Take a taxi in a traffic accident and urgently need help

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In the event of a traffic accident by taxi, when determining the subject of civil compensation, the division of responsibility for the traffic accident should first be determined, which is divided into two situations according to the division of liability: one is that the carrier bears the primary responsibility, secondary liability or equivalent liability for the accident, and the carrier and the other parties to the accident constitute a joint tort and jointly infringe on the personal rights or property rights of the passengers, and both parties are the subjects of civil compensation. The second is that the carrier is not responsible for the occurrence of the accident, and the other party bears full responsibility for the accident, then there is a competition between tort liability and breach of contract liability, and the taxi passenger can require both the other party in the accident to bear the tort liability and the taxi driver to bear the liability for breach of contract.

In the event of an accident in a taxi, when claiming rights on the grounds of tort damages, whether the passenger transport taxi company should be the subject of compensation or whether the passenger transport company and the driver should jointly be the subject of compensation should be determined according to the circumstances.

1. Do I need to be responsible for being injured in a traffic accident in my car for free?

In the case of unpaid ride-sharing, if a traffic accident occurs, who should I contact to compensate for the personal and property losses of the passengers? Passengers who ride together without compensation can be divided into two situations, namely bona fide and malicious passengers, and the subject of civil compensation is different in the two different circumstances. In the case of bona fide ride-in-law, the owner of the vehicle is the subject of civil compensation, but the scope of liability of the owner of the vehicle is usually limited.

In the case of malicious co-passengers, the malicious co-passengers shall be the subject of civil compensation.

1. In the case of bona fide ride-in-law, the owner of the vehicle, as the subject of civil compensation, bears limited civil liability.

The so-called goodwill ride together means free ride. A bona fide co-passenger is a person who rides a vehicle with the owner's good-faith invitation or permission or without the owner's knowledge. When a bona fide co-passenger dies or is injured in a traffic accident, the owner of the vehicle, as the operator of the vehicle and the owner of the operating interests, naturally bears the liability for damages.

2. In the case of malicious co-passing, the malicious co-passenger shall be the subject of civil compensation.

Paragraph 3 of Article 22 of the Road Traffic Safety Law clearly stipulates that no one shall force, instigate or condone a driver to drive a motor vehicle in violation of road traffic safety laws, regulations and requirements for safe driving of motor vehicles. This kind of forced co-passenger is a malicious co-passenger, at this time, the operation of the vehicle is actually under the coercive control of the co-passenger, the driver has lost the right to control the operation of the vehicle, and is purely forced to drive for the purpose of the co-passenger, and the traffic accident that occurs in this case should be taken by the malicious co-passenger as the subject of civil compensation.

2. How to compensate for a car traffic accident.

Who will compensate for a traffic accident in a car is divided into different situations: 1. If a passenger takes a passenger vehicle, the carrier shall bear all liability for damages, except for the intentional or serious negligence of the passenger. 2. If a passenger takes another person's vehicle free of charge, the carrier shall bear the appropriate compensation liability for the loss suffered by the passenger due to an accident or traffic accident between the vehicle and other vehicles.

3. In the case of a tourist traffic accident, the victim shall claim compensation from the group company according to the liability for breach of contract, and can also request the automobile company to which the vehicle caused the accident to recover.

Analysis of the law and bank: In the event of a traffic accident by taxi, when determining the subject of civil compensation, the division of responsibility for the traffic accident should first be determined, which is divided into two situations according to the division of liability: one is that the carrier bears the primary responsibility, secondary liability or equivalent liability for the accident, and the carrier and the other parties to the accident constitute a joint tort and jointly infringe on the personal rights or property rights of the passengers, and both parties are the subject of civil compensation.

The second is that the carrier is not responsible for the occurrence of the accident, and the other party bears full responsibility for the accident, then there is a competition between tort liability and breach of contract liability, and the taxi passenger can require both the other party in the accident to bear the tort liability and the taxi driver to bear the liability for breach of contract. When taking a taxi into an accident, when claiming rights on the grounds of tort damages, whether the passenger transport taxi company should be the subject of compensation or whether the passenger transport company and the driver should be the subject of compensation should be determined according to the circumstances.

Legal basis: Article 823 of the Civil Code of the People's Republic of China The carrier shall be liable for compensation for the passengers' ** during transportation; However, unless the injury or death is caused by the passenger's own health or the carrier proves that the injury or death was caused by the passenger's intention or gross negligence. The provisions of the preceding paragraph shall apply to passengers who are exempt from tickets, hold preferential tickets, or board without the permission of the carrier in accordance with the provisions of the Vobo Kuanshi.

If a taxi accident causes damage, and the compensation right holder requests that the unit or individual operating the taxi bear the liability for the damage beyond the liability limit of the compulsory third-party liability insurance of the motor vehicle, the court shall support it.

1. First do the injury appraisal, collect the discharge summary and medical record data, and go to the qualified OC Ming Medical Appraisal Unit to do the injury appraisal, which can determine: the level of disability (if there is a disability), the estimated cost of the later stage, the time of recuperation, the nursing time and the grade, the amount of nutrition expenses, etc.

2. Based on the appraisal, you can claim from the taxi owner and the insurance company insured by the taxi: medical expenses, lost work expenses, nursing expenses, disability subsidies, living allowances during hospitalization, nutrition expenses, and appraisal fees.

3. You can first ask the taxi driver or the insurance company for compensation, and when the other party does not pay, go to the court to sue the taxi driver, his company and the insurance company, collect evidence and understand the compensation items and standards are very important to protect your interests.

1. How to deal with minor traffic accidents with socks?

1. Protect the scene from destruction, and call the traffic police and insurance companies to deal with it on the spot. It is necessary to report the license plate number, the name of the owner, the insurance policy number, the driver's name, the other party's license plate number and other information to obtain the report number.

2. The insurance company sent someone to the scene to take pictures and collect evidence.

3. The two parties will jointly drive the accident vehicle to the traffic police rapid claim center, fill in the quick claim confirmation, and submit the driving license and driver's license for inspection.

4. The traffic police accept the investigation and confirm the responsibility for the accident.

5. The claim center preliminarily estimates the accident loss, pays the maintenance fee (deposit) in advance according to the respective responsibilities of both parties, and keeps the receipt.

6. Vehicle maintenance, and retrieve the vehicle after repair.

7. Take the insurance policy to the insurance company or the claim center to obtain the loss assessment form.

8. Go to the counter of the maintenance manufacturer of the traffic police claim center to submit the damage assessment form and obtain the maintenance invoice (the deposit is refunded in advance).

9. Go to the report acceptance counter, submit the maintenance invoice, and obtain the accident responsibility confirmation.

10. Submit the accident liability confirmation, a copy of the owner's ID card, the owner's bank account number, the damage assessment form, and the maintenance invoice to the insurance company's claim center.

11. The insurance company will pay the compensation into the owner's account within 10 working days.