Legal procedures for serious injuries caused by a car crash

1. Procedural issues, traffic police survey the scene, investigate and collect evidence, inspect and identify, and determine the responsibility for the accident; If you are not satisfied, you can apply for a review from your superiors within three days of receiving the accident certificate;

Within 10 days of receiving the accident certificate, the compensation can apply to the traffic police for mediation, and if the mediation fails or one party refuses to mediate, it can file a lawsuit with the court.

Where driving while intoxicated bears primary or full responsibility for the accident and causes serious injury to one person, the driver constitutes the crime of causing a traffic accident, and the injured person may file a civil lawsuit attached to the criminal case;

2. The traffic police can be required to urge the insurance company to pay 10,000 yuan in advance for medical expenses within the limit of compulsory traffic insurance;

3. The compulsory traffic insurance can compensate for medical expenses of up to 10,000 yuan, disability and death of 110,000 yuan, and property of 2,000 yuan.

4. Other expenses should be terminated or disability appraisal should be applied to the traffic police for mediation, or sued to the court.

The amount of compensation varies greatly depending on the situation of each place and myself, I don't know if you are **, the accident happened in **, I can't estimate the amount for you, I can only tell you the general principle.

According to the actual situation of the person injured in the traffic accident, he or she may claim compensation from the responsible party, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.

Where the victim is disabled due to injury, it also includes disability compensation, expenses for disability assistive devices, living expenses for dependents, as well as necessary expenses actually incurred as a result of nursing care and continuation, nursing expenses, follow-up expenses, mental damages, and so forth.

The specific amount is calculated according to the actual bills, evidence, income, lost work time, disability level, household registration, local statistical data, living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated by the parties to the accident according to the proportion of accident liability.

The other party's insurance company will not pay (drunk car).

Wait for the traffic police's accident responsibility determination.

Wait for the end of the **, complete the disability evaluation, and then negotiate or sue the court.

If the medical expenses are too much to afford, you can also sue the court for compensation for the medical expenses that have already been incurred. (It usually takes 3 months for the court to decide).

Accident liability certificate issued by the traffic police.

Legal analysis: Compensation items include: medical expenses, hospital meal subsidies, nutrition expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, and loss of wealth and property; Where disability is constituted, it also includes:

Disability compensation, living expenses for dependents, solatium for mental damages, and expenses for disability assistive devices. The losses caused by the traffic accident shall be compensated by the compulsory traffic insurance within the liability limit, and the excess part shall be borne by the commercial insurance insured by the perpetrator and the perpetrator.

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, in accordance with the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions of Sun Shan, 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.

Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation by 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.

** After the disability appraisal is carried out in a timely manner, and then the lawyer can be entrusted to sue the other party in accordance with the law to bear the liability for compensation, including medical and Xiangchang treatment expenses, nursing expenses, lost work expenses, food subsidies during hospitalization, nutrition expenses, disability (death) compensation, spiritual solace funds, living expenses of dependents, nursing expenses, appraisal fees, necessary transportation expenses, and accommodation expenses; The specific amount of compensation should be calculated in detail according to the age of the victim, the nature of the household registration and the circumstances of the case, so as to strive for the maximum compensation.

Article 28 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability Article 28 If a road traffic accident occurs in an insured motor vehicle, the insured shall apply to the insurance company for compensation for insurance money. The insurance company shall, within one day from the date of receipt of the compensation application, inform the insured in writing of the certificate and information related to the compensation that needs to be provided to the insurance company.

Legal analysis: According to the traffic accident liability determination, the parties may file a civil lawsuit for economic compensation with the people's court. The items to be compensated include:

Damage to vehicles and other property, medical expenses, nursing expenses, lost work expenses, hospital meal allowances, nutrition expenses, transportation expenses, and if the disability level is assessed after the disability evaluation, you can also claim disability compensation, mental injury solace, etc. After the traffic accident occurred, especially after the victim was taken to the hospital, because the perpetrator was unwilling to pay the medical bills, the victim's family delayed**, and waited for the perpetrator to pay the medical bills**. In this case, we recommend that the family members pay the medical expenses in advance, and take legal measures to protect their legitimate rights and interests in a timely manner.

Legal basis: Article 12 of the Draft Insurance Law of the People's Republic of China The policyholder of life insurance shall have an insurance interest in the insured at the time of the conclusion of the insurance contract.

The insured of property insurance shall have an insurable interest in the subject matter of insurance at the time of the occurrence of an insured event.

Life insurance is insurance that takes a person's life and body as the subject of insurance.

Property insurance is insurance that takes property and its related interests as the subject matter of insurance.

The insured refers to the person whose property or person is protected by the insurance contract and has the right to claim the insurance money. The policyholder can be the insured.

Insurance interest refers to the legally recognized interest of the policyholder or the insured in the subject matter of insurance.