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First of all, the accident identification certificate made by the traffic police department is required. According to your statement, your wife was hit by someone else, and the other party should report to her insurance company for compensation, and the expenses incurred during the hospitalization must be the hospital invoice before you can report to the insurance company. The other party's insurance company shall pay for the medical expenses within 10,000 yuan, and the excess medical expenses shall be borne by both parties in the proportion of accident liability.
The traffic police will calculate the compensation for lost work and nursing expenses according to the damage compensation standards of various provinces and cities, and each line has different lost work expenses, so you can consult the police handling the case. Secondly, after being discharged from the hospital, the forensic doctor can conduct disability identification and determine the later medical expenses, and the specific operation requires a power of attorney from the traffic police department. If there's anything missing, you have to be more specific about what happened to the accident, and I'll try to do my best for you.
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Hello: In accordance with Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation for lost time is determined based on the victim's lost time and income.
The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.
If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed. Therefore, you can prove that the average income over three years is calculated according to the average income, and the evidence you need to provide is:
1. Business license; Second, the organization of the first certificate; 3. Tax payment certificate.
Article 21: Nursing fees are to be determined on the basis of the nursing staff's income status, the number of nursing personnel, and the duration of nursing care.
Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.
The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years.
The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.
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If you have a business license, you can compensate according to the statistical standards of the retail industry.
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Information required to apply for a traffic accident insurance claim:
1. ID card and household registration book of the injured person;
2. Road traffic accident certificate;
3. Outpatient medical records;
4. Hospital inpatient medical records;
5. Invoices for medical expenses, certificates of follow-up medical expenses, invoices for disability assistive devices, etc.
[Legal basis].Article 21 of the Regulations on Compulsory Insurance of Accident Liability for Motor Vehicle Traffic Accidents If a road traffic accident occurs in an insured motor vehicle and causes personal and property losses to the persons of the vehicle and the insured other than the insured, the insurance company shall compensate within the limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law.
If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.
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The following documents need to be submitted for traffic accident insurance claims:
1. The original insurance policy or a copy of the original insurance policy;
2. The accident liability determination letter with signature and seal issued by the traffic police at the place where the accident occurred, or the simple accident handling letter, accident mediation letter, and the certificate of the cause of the accident (if it is an accident of one party, the responsible personnel of the insurance company have gone to the scene for investigation, the material may not be provided, and if it is not a unilateral accident, the material shall be provided);
3. Formal special invoices for the automobile maintenance industry;
4. A copy of the driver's license of the motor vehicle of the person who was driving at the time of the accident, and a copy of the driver's license of the vehicle where the accident occurred;
5. Confirmation of motor vehicle insurance loss, list of confirmed repair items, list of items for replacement and update of parts;
6. Motor vehicle insurance accident accident report form, motor vehicle insurance accident claim application;
7. Motor vehicle insurance accident scene investigation record or motor vehicle insurance Qizheng Zao accident scene investigation and inquiry record (generally applicable to theft and rescue compensation cases, difficult compensation cases and compensation cases without the first scene);
8. Sketches of motor vehicle insurance accident scene investigation and related accident vehicle losses**;
9. Notice of Indemnity.
1. Precautions for traffic accident car insurance claims:
1. Don't arbitrarily take responsibility for accidents.
Some car owners think that there is an insurance company to pay, so they will take all the responsibility. In fact, insurance companies have different payout ratios depending on the severity of the car's liability.
2. Do not repair first and then reimburse.
Some car owners find a repair shop first after the accident in order to save time and trouble, and then find the insurance company for reimbursement after repairing the car. In fact, if the car owner does not report to the insurance company and starts to repair the vehicle, the insurance company believes that the repair cost is higher than the cost of damage assessment, and the difference will be borne by the car owner.
3. Entrust the repair shop to settle the claim carefully.
For the sake of convenience, some car owners do not contact the insurance company directly after an accident, but quietly entrust the claim to a more familiar repair shop. This behavior is very risky, some repair shops will let the car owner take some "crooked ways" to achieve the purpose of compensation, and if these "crooked ways" are verified by the insurance company, the car owner not only needs to bear their own responsibility, but also leave a bad record in the insurance company.
4. There is a limit to the scope of deductible.
Even if you have deductible insurance, you may not be able to get the full amount of your claim. In order to prevent moral hazard, insurance companies will set separate deductibles for some specific accidents, and these deductibles are not included in the scope of deductibles. For example, if there are multiple accidents, driving beyond the range and incomplete claim documents, etc., the insurance company will generally deduct the free odds.
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The original of the following materials should be provided for the traffic accident claim information: (1) the injured person's ID card, household registration booklet, and proof of residence in Hangzhou (if any); 2. Road traffic accident certificate; 3. Outpatient medical records; 4. Hospital inpatient medical records; (5) Medical expense invoices, follow-up medical expense certificates, and disability assistive device invoices; (6) Medical diagnosis certificate, labor contract, salary slip or income certificate, individual income tax payment certificate, and salary deduction certificate (if any) for rest and missed work; 7) Proof of need for care, invoices or receipts for nursing expenses; 8) Bills for payment of liquid service key pass fee and accommodation fee; (9) Diagnosis certificate of need for nutrition (if any); 10) Forensic certificate and invoice for appraisal fee (if appraised); 11) Household registration book of minor children or elderly parents, and household registration certificates of family siblings (if any) as appropriate; 12) Provide other materials as appropriate. You can pay the other party according to 70% of the loss, if you are not satisfied with the accident certificate, it is not to change it, but you should submit a review to the higher traffic police department within three days of receiving the certificate, and determine whether it can be changed according to the review results.
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In the event of a traffic accident, if the insured motor vehicle is involved in a road traffic accident, the insured shall apply to the insurance company for compensation of 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 proof and materials related to the compensation that need to be provided to the insurance company.
1. What is the process of compulsory liability insurance claims?
The process of settling a claim under compulsory liability insurance: the insured or the victim notifies the insurance company and applies for compensation for the insurance money, and the insurance company shall verify whether it is an insurance liability and notify the insured of the result; If it is not an insurance liability, it shall be photographed before the absence of the document to explain the reasons; For those who are liable for insurance, the insurance money shall be compensated within 10 days after reaching an agreement with the insured to compensate the insurance money.
2. How to settle claims for compulsory traffic insurance.
1. After receiving a report from the insured or the victim, the insured or the victim shall inquire about the relevant circumstances and immediately inform the insured or the victim of the specific compensation procedures and other relevant matters. 2. The insurer shall make a detailed record of the reported situation and enter it into the business system for unified management. 3. In the event of a traffic accident involving the insured motor vehicle, the insured shall apply to the insurer for compensation of insurance money.
The insurer shall, within one working day from the date of receipt of the compensation application, inform the insured in writing of the certificates and materials related to the compensation that need to be provided to the insurance company in the form of a claim notice.
Third, the car is repaired and the money is made up, why there is no claim form.
Under normal circumstances, the insurance company shall, within 5 days from the date of receipt of the certificate and materials provided by the insured, verify whether it is an insurance liability and notify the insured of the result. Within 10 days after reaching an agreement with the insured to compensate the insurance money, the insurance money will be compensated. The car is repaired and the claim payment has not come down, and the party can ask the insurance company.
Article 28 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability.
If the insured motor vehicle is involved in a road traffic accident, the insured shall apply to the insurance company for compensation for insurance benefits. The insurance company shall, within one day from the date of receipt of the compensation application, inform the insured in writing of the proof and materials related to the compensation that need to be provided to the insurance company.
Article 29 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability.
The insurance company shall, within 5 days from the date of receipt of the certificate and materials provided by the insured, verify whether it is an insurance liability and notify the insured of the result; If it does not belong to the insurance liability, the reasons shall be explained in writing; For those who are liable for insurance, the insurance money shall be compensated within 10 days after reaching an agreement with the insured to compensate the insurance money.
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The following documents need to be submitted for traffic accident insurance claims:
1. The original insurance policy or a copy of the original insurance policy;
2. The accident liability determination letter with signature and seal issued by the traffic police at the place where the accident occurred, or the simple accident handling letter, accident mediation letter, and the certificate of the cause of the accident (if it is an accident of one party, the responsible personnel of the insurance company have gone to the scene for investigation, the material may not be provided, and if it is not a unilateral accident, the material shall be provided);
3. Formal special invoices for the automobile maintenance industry;
4. A copy of the driver's license of the motor vehicle of the person who was driving at the time of the accident and a copy of the driver's license of the vehicle in which the accident occurred;
5. Confirmation of motor vehicle insurance loss, list of confirmed repair items, list of items for replacement and update of parts;
6. Motor vehicle insurance accident accident report form, motor vehicle insurance accident claim application;
7. Records of on-site investigation of motor vehicle insurance accidents or on-site investigation and inquiry records of motor vehicle insurance accidents (generally applicable to theft and rescue compensation cases, difficult compensation cases and compensation cases without the first scene);
8. Sketches of motor vehicle insurance accident scene investigation and related accident vehicle losses**;
9. Notice of Indemnity.
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The following information is required for traffic accident claims: 1. Insurance policy certificate. 2. The claim application issued by the insured person.
3. Valid identification of the insured and the victim, the driving license of the insured motor vehicle and the driver's license. 4. The traffic accident certificate issued by the public security traffic management department or the relevant legal documents and other certificates issued by the people's court. 5. Proof of the degree of property loss, proof of personal disability, relevant medical certificates, and relevant loss lists and expense documents.
6. Wax rubber is not others.
[Legal basis].Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability
Article 27 In the event of a road traffic accident involving a wheeled motor vehicle and the insured or the victim notifies the insurance company, the insurance company shall immediately give a reply and inform the insured or the victim of the specific compensation procedures and other relevant matters.
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