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1.Judging from the information provided by the landlord, the landlord has violated the traffic rules, and you are in a strong position as a driver compared to the cyclist, and you will generally be fully responsible for this situation. Of course, from the information provided, it is not known whether the cyclist has violated the traffic rules, and if he has also clearly violated the traffic rules, then there may be primary and secondary liability, but it is just possible.
2.I don't know what the content of the landlord's insurance contract is, I can't judge whether it's enough, but if the insurance is not enough, the landlord himself must post the money, the amount of the landlord's compensation or the amount of medical expenses has nothing to do with the insurance contract, only the degree of responsibility of the landlord, because this is a contract between the landlord and the insurance company, not between the landlord and the cyclist, nor between the cyclist and the insurance company.
3.When you pay for medical expenses, you must have receipts, that is, you must know what you are paying for, make sure that it is related to the injury caused by the accident, and have a receipt or proof that you have paid the expenses in advance.
4.That depends on the specifics of the insurance contract.
5.Of course, you are looking for compensation because you are responsible. As for the insurance company's insurance payment, it is a matter between you and the insurance company.
The above is only a personal opinion, and if you need a definite opinion, it is recommended to consult a lawyer.
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1 to be negative. 2. If the insurance will not accompany you all, you will have to bear part of it.
3. Ask about the situation.
4No, you can find a bank loan.
5 Of course, it is to find you, and it is up to you to find the insurance company.
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After a traffic accident, the most important thing is how to deal with it, so how to claim compensation has become a question often asked by netizens, so today I will share this issue in a unified way. First of all, it needs to be emphasized that everyone must use legal means to deal with accidents, and cannot use excessive methods, which is not only not conducive to solving problems, but will also escalate contradictions, and may even violate the law. So what are the legal ways to make a claim?
There are two main ways, one is reconciliation and the other is litigation. If you settle in this way, you must pay attention to signing a written settlement agreement with the other party, otherwise, all verbal promises may become "empty talk"; Another method is litigation, which is what we often call "litigation", which requires going to the court to file a case, and finally implement it in accordance with the mediation letter or judgment issued by the court.
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In the event of a traffic accident, the first thing to call is to call the police and call 120 for emergency services**.
As the driver who caused the accident, he should report the accident to the insurance company in a timely manner, so as not to be used by the insurance company as a reason for not paying compensation because the report is not timely.
Whether it is the driver or the victim, all kinds of invoices should be properly kept, such as invoices for first aid expenses, medical expenses, nursing expenses, food subsidies, nutrition expenses, food and lodging expenses incurred by relatives in handling traffic accidents, transportation invoices, transportation invoices and appraisal fee invoices, etc., as the basis for mediation or litigation.
After a traffic accident occurs, the party concerned shall request the traffic police department to issue a traffic accident identification certificate in a timely manner; If the parties have any objections to the traffic accident identification, they shall promptly submit a written application for review to the traffic management department of the public security organ at the next higher level.
For car owners who participate in third-party liability insurance, whether it is to the traffic police department or the court, the insurance company should be notified in time of the amount of compensation claimed by the victim, and the victim's various losses cannot be directly paid. Without the participation and recognition of the insurance company, the car owner is very likely to pay the victim's various losses first, and then settle the claim to the insurance company, or even go to court, which is time-consuming and laborious.
After the victim is discharged from the hospital, he or she should keep the diagnosis certificate, CD, X-ray, and statement during the hospitalization in a timely manner, and make a copy of the medical record (with the hospital seal) in a timely manner. Facilitate the victim to preserve evidence in a timely manner and prepare for mediation, disability evaluation, and litigation; In addition, it prevents the hospital from tampering with medical records due to possible medical accidents.
If the victim needs to be transferred**, he must have a transfer certificate issued by the original hospital, otherwise, he or she shall not be transferred to another hospital without authorization; If medication is required, the victim is not allowed to buy medicine from other hospitals or pharmacies without authorization, unless the original hospital agrees, otherwise the judge will not be able to support it in court, and the victim will have to pay out of his own pocket.
When the victim is discharged from the hospital, he or she should carefully read the discharge certificate issued by the attending doctor. If the victim is of the type of "elderly, young, sick, disabled, and pregnant", according to his or her own condition and needs, the doctor is required to indicate on the diagnosis certificate that "nutrition should be strengthened and special care is required", thus laying a factual basis for claiming nutrition and nursing expenses after discharge in subsequent mediation and litigation.
If the victim's injuries are serious, they shall promptly entrust a forensic evaluation center registered by the national judicial department to conduct a disability evaluation after the ** is concluded; If the victim needs long-term care dependence, a nursing dependency evaluation should be made; If the victim's disability may be related to his or her primary disease, a forensic medical examiner should be consulted to determine causality as much as possible.
When the victim sues, the driver, the car owner and the insurance company are listed as defendants at the same time, which can avoid the phenomenon of mutual blame due to the separate prosecution of one of the parties, and the payment of compensation will be guaranteed if there are many defendants.
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In the event of a traffic accident, the parties concerned shall report to the police in time and request the traffic police department to issue a traffic accident certificate in a timely manner after a traffic accident. If there is a dispute over compensation for traffic accident damages, the parties may request mediation from the traffic management department of the public security organ, or may directly file a lawsuit against the people's court for a civil group cover-up.
1. In the following circumstances, the driver should mark the scene, quickly move the vehicle to a place that does not obstruct traffic and call the police, and wait for the traffic police to deal with it.
1. Collision with buildings, public facilities and other facilities.
2. There is no inspection mark.
3. There is no sign of compulsory traffic insurance.
4. Those who have not taken out compulsory traffic insurance in this city.
5. One party escapes.
2. In any case, the driver should immediately call the police and wait for the traffic police to deal with it at the scene.
1. The vehicle does not have a license plate.
2. The driver does not have a driver's license.
3. The driver drinks alcohol.
3. Ways to resolve traffic accident disputes.
2. In the way of litigation, try to entrust a professional. The role is not only to fight lawsuits, but also to help the parties maximize their interests through "settlement" planning in the process of handling cases. Envy Liang.
Legal Analysis: Road Traffic Safety Law of the People's Republic of China
Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request the traffic management department of the public security organ to mediate, 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.
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