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In addition to the normal medical expenses, you can also claim compensation for 1, the injured person's lost work expenses, 2, nursing expenses, 3, hospitalization food subsidies (must be hospitalized), 4, nutrition expenses, 5, transportation expenses, 6, disability compensation (go to the judicial appraisal office to make a disability grade assessment), 7, mental damage solace, 8, living expenses of dependents, etc.
It should be noted that under normal circumstances, the insurance company will negotiate with you on the issue of compensation, and their usual practice will say that the imported drugs will not be doubled, the mental damage solatium will not be doubled, and the others will be pressed down as much as possible. Therefore, it is best for you to understand the specific cost algorithm and understand the specific amount of compensation that should be paid for this accident to protect your greatest rights and interests.
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Regarding your question: In fact, the responsibility is borne by the party responsible for the accident, and the compensation is borne by the party responsible for the accident. The insurance company is only responsible to the perpetrator, that is, the insurance company only compensates the perpetrator.
So the full cost of compensation, in fact, you can also demand full compensation from the perpetrator. As for his relationship with the insurance company, it is up to them to settle it themselves.
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Evidence needs to be provided Compensation Reference Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.
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There are two situations here, if the insurance company's claim amount meets the requirements, we do not need to compensate. If the limit of the insurance company has reached the compensation standard, then the other party's request is unreasonable. We don't need to pay attention to this unreasonable demand, as long as the insurance company pays for it, we don't have to worry about the end of the matter.
Of course, when assessing the damage, it is best for us to be on site and determine the damaged things. Some people may use the name of traffic accidents to replace some of their car parts that have been damaged. If we don't know, the other party will definitely keep asking us for money.
1. Looking at the limit of the insurance company in the event of a traffic accident, we are judged to be fully responsible, and if there is insurance at this time, the insurance company should pay for it. However, there is a point to note here, that is, insurance has a limit, and the excess part is not claimed. For example, if there is no major accident, just if the car is damaged, it may only be 2,000 yuan.
Third Party Liability Insurance, although it is considered a supplement, there is also a fixed limit.
The amount of compensation is beyond the limit, which is the sole responsibility of the insurance company, and the part that exceeds the limit is paid by the responsible party itself. It mainly depends on the loss of the other party and the limit of insurance, and only by determining these two contents can we determine whether the other party's demand is reasonable or not.
2. Precautions for ClaimsAfter a traffic accident, you should call the police in time and call the insurance company. The traffic police are responsible for determining responsibility and adjustment, and the insurance company is responsible for damage assessment and claims. The former consists of:Public security organsResponsible, there will be no big error, the latter is responsible for the insurance company, depending on whether the specific ** is reasonable.
In unreasonable circumstances, the party who is not responsible or responsible can find a special agency to assess the damage again.
When it comes to damage assessment, it's best to have both people present, especially the party who is fully responsible. Sometimes, car parts are not caused by a car accident, and the other party will also ask us for compensation. And some have not reached the point of replacement, and the other party will also forcibly ask for replacement.
Therefore, we must be clear about the specific loss to avoid fraud by the other party.
3. Claim processThe claim process for traffic accidents is generally divided into three steps, which are to investigate and assess the damage to the insurance company, submit claim materials, and obtain compensation. The first step is relatively simple, just dial ** directly after an accident; The second step is to submit the materials, which is mandatory. Although we have the right to claim compensation, we need to submit relevant proof in order to receive compensation; The third step is to wait for the compensation to be calculated and reviewed after confirmation, and the corresponding compensation can be obtained after the review is passed.
Regardless of whether you are the responsible party or the non-responsible party, you should call the traffic police in time after the accident, and at the same time let the insurance company investigate the accident and assess the damage for the vehicle.
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It should be unreasonable for the other party to ask for additional compensation, because there is no personnel **, so it must be paid by the insurance company. It is not possible to go for additional compensation.
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Of course, it is unreasonable, if you buy full insurance, then the insurance company can compensate for it, and you don't need to spend money yourself.
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Forced insurance is not counted, and it is in vain if it is lost.
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With the development of science and technology and the progress of society, many families now basically have cars. Whether you're out shopping or running errands, you basically drive your own car. Although it saves a lot of manpower and material resources, and does not bring great inconvenience to people, with the rapid increase in the number of cars, it will inevitably lead to some traffic accidents.
It is recommended that when you travel, you must put your relevant documents in the car and abide by the traffic rules of the road. So if there is a car accident, the other party is fully liable for the payment of postal life insurance, can the medical expenses during the hospitalization be fully reimbursed? <>
1. In fact, if the car accident does not cause any major problems to personal safety, life insurance will generally pay in full. However, if it has caused economic losses or even the safety of life to the other party, in this case, life insurance will generally pay 80%, and the other 20% needs to be paid out of pocket. Therefore, the perpetrator should also be compensated for the medical expenses during the victim's hospitalization, and relevant examinations must be done.
2. Positive communicationIn fact, many times everyone does not want to have a traffic accident, but often walking by the river, how can there be no wet shoes? Therefore, everyone should also actively communicate to understand each other's thoughts, and truly apologize to obtain the other party's forgiveness. After all, it is very wrong to bring financial distress to others, and also bring harm to others' bodies.
But you must also learn to move others with sincerity, after all, people's hearts are also flesh and blood. <>
3. Pay attention to traffic safetyMany people don't pay attention to traffic safety when they are on the road. Therefore, it is recommended that you must pay attention to the surrounding environment when driving and try not to cause trouble to others. And when driving, be sure to bring your driver's license with you at all times in case there are traffic police on the road to check.
Know that if you don't have a driver's license while driving, it's against the law.
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Full reimbursement will be made because the medical expenses are covered by the insurance and can be reimbursed as long as you keep the payment slips and the relevant cost details.
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The other party is fully responsible for the car accident, and there is a life insurance payment, and the ** expenses during the hospitalization period must be fully reimbursed, and this reimbursement is to find the insurance company for full reimbursement.
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Generally speaking, the medical expenses during the hospitalization period cannot be fully reimbursed, and the insurance company will only pay for some of the contents of the contract, and some subsequent expenses need to be paid by yourself.
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Generally, about 90% of the insurance will be undertaken, and it is impossible to reimburse in full, and such a policy is also very good.
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Hello! Since the traffic police department determines that the other party is fully responsible and the other party has paid the medical expenses, if you purchase the insurance with accidental medical expense protection, the insurance company will pay the accident medical insurance according to the deductible and compensation ratio specified in the insurance policy after deducting the part that has been compensated or paid by the social basic medical insurance or any third party (including any commercial medical insurance).
Therefore, since you have already been reimbursed from other sources, the insurance company will not pay again.
The third-party liability insurance of commercial auto insurance refers to the economic responsibility that the insured or its permitted driver shall bear in accordance with the law in the event of an accident in the process of using the insured vehicle, resulting in direct damage to the person or property of the third party, and the insurance company shall be responsible for compensation. In this traffic accident, you are not responsible, so your car insurance company does not need to bear the responsibility of protection, but for the other party who is fully responsible, his insurance company needs to bear the responsibility of protection.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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We must first make a detailed list of traffic accident claims and the calculation of the amount, and within the reasonable scope of the claim, when the insurance company is insufficient to compensate, we can ask the other party to make up for it.
Within the scope of compulsory traffic insurance, as long as the vehicle involved in the accident is found to have any liability, the injured person can first obtain compensation in the compulsory traffic insurance, at this time there is no need to calculate the proportion of liability between the two parties, and the part exceeding the compulsory traffic insurance will be settled by the responsible person according to the proportion of the burden to be paid.
Compensation limit of compulsory traffic insurance:
1) The compensation limit for death and disability is 110,000 yuan; (Includes lost work expenses and nursing care expenses.) Wait. You can also apply if you do not meet the disability level).
2) The compensation limit for medical expenses is 10,000 yuan;
3) The compensation limit for property damage is 2,000 yuan;
Generally speaking, we can claim compensation from the responsible person as follows: medical expenses, lost work expenses, nursing expenses (compensation for family care can also be claimed), transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses.
In addition, if we subsequently derive a condition that meets the criteria for grading the degree of disability caused by human injury after evaluation.
If this is the case, you can also claim compensation from the other party: disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, follow-up expenses, and mental injury solatium actually incurred due to **nursing and continuation**.
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If the traffic police department determines that the other party is fully responsible, it is generally believed that the fully responsible party needs to bear all the direct losses of the accident, including direct property losses, personal injury medical expenses, and death and disability compensation.
For the definition of additional losses, such as transportation expenses incurred during the maintenance of the vehicle, such direct losses within the scope of legal support, you can directly claim compensation from the fully responsible party with the relevant expense documents and invoices.
However, the depreciation loss caused by the transfer of the vehicle after repair is legally determined to be a reduction in the benefits that can be obtained by the injured party in the traffic accident, which is an indirect loss of the accident. After the traffic accident causes damage to the vehicle, the compensation for the damaged vehicle itself is generally to repair the vehicle to normal use, that is, only to compensate for the repair cost of the vehicle, not the so-called "depreciation loss".
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Theoretically, you can certainly make another claim against the responsible party, but in practice it is not feasible.
Because now insurance companies need relevant original hospitalization bills to settle claims, including your accident insurance claim, and the same is true for the other party's vehicle insurance. However, you only have one original bill, so you can only make a claim on one side. As far as I know, there are currently no photocopies of inpatient bills, unless you can get two sets of receipts printed and stamped by the hospital.
Generally, in this case, the other party will make a claim through the vehicle third-party insurance.
In the case of death or disability benefits, you can do both.
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Accident insurance is a compensatory insurance, and the insurance law has the principle of non-profit, that is, if the other party pays your accidental medical expenses in full, you cannot claim to your commercial insurance company again!! You can also share your medical expenses with the other party and your accident insurance, and you will be compensated for how much you have lost, and you can't make a profit because you have losses.
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If you buy accident medical treatment, you will be compensated, but if you only buy accident insurance, you will not be compensated, because accident insurance is based on death or total disability.
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No, you can assume that all insurance plans require the original bill, and you only have one original bill for your expenses.
Therefore, you can compare your own accident insurance and the other party's compulsory traffic insurance or the three insurance, which pays more, and choose which.
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