The driver I hired had a traffic accident and the driver didn t take a penny, what should I do 5

Updated on society 2024-05-03
15 answers
  1. Anonymous users2024-02-08

    You must be the owner of the vehicle that caused the accident, and the driver hired had a serious traffic accident while driving, causing a large financial loss. Although the driver was primarily responsible for the accident, he was unwilling to take a penny of responsibility. According to my speculation, your car only has compulsory traffic insurance, not commercial insurance, but the economic losses caused by compulsory traffic insurance cannot be compensated.

    The biggest risk of a major traffic accident is that a vehicle that has not purchased full insurance is on the road. Once, a major traffic accident occurs, it is enough to shatter a family's dream of making a fortune, and they are in debt and fall into bankruptcy. That's where the biggest risk of operating a vehicle lies!

    whether you have hired someone to drive for you, and whether you have signed a relevant agreement with him that clarifies the mutual rights and obligations; Whether the man and Party B have an explanation for the occurrence of a traffic accident. If you don't have any offer with the driver you hire, you can't legally bind the driver; It only depends on the conscience of the driver. Moreover, if the driver did not intentionally cause the traffic accident, although he is primarily responsible, he cannot be held legally responsible.

    Then all the consequences caused by this traffic accident can only be borne by you.

  2. Anonymous users2024-02-07

    In a traffic accident, the driver must be responsible. It is a fault or gross negligence.

    However, you need to recover from the driver after you have paid all the compensation.

  3. Anonymous users2024-02-06

    The driver is your employee, and as long as he is not intentional or grossly negligent, you are responsible.

  4. Anonymous users2024-02-05

    In a situation like this, the driver must mainly ask the driver to pay, and you should communicate with the traffic police department, and the traffic police will tell you how to deal with it.

  5. Anonymous users2024-02-04

    As long as the driver is not intentional or grossly negligent, then you should bear the costs incurred in this accident according to the proportion of responsibility.

  6. Anonymous users2024-02-03

    Hehe, you have to discuss this with the driver.

  7. Anonymous users2024-02-02

    What should I do if I have no money to pay for a car accident Any time he finds his property, he can ask for enforcement. First of all, if the obligor does not enforce the dregs of the effective legal documents, he can apply to the court for compulsory enforcement. Second, if the person subject to enforcement has no property available for enforcement, the court will suspend the enforcement, and the enforcement can be resumed when the other party has the ability to enforce.

    Third, for refusal to enforce court rulings, there will be judicial detention or even suspected of refusing to enforce effective civil judgment documents. Fourth, don't worry, this situation is like a bad debt of the bank, but as long as he has the ability to work, he can be held accountable for the performance of legal documents.

    Road Traffic Safety Law of the People's Republic of China

    Article 74.

    In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may 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.

    Civil Procedure Law of the People's Republic of China

    Article 122.

    The following conditions must be met for a prosecution:

    1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

    2) There is a clear defendant;

    3) There are specific litigation documents, such as requests for quiet litigation and facts and reasons;

    4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

    Civil Procedure Law of the People's Republic of China

    Article 123.

    A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

    Where there is genuine difficulty in writing a complaint, the oral complaint may be discredited, and the people's court is to record it in the record and inform the opposing party.

  8. Anonymous users2024-02-01

    Rights. If you are unable to go to work because you are injured in a traffic accident and need to take leave, the loss of salary income due to absenteeism is a loss of income from lost work, and you can claim compensation from the responsible and prudent party. It is illegal for the boss to excuse and deduct your wages without reason, and you can go to the local labor arbitration agency to apply for payment of arrears or deducted wages.

  9. Anonymous users2024-01-31

    According to the facts you said, your matter should be an accident involving two legal relationships, the first is the tort relationship with the driver, and the second is the labor relationship with the unit, which are two different legal relationships, even if the driver has compensated you, it is in accordance with the tort relationship, not the labor relationship, and it does not mean that the responsibility of the unit is exempted, because in view of this situation, China's law does not clearly stipulate that the unit can no longer claim compensation, therefore, As long as the work-related injury is determined, you can apply for labor arbitration according to the work-related injury and ask the employer to compensate you for your medical expenses, lost work expenses, nursing expenses, and hospital meal subsidies, which are generally compensation items.

  10. Anonymous users2024-01-30

    Basically legal.

    It seems that in May 2010, the Labor Law was amended to determine work-related injuries, and traffic accidents on the way to and from work are no longer classified as work-related injuries. In other words, the unit does not bear any responsibility, and all your losses must be compensated by the perpetrator.

    In essence, before the amendment, as long as the employer did not terminate the contract with the employee, the employer was obliged to pay the three insurance premiums even if he did not work. After the amendment, the employer hitched a ride and blamed the perpetrators for all this. So a certain basis.

  11. Anonymous users2024-01-29

    How to deal with traffic accidents in general:

    1. Try not to be selfish, because you can't judge whether you are disabled, because once you constitute a disability, the compensation is relatively high, and you can completely protect your rights and interests. (for court disability).

    2. Your work-related injury has been identified, you can apply to the Labor Bureau for disability identification, and then apply to the Labor Bureau for compensation (disability from the Labor Bureau).

    The two are two different pieces, and the level and method of disability assessment are different.

    3. As for wages, others have compensated you for lost work, but in fact you have no loss of wages, and you are paying insurance normally, there is no objection to this.

    4. Because the unit helps you pay social insurance premiums normally, the unit does not have to compensate you, but the labor bureau compensates you.

  12. Anonymous users2024-01-28

    If you find that there is a loss, you can follow the provisions of the "Regulations on Work-related Injury Insurance" [If an employee is injured in an accident, the unit shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

    The following materials shall be submitted to submit an application for work-related injury determination: (1) an application form for work-related injury determination; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

    to compensate.

  13. Anonymous users2024-01-27

    If the person responsible for the accident escapes, your unit will be responsible for compensation and medical expenses, but the first responsible person has made compensation, and the unit does not need to make compensation You have the right to work injury paid leave (sick leave) But there is a specified time According to the injury appraisal issued by the forensic doctor, the state has clear regulations How long can you apply for sick leave for what level of injury is ** period.

  14. Anonymous users2024-01-26

    It has nothing to do with the unit, so why should the unit compensate? Just because you were in a car accident on your way to work? Oh, friend, don't think people are unprofessional.

    Is there a breach of contract? Is there any statutory damages? None of them!

    Then are you embarrassed to rely on the unit to compensate you?!

  15. Anonymous users2024-01-25

    Hello: 1 unit is doing something illegal, like a scoundrel.

    2 You can sue for work-related injury benefits.

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