How to negotiate compensation with the party responsible for the incident? What are the compensation

The injured party may claim compensation for personal injury from the court in accordance with the law with the party responsible for the accident and the insurance company as co-defendants, and the insurance company of the party causing the accident shall first compensate within the compensation limit of the compulsory liability insurance, and the two parties shall bear the liability for compensation according to the proportion of liability in accordance with the determination of liability for the accident.

Personal injury compensation items include: medical expenses, nursing expenses, lost work expenses, hospital meal subsidies, nutrition expenses, transportation expenses, follow-up expenses, disability compensation, mental injury solace, etc.

Note: The statute of limitations for personal injury compensation is one year.

It is recommended to entrust a professional lawyer** to litigate or help calculate the specific amount of compensation to protect your legal rights to the greatest extent.

As for legal fees, you can interview with a lawyer.

After the injury is appraised, the injured party can file a lawsuit with the court as co-defendants in accordance with the accident determination to claim compensation for personal injury, and the insurance company of the party causing the accident shall first compensate within the compensation limit of the compulsory traffic insurance, and the other party shall bear the liability for compensation for the insufficient part.

This is mediation, mainly to compensate, including medical expenses, death compensation and other expenses, because it involves local per capita income data, it is recommended to find a local lawyer and calculate it well. If you fail to achieve your goal, it is a failure of mediation, and you can sue the other party and the insurance company in the next step.

It is recommended to get the liability determination first and then talk about compensation.

If the accident is public, and the driver will bear criminal responsibility for less than 3 years, the other party will definitely want to escape the sentence by taking it personally. You can use this to increase your fees.

Legal analysis: As a victim, when a traffic accident occurs, the scene of the accident should be protected, the relevant evidence should be fixed, and at the same time, the police should be called immediately, and the details of the incident will be explained to the traffic police after the police come, which is conducive to the traffic police to make a correct determination of accident responsibility, and the determination of accident responsibility is very important for the future claim of the cemetery. And notify the insurance company within 48 hours, and let the insurance company determine all the losses in the accident, so that the court will not miss the judgment when claiming compensation in the future.

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.

If the victim is hospitalized due to a car accident, the insurance company of the other party's vehicle will compensate according to the actual circumstances such as accident liability and specific losses

1. First of all, the insurance company should compensate the injured for medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, hospital meal subsidies, etc. in full within the compensation limit of the compulsory traffic insurance according to the responsibility of the accident.

2. If there is still a deficiency after being compensated by the compulsory traffic insurance, the insurance company that contracts the third-party liability insurance of the other party's vehicle can compensate according to the proportion of liability within the compensation limit.

Of course, the other party can also compensate first, and then the other party can apply to the insurance company for compensation.

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.