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Legal Analysis:1. First, report the case to the insurance company of the party fully responsible. 2.The staff of the insurance company shall conduct an investigation in a timely manner, and the fully responsible party shall fill in the claim form. 3.The insurance company reviews the claim form. 4.After the approval is passed, the claim will be settled.
Legal basis: 1. Article 22 of the "Procedures for Handling Road Traffic Accidents" where the parties reach a consensus through consultation, they may pay compensation for road traffic accident damages in the following ways:
a) the parties themselves indemnify;
2) Claim compensation for losses from the insured insurance company or road traffic accident insurance claim service place.
Where the parties fail to perform after reaching an agreement through negotiation, they may apply to the people's mediation committee for mediation, or file a civil lawsuit in the people's court.
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1. How to deal with the other party's full responsibility in the event of an accident in the car.
1. The other party is fully responsible for the accident of the car and the other party is dealt with as follows:
1) Negotiate and deal with the issue of compensation, on the premise that the compensation for losses is clear;
2) Compensation can be mediated by the traffic police, and if the negotiation fails, it can be handled by litigation;
3) The litigation handling is more complicated, and a lawyer can be asked to handle it with full authority.
2. Legal basis: Article 1213 of the Civil Code of the People's Republic of China.
If the damage caused by a traffic accident of a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
Article 1214.
If a motor vehicle is assembled or has reached the scrapping standard is transferred by sale or other means, and the damage is caused by a traffic accident, the transferor and the transferee shall be jointly and severally liable.
2. How to compensate for the full responsibility of the other party in the traffic accident.
The standard of full liability compensation for traffic accidents is as follows:
1. Medical expenses. It is determined on the basis of the receipt vouchers for medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates;
2. Lost time pay. It is determined on the basis of the victim's lost time and income status;
3. Nursing fees. It is determined according to the income status of the nursing staff, the number of nursing personnel, and the duration of nursing care;
4. Hospitalization meal subsidy. It can be determined with reference to the standard of business trip meal allowance for general staff of local state organs.
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In the event of a traffic accident, the traffic police department will issue a letter of responsibility. If it is stated in the determination that one party bears full liability, one party shall be liable for compensation. Generally, Du Minhu, the owner of the axle loss, has bought insurance, and can go to the insurance company to settle the claim with the liability determination issued by the traffic police department.
If a person dies in a traffic accident, he also needs to bear certain criminal liability.
Article 70 of the Road Traffic Safety Law of the People's Republic of China.
The traffic management department of the public security organ shall, on the basis of the traffic accident scene inquest, inspection, investigation and relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
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In the event of a traffic accident, the other party is fully responsible for the handling of the situation: the traffic police department issues a certificate of responsibility for the accident to determine the full responsibility of the other party, and then claims compensation from the other party according to the loss. If you are fully responsible, you will bear all the liability for compensation, and the insurance company will compensate in advance within the limit, and the insufficient part will be borne by the perpetrator.
Article 73 of the Road Traffic Safety Law stipulates that the traffic management department of the public security organ shall, based on the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner as evidence for handling the traffic accident.
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Traffic accidents: The other party's handling method of full responsibility shouts and fingers. As follows: 1. The traffic police issue a traffic accident liability determination letter, and after determining the full responsibility of the other party, the party who is not responsible can request compensation from the other party; 2. Compensation can be determined through negotiation between the two parties; If the two parties are unable to reach an agreement on compensation through negotiation, they can reach a mediation agreement to deal with the compensation issue by applying for mediation by the traffic police; The issue of compensation can also be dealt with by filing a lawsuit directly with the people's court.
Article 74 of the Road Traffic Safety Law of the People's Republic of China In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request the traffic management department of the public security organ to mediate, or may directly file a civil lawsuit with the people's court. 02 After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.
Generally, if the car is involved in an accident and collision, if it is not handled, it should be towed to the parking lot, you can refer to it.
1. The scene of the accident.
1) When a traffic accident occurs, the owner must turn on the vehicle's hazard warning lights as soon as possible, and set up a hazard warning sign behind the car. The advantage of this is to prevent a rear-end collision with a vehicle behind you, so as to ensure the safety of the people in the car and the vehicle itself. >>>More
If there is a traffic accident claim in a group tour, you can find the insurance company to settle the claim and the travel company if you have travel accident insurance. >>>More
If the other party is a private car, there is no transportation fee during the repair period. >>>More
It is recommended to report to the police immediately.
Regulations on Procedures for Handling Road Traffic Accidents >>>More