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After a traffic accident, did the traffic department deal with it? If it hadn't been dealt with at the time, it wouldn't have been easy.
Prosecution is the last step in dealing with traffic accidents. You may not have been prosecuted in this case, so how can you appeal. File a lawsuit with the local people's court first.
1. After a traffic accident, if there is no person, the parties have no dispute about the facts and causes, or only cause minor property losses, and the basic facts are clear, they can negotiate to deal with the damage compensation and evacuate the scene. If there is a dispute over the facts and causes, the scene must be protected, and 122 must be quickly called to report to the traffic police. If the vehicle is insured, the insurance company should be notified in time to go to the scene.
2. After receiving the instructions, the police on duty must quickly rush to the scene within the time promised and quickly dispose of the scene.
3. Carry out on-site investigation, including on-site visits, photography, drawing, measurement, inspection and other series of work.
4. After the on-site investigation record is reviewed, the parties or witnesses shall be required to sign on the on-site map.
5. For the purpose of inspection, the vehicle and the relevant documents of the parties may be detained if necessary.
6. Make an appointment with the parties for accident handling.
7. The post-investigation must be conducted in accordance with the law, including inquiry (interrogation), trace extraction inspection, technical testing, damage assessment and other necessary appraisals.
To sum up, if a traffic accident may lead to a person, and the issue of compensation cannot be resolved, litigation is the last resort. The process is the same as that of ordinary civil cases, the victim prepares a complaint, and after the court accepts it, the parties participate in the trial, and after receiving the judgment, if they have any objections to the amount of compensation for the accident, the parties can also appeal.
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Last year's event: If you think about the lawsuit, you may have remediated it, because the statute of limitations has expired, and the court will not accept it, because the lawsuit should be filed in the year when the lawsuit occurred.
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If both of you have solved it at one time, you will reach a consensus, and the traffic accident will be settled, and now there is a problem that you want to continue to solve, it seems that it is difficult.
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As long as you keep the evidence. There is enough evidence to prove it. Your losses in this traffic accident are irreparably compensated by the other party, and it is greater than the amount of money compensated by the other party. You can apply for supplementary compensation from the other party.
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You can sue to solve it, but you have to collect evidence and go directly to the court to sue and solve it with the ** traffic accident liability determination.
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However, the 15-day appeal period can be appealed, and there is no right to appeal after the expiration date.
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You can sue and demand compensation for medical expenses, lost work expenses, transportation expenses, etc.
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The law stipulates that the appeal period is 15 days, otherwise it will be invalid. You can try to solve it through other channels.
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A lawyer can be appointed to sue for compensation.
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Summary. According to the analysis of China's laws, compensation for toe fractures caused by car accidents can be calculated in accordance with the items and standards stipulated in Article 17 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 and related articles.
The relevant provisions of the Interpretation of the Supreme People's Court of the People's Republic of China on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulate that disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
1. Level of compensation - the level of personal injury and disability of the victim.
2. Compensation period - the calculation method of the applicable compensation period is different for those under 60 years old, 60 to 75 years old, and 75 years old and over 75 years old.
How much can you pay for a broken toe in a traffic accident?
Dear, you're happy to have this question for you, oh <>
How much can be compensated for a broken toe in a traffic accident, and the compensation of 10,000 yuan for a broken toe in a car accident is compensated according to the relevant laws and regulations of our country.
According to the analysis of China's laws, compensation for toe fractures caused by car accidents can be calculated in accordance with the items and standards stipulated in Article 17 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 and related articles. The relevant provisions 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 stipulate that the compensation for the disability of the disabled grandson shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.
However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. According to the above-mentioned relevant provisions of Chinese law, it can be seen that to determine the total amount of disability compensation, it is necessary to clarify: 1. The level of compensation - the level of personal injury and disability of the victim.
2. The calculation method of the compensation period applicable to those under 60 years old, 6 years old from 10 to 75 years old, and 75 years old and over 75 years old is different.
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Fracture is a frequent phenomenon of injury caused by traffic accidents, which refers to the partial or complete fracture of the victim's bones due to the impact or crush of the accident vehicle at the time of the accident. Fractures need to be treated promptly and correctly, otherwise irreversible consequences will occur.
After the injured person is sent to the hospital for acceptance**, the fractured part can be healed by immobilization and other measures, and medical expenses, nursing expenses, nutrition expenses and other expenses will be incurred during this period. If the degree of the fracture meets the disability standard stipulated in the "Assessment of the Disability Degree of Persons Injured in Road Traffic Accidents", the victim can also claim disability compensation according to the size of the disability level after the disability level has been identified.
In terms of the standard of compensation for expenses, in accordance with the provisions 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, it may include the following:
Medical expenses. The receipt vouchers for diagnosis and treatment fees, medical expenses, hospitalization fees, etc., issued by the medical institution that accepted the injured person**, are to be determined in combination with relevant evidence such as the injured person's medical records and diagnosis certificates.
Lost time pay. Lost time is the loss caused by the injury of the accident and the loss of work, and the loss of time pay is determined by the time of lost time and income status. Cases of lost time that are not disabled shall be determined by the hospital certificate, and the case of disability shall be calculated to the day before the determination of disability.
3.Nursing fees.
It is determined by the income status and number of people who care for fractures, and the length of care. In terms of income, it can be calculated according to the standard of lost work pay, and if there is no income or nursing care, it shall be calculated with reference to the labor remuneration standard of local occupational nursing workers engaged in the same level of nursing; In principle, the number of nurses is 1; The duration of nursing care is generally subject to the opinion of the medical unit.
4.Nutrition fees.
Nutrition is usually recommended by the doctor for fracture injuries, so nutrition compensation is more common in fracture cases. The statutory standard of nutrition expenses shall be determined with reference to the victim's disability and the opinions of the medical institution. How much does a car accident fracture generally pay?
5.Disability compensation.
Fractures can lead to disability, for example, according to the Assessment of the Disability Degree of Persons Injured in Road Traffic Accidents, fractures above 4 ribs can constitute a grade 10 disability. Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. Follow Guohui Law Firm on WeChat to get more legal information!
Other compensation items, such as solatium for moral damages, are determined by the specific circumstances of the case.
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There are many items of compensation for traffic accidents, including medical expenses, lost work expenses, hospital meal allowances, nutrition expenses, nursing expenses, disability compensation (after disability assessment), and so on.
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This has to be seen in many ways. It's hard to say that. It depends on the details.
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The hospital receipt invoice shall prevail.
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It depends on what kind of insurance you buy.
Of course, it is necessary to take the legal route and sue the other driver, the car owner, and the insurance company as defendants. At the same time, you can apply to the court for property preservation of the other party (that is, a means to prevent the other party from transferring property).
Sue (lawsuit) the other party for compensation.
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