I am primarily responsible for the traffic accident, and he asks me to take full responsibility, is

In the event of a traffic accident, determining liability is the most important thing. This involves the amount of compensation, so be sure to figure it out. Since both of you are responsible, you are primarily responsible and the other party is secondarily responsible, and it is not okay for him to demand that you be fully responsible.

The Interpretation on Compensation for Personal Injuries implements the principle of comprehensive compensation in terms of compensation items and compensation standards. Among them, the compensation items have been added to the ** fee and the follow-up ** fee, and the "disability compensation" has been replaced by the "living allowance for the disabled". It is embodied in Articles 17 and 18 of the Interpretation on Compensation for Personal Injuries.

Definitely not, after all, the other party is also responsible, why should you pay full responsibility, you are not stupid, why bother, it's better to call the police, let the police preside, what should be done when the time comes.

No, since I am the main responsibility of the other party, then the responsibility must be clear, and I must bear the responsibility myself, and in the case that both parties are responsible, he has no right to demand that I be fully responsible.

OK. If, after mediation, you agree to take full responsibility, this is no problem. But if you don't want to take full responsibility, he still has to bear part of the responsibility.

This depends on the type of insurance and the cost of the insurance to decide, if the accident is not big, did not harm people's health, through both parties benefit from the negotiation is OK, the full responsibility of the insurance company will be fully responsible for the claim, so you can save a lot of procedural matters!

Responsibility is the adverse consequences that should be borne by the law is generally prescribed by law, with enforceable force, people can give up the enjoyment of rights, but can not refuse to bear the responsibility, of course, in this traffic accident responsibility, you are the main responsibility, the other party is the secondary responsibility, if you take the initiative to bear all the responsibility, the other party must be willing. No one will make trouble for themselves, and bear full responsibility, unless it is a last resort that cannot be shirked by the law.

You can bear your own part according to the responsibility determined by the transportation department, and as for the other party's request, it is obviously excessive, you should not agree.

You are the secondary responsibility, the other party is primarily responsible, and you have insurance, there is nothing to worry about, and the other party dies, and you will not bear the crime of causing a traffic accident, because you are secondary responsibility.

The court will divide the proportion of responsibility through the determination of responsibility for the traffic accident and the specific details, such as he 7 and you 3

Then you are responsible for 30% of all the losses that occur in this traffic accident, depending on the actual situation to see that the other party is not old, the single death compensation is 530,000, you need to be responsible for 10,000, this is an example, you calculate yourself, and don't forget that your property damage The deceased has to pay you 70%, you have to calculate all of them, and you will pay 30% of the losses of both of you, but if the court sentences you 2 he 8, then you had better have commercial insurance, It's not fun if it's a strong risk.

If you are not familiar with the law, hire a lawyer.

Compensation can be seen in the judicial interpretation of personal injury compensation, which stipulates the items of death compensation, and the compensation standard varies from place to place, because of the accident in Beijing, if the plaintiff lives in Beijing, the compensation according to the Beijing standard can be consulted with a lawyer in Beijing.

Because your case is on the 14th, it is best to prepare the evidence now and consult first, and if you feel that the lawyer's plan is reliable, you can consider entrusting a lawyer**.

When consulting a lawyer, you must bring the other party's complaint, evidence, and evidence you can provide.

If the traffic accident dispute involves a large amount of compensation and you do not have an insurance company responsible for the main compensation, it is recommended that you entrust a lawyer** to go to the court to read the case file and collect the evidence of the other party, and judge whether the compensation amount claimed by the other party is reasonable according to the evidence.

In this case, you have been identified as secondary liability in the accident determination letter, and in order to exclude your liability, it is best to hire a lawyer to prove that you did not "drive in a serpentine manner" as stated in the other party's complaint.

Hello, what is the reason for the other party to sue you.

What is the claim?

The time limit for litigation for compensation for traffic accidents is three years, and the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Where the law provides otherwise, follow those provisions. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application.

"Traffic accident compensation items" refers to the items included in the compensation given by the perpetrator to the victim in a traffic accident, mainly including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, death compensation, and mental injury solace.

1. Medical expenses. Medical expenses include the expenses paid by the parties for the injury and illness, such as examination fees, examination fees, surgery fees, medical expenses, hospitalization fees, cosmetic surgery fees and follow-up expenses. 2. Lost time pay.

3. Nursing fees. 4. Transportation expenses. The transportation expenses are calculated based on the actual expenses incurred by the parties and the necessary escorts for medical treatment or hospital transfer**, as well as the relatives of the deceased (no more than three persons) who participated in the handling of the fatal accident.

5. Accommodation fee. The actual accommodation expenses incurred by the parties themselves and their escorts from other places to the city to deal with traffic accidents. 6. Hospitalization meal subsidy.

7. Nutrition expenses. Nutrition expenses refer to the expenses incurred by the person concerned in purchasing nutritional products other than the daily diet in order to assist ** or make the body as soon as possible**. 8. Disability compensation.

Is there anything else you would like to ask? I can help you out!!

Can you describe it in detail, and I can analyze it for you!!

I wish you a happy life and a happy family! Trouble to give a thumbs up, thank you!

Legal analysis: if the other party is primarily responsible for the traffic accident and the party is secondarily liable, the proportion of responsibility should be determined, for example, if the loss is 10,000 yuan, the other party bears 80%, and if the other party bears 20%, the other party compensates 8000 and 2000 by itself.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents

Article 82 Where a road traffic accident constitutes a crime and the driver's motor vehicle driver's license shall be revoked in accordance with law, the traffic management department of the public security organ of the city divided into districts shall revoke the motor vehicle driver's license in accordance with law after the people's court has made a guilty verdict. At the same time, if there is an escape situation, the traffic management department of the public security organ shall, at the same time, make a decision in accordance with the law that the motor vehicle driver's license shall not be re-obtained for life.

Article 83 If a professional transport unit has two accidents that kill three or more people within six months, and the unit or the driver of the vehicle bears full or primary responsibility for the accident, the traffic management department of the public security organ where the professional transport unit is located shall, after being approved by the traffic management department of the public security organ of the city divided into districts, make a decision to order the elimination of the potential safety hazard within a time limit, prohibit the motor vehicle that has not eliminated the potential safety hazard from driving on the road, and notify the people at the place where the road traffic accident occurred and the place where the transport unit is located** Relevant administrative departments.

Article 84 The parties may resolve disputes over compensation for road traffic accident damages in the following ways:

1) Apply to the People's Mediation Committee for mediation;

B) apply to the traffic management department of the public security organ for mediation;

3) Initiating a civil lawsuit in a people's court.

In the event of a traffic accident, the other party is primarily responsible for the handling of the sub-responsibility as follows:

1. The main responsibility bears 70% of the compensation liability, and the secondary liability bears 30% of the compensation liability;

2. In the case of a traffic accident between a motor vehicle, a non-motor vehicle or a pedestrian, the motor vehicle party shall bear 80% of the compensation liability, and if the motor vehicle party is secondarily responsible, it shall bear 40% of the compensation liability.

What are the elements that should be present in the composition of a traffic accident?

1. It must be caused by a vehicle, including motor vehicles and non-motor vehicles, and a traffic accident cannot be constituted without a vehicle, for example, a collision between a pedestrian and a pedestrian in the course of travel does not constitute a traffic accident;

2. It occurs on the road, including squares, public parking lots and other places used for public traffic;

3. If the vehicle is in a complete stop state, the pedestrian takes the initiative to collide with the vehicle or the passenger gets on and off the car in the process of crowding, falling, and ** accidents, it is not a traffic accident;

4. There is an incident;

5. There must be damage to the consequences.

Legal basisArticle 46 of the Provisions on Procedures for Handling Road Traffic Accidents.

After the traffic management department of the public security organ seizes the traffic hit-and-run vehicle or the traffic hit-and-run suspect, it shall revoke the investigation notice according to the original scope, and revoke the control through the national motor vehicle investigation and control system.

The other party of the traffic accident is mainly responsible for our secondary liability for compensation: the main liability bears 70% of the compensation liability, and the secondary liability bears 30% of the compensation liability. However, in the case of a traffic accident between a motor vehicle, a non-motor vehicle or a pedestrian, the motor vehicle party shall bear 80% of the compensation liability, and if the motor vehicle party is secondarily responsible, it shall bear 40% of the compensation liability.

Legal basis

Article 46 of the Provisions on Procedures for Handling Road Traffic Accidents.

The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.