit the account afterwards), remember:

1. Pay money on the spot, and be sure to make a receipt;

Second, it is more appropriate to pay half of the repair cost of the company (because there may also be a situation where the third party does not admit the account afterwards).

Reminder 1: After the repair of the third-party vehicle, the owner must first deliver the repair fee to the third party or the repair shop of its choice, and then get the third-party repair invoice and maintenance details before the insurance claim, if the third party does not provide relevant information or cannot find the third party, the third party's maintenance cost insurance company can not pay.

Reminder 2: Although it is mentioned above that a third party is required to issue a receipt when paying money on the spot, although such a receipt cannot be used as a basis for compensation, this kind of simple or receipt can at least avoid the situation that the third party does not admit the account afterwards. Because after the third party repairs the repair, the car owner must pay the repair fee to the third party or the repair shop selected by the third party, if there is no receipt, if the third party does not admit the account, how much should the car owner pay after the third party vehicle is repaired?

4) Vehicle damage assessment and repair.

1. Send the damaged vehicle to the damage assessment center and notify the insurance company at the same time to assess the damage;

2. Repair the car in the repair shop;

3. The owner picks up the car.

5) Submit documents for claim.

Claim: Collect the claim information and submit it to the insurance company for claim procedures.

6) Loss adjustment.

After receiving the complete claim documents, the insurance company will make adjustments to finalize the final payment amount.

7) Compensation: The financial personnel of the insurance company shall transfer the compensation to the designated account of the car owner according to the amount calculated by the claims adjuster.

If you need to appoint a lawyer in the event of a traffic accident, the sooner you can appoint a lawyer, the better it will be for you.

In the event of a traffic accident, the victim needs to appoint a lawyer as soon as possible to ensure the maximization of his future interests under the following circumstances:

1. There is a relatively large injury, generally because there is a disability that may be carried by the suspect (including death) and the perpetrator cannot negotiate peacefully;

2. Dissatisfied with the accident certificate and the property loss is relatively large;

3. In the event of any of the above three situations where an agreement cannot be reached with the insurance company, the victim needs to contact a professional lawyer in time to consult or directly entrust a lawyer to compensate for related matters.

1. In the event of a traffic accident in the course of professional acts, the employer shall be liable for compensation to the outside world, but according to the judicial interpretation of the Supreme People's Court of China, the employer shall be liable for compensation to the outside world, and if the employee is intentional or grossly negligent in the accident, the employer can recover from the employee for the external compensation, so the situation you mentioned is not excluded;

2. If there is no labor contract, as long as there is a de facto labor and employment relationship, when the accident occurs during the work or in the process of completing the work task according to the instructions of the employer, it is a duty act and shall be borne by the employer;

3. In the event of an accident, first of all, in accordance with the provisions of compulsory traffic insurance, distinguish between responsibility and non-responsibility to compensate the victim, and the employer shall bear the liability for compensation for the excess part;

4. If the unit's vehicle is not inspected annually, the unit has an unshirkable responsibility and can be defended by this;

5. Traffic accidents are caused by negligence, whether the unit can recover from you successfully depends on the degree of your fault, if there is a serious fault such as drunk driving, it cannot be shirked, so the recovery problem should be analyzed on a case-by-case basis, and cannot be generalized.

Hello; 1. You first apply to the judicial appraisal agency for the appraisal of the level of injury and disability, and calculate the compensation loss according to the disability level and the standard of the 2011 provincial traffic accident compensation project, 2. The compensation items are: medical expenses; Follow-up fee; Hospitalization and rest lost time pay; nursing fees; Disability compensation; living expenses for dependents; transportation expenses for medical treatment; nutrition fees; Hospitalization meal subsidy; forensic fees; transportation expenses for medical treatment; spiritual consolation; 3. The perpetrator (driver) who escaped should bear full responsibility for the accident in terms of responsibility, and it is the first defendant; If the vehicle and the driver are not the same person, then the owner of the vehicle is the second defendant and is jointly and severally liable.

3. The insurance company is the third defendant and shall compensate within the scope agreed in the insurance contract; 4. The key issue is that you need to understand the insurance situation of the vehicle, whether there is compulsory traffic insurance, commercial insurance and insurance without deductible. I hope the above answers will be helpful to you.

If the general escape driver of a traffic hit-and-run is fully responsible, I believe that the traffic liability accident certificate has come down, and you calculate your mother's medical expenses, nursing expenses, nutrition expenses, transportation expenses, mental damage expenses, etc., and then find the other party to claim compensation, if the other party does not see you in court!

The traffic police department shall issue a "traffic accident responsibility determination", and the driver shall bear full responsibility for the accident if he hits and runs, and the traffic police department shall mediate first, and the specific matters can be consulted by the police in charge of the case.

It can be roughly divided into two steps: first, calculate the total amount of compensation that can be claimed according to the scope of compensation in the Judicial Interpretation on Personal Injury Compensation; 2. Divide the compensation according to the accident appraisal of the traffic police force.

The compensation items that can be obtained are: medical expenses, lost work expenses, nursing expenses, hospital meal subsidies, nutrition expenses, transportation expenses, appraisal fees, and mental damage solace! Lost time pay is the victim's reduced income due to lost work, and where there is a fixed income, it is calculated according to the reduced income, and the lost work pay should be calculated until the injury is healed, and the medical termination period (i.e., the time required to recover from the injury) is generally determined in accordance with the forensic doctor's appraisal opinion, and the medical termination period is the lost work time.

According to the circumstances you described, the victim's lost time pay can be calculated on the basis of his or her pre-injury income, but it should be noted that even if the corresponding evidence is provided during the course of the litigation; For the nursing staff during the hospitalization, that is, the nursing expenses of the second daughter, should be calculated according to the income of the second daughter due to the care, but whether nursing is needed after discharge should be determined according to the forensic appraisal opinion, if the forensic medical evaluation conclusion determines that nursing care is required, the loss of nursing expenses should be compensated, and if the appraisal conclusion believes that nursing is not required after discharge, the loss of nursing expenses after discharge cannot be claimed! At the same time, in this case, if the victim's injuries constitute disability or the injuries affect her facial beauty, etc., she can claim solatium for mental damages, but not attending her daughter's wedding is not enough to claim compensation for mental damages!

1. Try to grasp all the identity and background information of the perpetrator, especially the property situation.

2. If the perpetrator meets the following conditions, he may request the public security traffic police department to investigate his criminal responsibility for the crime of causing a traffic accident.

1) Driving a motor vehicle after drinking alcohol or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle without a license or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

3. File a civil lawsuit with the court and apply for property preservation.

4. You can entrust a local lawyer to the specific litigation process**.

The case is not very difficult, but it requires a serious and responsible lawyer**.

Your question is not clear. If there is a court judgment in force, your father shall be liable for compensation to the extent of his property, regardless of whether your father has lost his ability to work. As for whether your father's company is liable for compensation, if your father was involved in a traffic accident while performing his or her job duties, the court will generally not hold your father liable, and your father's company will be liable.

If you think the verdict is unfair, you can deal with it through a grievance.

The exact amount of compensation will be determined based on factors such as the responsibilities of both parties in the accident and the extent of your father's injuries.

For more information, please contact a lawyer in person. If you don't want to spend money, you can contact me and I can give you guidance.