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It is not very clear who your brother fought with, whether someone hired him, or did he do a favor?
If your brother has an employer, you can be liable for compensation in accordance with Article 11 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. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.
The employer is required to bear the responsibility.
If that's the case, you're your brother's employer, and you're legally liable to pay compensation, and you can recover from the person who hit you after you pay compensation. You can also directly ask the person who hit someone to take responsibility. Your brother had an accident while working at his house, and he should pay for this part of the inspection fee.
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If you can't prove that your brother was beaten, then you will definitely have to pay a part of the cost, according to the legal responsibility that both parties should bear, but if you can't prove that your brother was beaten, I think you will bear most of the cost.
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It is best to negotiate a settlement.
It depends on whose responsibility it is!
Generally speaking, the foreman should be responsible!
The injuries were not serious.
It's best to negotiate a settlement.
1st floor**.
Don't believe it!
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Negotiate a settlement, don't easily hire a lawyer to fight a lawsuit, and the lawyer's time to try for money will not be wasted.
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According to the forensic examination, minor injuries can be adjusted within the scope of adjustment, such as compensation for medical expenses, lost work expenses, etc. If it is identified as a minor injury, then criminal responsibility will be investigated, and the arrest and sentence will be approved in accordance with the law.
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In general, no matter who starts a fight first, only the consequences are remembered, and those who cause injury to the other party must bear certain legal responsibility, compensation, fines or detention, and criminal responsibility if the circumstances are serious.
Public Security Administration Punishment Law Article 43 Whoever assaults another person, or intentionally injures another person's body, shall be detained for not less than 5 days but not more than 10 days and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
Possessed with the power to decide on detention.
As you said, your relative did not cause harm to the other party, and there are also problems in determining the facts, and the examination fee of 2,000 yuan is indeed a bit unreasonable. You can file an administrative reconsideration or an administrative lawsuit to settle the case.
In addition, very reluctantly, it is better to find a relationship.
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You said that he hit your relative's head first, then your relative will call the police directly and it will be over, and go directly to the hospital for examination, because he hit people first, you will say that you are **** uncomfortable, this is all up to you, do you just let him beat it in vain, it is the people themselves who are not happy, right, see how to solve the problem, this is not the era of countering violence with violence, the legal society.
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Others owe me money for fertilizer, my wife asked for it, he cheated, there was a quarrel, my wife slapped him, he went to the hospital for six days, and now he sues me to pay him for medical bills, should I pay?
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a. If the other party is at fault, the liability of both parties should be reduced.
b. Personal injury compensation items and standards: The compensation obligor shall compensate for the expenses incurred for medical treatment and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
c. 1. Medical expenses shall be determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.
2. The compensation for lost time is determined according to the victim's lost time and income.
The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.
If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.
3. The nursing fee is determined according to the income status of the nursing staff, the number of nursing staff, and the nursing period.
Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.
The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years.
The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.
4. Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or transfer. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment.
5. The hospital meal subsidy can be determined with reference to the business trip meal subsidy standard for general staff of local state organs.
If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.
6. The nutrition fee shall be determined according to the victim's disability with reference to the opinions of the medical institution.
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Let's see if the two sides want to be public or private.
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It depends on who is primarily responsible, and if the other party is primarily responsible, it is the other party.
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Whether you are injured or not is based on the objective examination results, not a subjective decision, you don't have to worry about him, there will be no problems, and all expenses will be paid by him (except for the examination fee).
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Hello, how did you solve this matter Later, I also encountered this kind of thing.
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If there is no substantial proof in his medical records that he has been beaten for something, you are not responsible. If the hospital issues a certificate saying that there is something wrong here and something wrong there, that's enough for you...
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Static braking. Ignore it, let him file a civil lawsuit, and the court will make you bear the reasonable costs.
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You can hire a lawyer, they scam you.
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Yes, and he can be warned for extortion.
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You can go to the insurance company or the road traffic accident insurance claim service place to handle the damage compensation.
According to Article 22 of the Provisions on Procedures for Handling Road Traffic Accidents, if the parties reach an agreement through negotiation, they may perform the compensation for road traffic accident damages in the following ways: the parties shall compensate themselves; Go to the insurance company or road traffic accident insurance claim service place to handle the damage compensation.
Where the parties fail to perform after reaching an agreement through negotiation on their own, they may apply to the people's mediation committee for mediation or initiate a civil lawsuit in the people's court.
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Lost time and transportation expenses can support the claim, but depreciation expenses do not support the claim.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases:
Article 17. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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You need to report to the traffic police first, then look at the other party's insurance company, wait for the traffic police accident certificate, and then the other party's insurance company will check on the spot, and then go to the designated place to assess the damage, and after the damage assessment is completed, the car will be repaired, and then the insurance company will find the other party to settle the claim.
1. Report the case. 1. After the accident, keep the accident scene and immediately report to the insurance company of the vehicle;
2. If the third-party loss is road facilities or the third-party loss is a vehicle, it is necessary to report to the traffic police department;
2. On-site processing-
1. The personnel of the insurance company arrive at the scene and issue the "Investigation Report".
2. The traffic police department arrived at the scene and issued the "Accident Identification Certificate" on the spot
3. Third-party repair.
1. If the third party is not a motor vehicle, it is best to require the insurance company personnel to directly reach a loss verification recognized by the three parties (the third party, the insurance company, and the car owner) when dealing with the scene.
Reminder: If you do not have the permission of the insurance company, you can promise the third party about the amount of the claim, and the insurance company has the right to overturn it, and if there is a gap between the re-approved ** and the requirements of the third party, the gap will be borne by the car owner.
2. If the third party is a motor vehicle, it should be divided into the following two situations:
Clause. 1. If the third party agrees to go to the repair shop selected by the car owner with the car owner for repairs, there is no need to pay any cash to the third party on the spot!
Clause. 2. If the third party asks to go to the repair shop of their choice for repair, that is to say, the third party will go to a different repair shop with the owner to repair the vehicle, the third party may require the owner to pay a part of the repair cost at the scene of the accident, or a deposit or deposit, (because I am worried that the owner will not be able to find the owner afterwards or the owner will not admit the account afterwards), remember:
1. Pay money on the spot, and be sure to make a receipt;
2. It is more appropriate to pay half of the repair cost (because there may also be a situation where the third party will not recognize the account afterwards).
Reminder 1: After the repair of the third-party vehicle, the owner must first deliver the repair fee to the third party or the repair shop of its choice, and then get the third-party repair invoice and maintenance details before the insurance claim, if the third party does not provide relevant information or cannot find the third party, the third party's maintenance cost insurance company can not pay.
Reminder 2: Although it is mentioned above that a third party is required to issue a receipt when paying money on the spot, although such a receipt cannot be used as a basis for compensation, this kind of receipt can at least avoid the situation that the third party does not admit the payment afterwards.
Fourth, vehicle damage assessment and repair.
1. Send the damaged vehicle to the damage assessment center and notify the insurance company at the same time to assess the damage;
2. Repair the car in the repair shop;
3. The owner picks up the car.
5. Submit documents for claim.
Claim: Collect the claim information and submit it to the insurance company for claim procedures.
6. Loss adjustment.
After receiving the complete claim documents, the insurance company will make adjustments to finalize the final payment amount.
7. Compensation: The financial personnel of the insurance company shall transfer the compensation to the designated account of the car owner according to the amount calculated by the claims adjuster.
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I guess you're a novice.,Whoever is strong in this thing can get their hands on it.。 The insurance law does not stipulate lost work expenses, transportation expenses, depreciation expenses, etc., if you are very strong, he estimates to give you, if you can't do it yourself then don't ask for it, if you want it or not, he just needs to repair your car as it is. You must have hit the insurance company**, the next time something like this happens, tell you a way.
Don't hit the insurance company**, get out of the car first to scare him, let him lose money, it's hard to say anything if he's out of danger, and don't sign the traffic police rules and it's okay, you have to act according to the law if you sign, it is estimated that the compensation you want is 9 percent useless.
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First of all, the car repair part: to see whether the other party has bought insurance, if you buy insurance, you need the insurance company to go to the first scene to take pictures, and then the insurance company will make a claim. If you don't have insurance, then let the other party go to the SSSS shop for repairs, and the other party will bear all of them.
Then there is the cost of lost time and transportation, if your vehicle is not a commercial vehicle, the cost of lost time and transportation should be counted together, for example: it takes 3 days to repair the car, you estimate how much it will cost you to rent a vehicle of the same level and use the car for these 3 days. This amount is the cost of lost work and transportation.
If it is a commercial vehicle, then you need to calculate how much money is lost in these days, and use the lost money as a lost time pay.
Finally, there is depreciation, which depends on the degree of damage to the car, generally the rear-end collision will not be too serious, after all, there are no fatal parts in the tail, you can estimate it yourself, or go to the appraisal center for consultation.
There is no clear legal provision on this issue and it needs to be dealt with through consultation. Good luck solving the problem as soon as possible.
It's like being bitten by a dog, can you bite it back! So you want to open a point.
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