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If there is vehicle insurance, the owner, driver and insurance company of the vehicle involved in the accident can all be sued together, and the insurance company that underwrites the accident will first compensate within the limit of liability, and the perpetrator will bear the shortfall.
Traffic accident compensation generally includes the following:
If the victim is injured but not disabled, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, etc.
If the victim is disabled due to injury, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, compensation for mental damages, and necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
According to Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents, where a motor vehicle insured with both compulsory third-party liability insurance (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") causes damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:
1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;
2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;
Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.
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According to your account, the perpetrator should have been found, and if no compensation agreement can be reached, then the only way to file a lawsuit is to go to court;
The purpose of detaining the car is also to compensate, and we can't detain the car directly; If it is at the time of the incident, out of private remedy, the vehicle can be stopped, and the traffic police department can be requested to intervene to fix the evidence and determine responsibility.
If you sue the court, the court will not detain the car, but can only determine the liability, and if it is unable to compensate, the car may be auctioned, sold, etc.
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Hello, the victim should report to the police in time.
Road Traffic Safety Law of the People's Republic of China (Amendment).
Article 101 Whoever violates the provisions of road traffic safety laws and regulations and causes a major traffic accident that constitutes a crime shall be investigated for criminal responsibility in accordance with law, and the traffic management department of the public security organ shall revoke the driver's license of the motor vehicle.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China
Article 92 Where a party escapes after a traffic accident occurs, the party who escaped bears full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated. Where parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility.
Extended information: Compensation for losses to third parties after a hit-and-run.
In the case of a hit-and-run, compulsory traffic insurance should compensate the third party for its losses. However, commercial insurance generally does not compensate for hit-and-runs.
In any of the following circumstances, the insurance company shall pay the rescue expenses within the limits of the compulsory insurance liability for motor vehicle traffic accident liability and shall have the right to recover compensation from the victim:
1) The driver has not obtained driving qualifications or is intoxicated;
2) The accident is caused during the theft and robbery of the insured motor vehicle;
3) The insured intentionally causes a road traffic accident.
In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.
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If the car is hit by the other party and hit-and-run, you must report the case first, and then let the traffic police come and solve the case.
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Hello! I'm glad to have your question, read your problem description, your car was hit, the perpetrator escaped, at this time to call the police immediately, the public security and traffic police can try, if these two police can help you find the perpetrator, then it will be faster to find, and there is to report to the insurance company, I hope mine can help you, I hope you can.
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If your car is hit and the other party hits and runs, then you still call the police to deal with it, and the other party needs to pay full responsibility.
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Alarm. The car was hit and the other party escaped? The getaway car is fully responsible, you can rest assured that the police will call the police and the police will find the hit-getaway car.
In addition, the police should also report to the insurance company to avoid unnecessary losses.
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Call the traffic police, and then call up the dash cam and the nearby camera, the monk can't run the temple, and will soon be caught by the traffic police.
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In this case, call the police as soon as possible, call the police, and let ** deal with it.
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After calling the police, wait for the notification of the accident department, you can also check through the nearby camera and take a photo record, and then go to the accident department to show them, if there is no camera record, then call the police and wait for ** to notify you.
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Call the police! Just leave this matter to the police. Full responsibility for the hit-and-run.
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Call the police immediately and let the police take care of the matter, you just need to help the police take care of the matter.
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Call the police and find an insurance company. There is no other way.
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If the sports car is hit and hit-and-run, the party who was hit should immediately report to the police. After calling the police, the traffic police will go to the scene to investigate, and then the fleeing party will be investigated and the responsibility will be determined in accordance with the law. Once the fleeing party is found, it can be held accountable for the accident.
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First of all, you should collect evidence in time, then call the police, cooperate with the police to provide evidence, cooperate with the investigation and collect evidence, wait for the results, and at the same time report to the insurance company.
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If you encounter such a thing, you can call the police, and the traffic police should be able to find that person through monitoring, and if you really can't find it, you can find the insurance company to deal with it.
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Of course, I called the police, and I did my best to provide clues for the police.
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Legal Analysis: The victim shall promptly report to the police.
Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Whoever escapes after causing a nuclear transport accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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1. Handling of traffic hit-and-run acts where the previous conduct did not constitute a crime.
If the perpetrator only causes minor injuries or injuries to the victim or only causes the death of livestock (such as pigs, cattle, sheep, etc.), the amount of property loss is not large. At this time, if the perpetrator's escape behavior itself does not cause other serious consequences, the perpetrator does not constitute a crime, and the perpetrator may be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ in accordance with the provisions of Article 99 of the Road Traffic Safety Law, and may be detained for up to 15 days.
II. Handling of traffic accidents that constitute a crime and fleeing without causing serious consequences.
If the perpetrator drives illegally and causes a major traffic accident, resulting in serious injury, death or major damage to public or private property, the perpetrator has constituted the crime of causing a traffic accident, and at the same time, the perpetrator has fled by car in order to avoid legal prosecution, but no serious consequences have been caused by the escape. This situation meets the aggravating circumstance of "fleeing after a traffic accident" as provided for in article 133 of the Criminal Law, and the perpetrator shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. There are generally three types of situations in which an escape does not cause serious consequences:
1. The perpetrator fled after causing a traffic accident, and the victim was promptly rescued by others and was out of danger, thus not causing death or serious disability.
2. Although the victim's death occurred in the process of escaping, there is no causal relationship between the escape and the victim's death.
3. The perpetrator caused serious injuries to another person, but there is no real danger of causing death.
III. Handling of traffic hit-and-run cases of fatality.
Article 5 of the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents", adopted at the 1136th meeting of the Adjudication Committee of the Supreme People's Court on 10 November 2000, stipulates that "death due to escape" refers to a situation in which the perpetrator flees after a traffic accident in order to avoid legal prosecution, resulting in the death of the victim due to lack of assistance. This defines the specific scope of death caused by escape. There are generally the following situations in the practice of judicial practice and late practice:
1. Failure to intervene in the perpetrator's other harmful acts, i.e., the situation of simply fleeing and causing death after a traffic accident.
3. Where, after a traffic accident, in order to evade legal prosecution, the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident, causing the victim to die or be seriously disabled because he is unable to receive assistance, he shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with the provisions of article 232 and paragraph 2 of article 234 of the Criminal Law respectively.
4. Where the perpetrator escapes after causing a traffic accident, and intervenes in the perpetrator's "harmful" conduct during the escape, such as dragging the injured person to escape and intentionally going to a car to run over a person, throwing the victim into the water, causing serious injury or death, this conduct shall be found to be the crime of intentional injury or intentional homicide, and the perpetrator shall be punished for the crime of intentional injury or intentional homicide and the crime of causing a traffic accident. However, it should be noted that since the act of fleeing has become a constitutive element of the crime of intentional homicide, it should no longer be regarded as an aggravating circumstance of the previous traffic accident crime, otherwise it violates the "principle of prohibiting the repeated evaluation of an act".
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1. This behavior is a traffic hit-and-run. 2. Traffic hit-and-run refers to the act of the perpetrator who has the following circumstances in a traffic accident and flees because he or she evades legal prosecution: (1) One person is killed or three or more people are seriously injured, and the perpetrator bears full or primary responsibility for the accident; (2) If there are three or more deaths, the person bears equal responsibility for the accident; (3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 300,000 yuan.
4) Driving a motor vehicle after drinking or taking drugs, causing serious injury to one or more people, and bearing full or primary responsibility for the accident; (5) Driving a motor vehicle without driving qualifications and causing serious injury to one or more persons, and bearing full or primary responsibility for the accident; (6) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety parts, causing serious injury to more than one person, and bearing full or primary responsibility for the accident; (7) Knowingly driving a motor vehicle without a license or scrapped and causing serious injury to one or more people, and bearing full or primary responsibility for the accident; (8) Seriously overloaded driving and causing serious injury to more than one person, and bearing full or main responsibility for the accident.
Paragraph 1 of Article 112 of the Provisions on Procedures for Handling Road Traffic Accidents, traffic hit-and-run; It refers to the act of driving or abandoning a vehicle to flee the scene of a road traffic accident and absconding and hiding in order to evade legal responsibility after a road traffic accident.
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Legal Analysis: The victim shall promptly report to the police.
Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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Contact the traffic police first, see a doctor, wait for the traffic police to deal with the results, and if you are not satisfied, you can appeal or sue in court. It is mainly to see a doctor in the early stage, remember to call the police as soon as possible.
Can you be sure that there are no fractures? Then, within 24 hours, the ice cube compress, after 24 hours, you can use safflower oil or Yunnan Baiyao aerosol according to the instructions, warm compress during use, or bake electricity. It's going to get better faster.