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Hello, to the problem you described, the lawyer replied as follows:
First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.
Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.
Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.
Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!
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The main responsibility for the car should be paid later, but both cars have compulsory insurance, and the principle of compensation for the current compulsory insurance is that the car damage is less than 2,000 yuan.
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If it is a rear-end collision, the car behind is fully responsible, if it hits the side of the car in front, it is an equal responsibility, or the car in front may be more responsible, and the traffic law stipulates that "turn and go straight".
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This accident mainly depends on the location of the collision between the two vehicles, and it seems that the responsibility for the back is greater than that of the front.
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Fight and forget it. Why bother.
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Legal Analysis: Stay calm first. Refuse to advance money, because you have the right to refuse any request from the other party before the letter of liability is issued.
This is because from a legal point of view, there is no liability determination, how do you know if you pay him or he pays you? So why are you in such a hurry to lose money? If the traffic police urge you, you can find a reason to postpone it and let the traffic police issue a letter of responsibility first.
Once you get the certificate of liability, notify your insurance company and ask your insurance company to go with you to meet the other party, and all the costs will be borne by the insurance company according to the law.
Legal basis: Article 38 of the Road Traffic Safety Law of the People's Republic of China Vehicles and pedestrians shall pass in accordance with traffic signals; In the event of on-site command by traffic police, traffic shall be in accordance with the command of traffic police; On roads where there are no traffic signals, traffic should be carried out in accordance with the principle of ensuring safety and smoothness.
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In the event of a traffic accident, the parties should keep the scene and call the police, call 120 (send to the hospital**) to treat the injured in a timely manner, and drive a motor vehicle on the road to have the principle of giving way, slowing down and stopping first.
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Riders, my answer to your question of "why do vehicles in traffic accidents have to pay fines" is as follows: In today's traffic accidents, traffic accidents are frequent due to the rapid growth of vehicles. Therefore, according to the provisions of Article 13 of the "Provisions on Procedures for Handling Road Traffic Accidents", if the person should have evacuated the scene but failed to do so, the traffic police should order the person concerned to evacuate.
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This kind of thing is up to the traffic police.
1. Fines are administrative penalties, and you will not be fined if you do not violate the rules. >>>More
According to the regulations on the handling of road traffic accidents, the person responsible for the traffic accident shall bear the corresponding liability for damages in accordance with the traffic accident responsibility. In addition, an injury appraisal should be applied for in a medical institution, and the ** certificate issued by the hospital is the basis for the other party to compensate. >>>More
It is the deposit for the aftermath of the accident, and the fee must be returned for two years, and the time limit for filing a traffic accident for general injuries is one year, but the traffic police department requires two years to close the case for the sake of insurance. When it comes to the cost of repairing your car, the insurance company has a provision that you must apply for compensation at one time, that is, you will give up the life compensation after you apply for the repair compensation, which is stipulated in the terms of the insurance. It can't be changed. >>>More
Whether motorcycles are a vulnerable group is not the key to this case. Not discussed here. >>>More
Disability compensation is calculated according to the standard of death compensation in the previous year in your province or municipality directly under the central government, level 10 is 10% of the death compensation, level 9 is 20%, level 5 is 60%, and the death compensation is calculated according to the per capita disposable income of urban residents in the previous year (agricultural household registration is based on the per capita net income of rural residents) in your province or municipality directly under the central government for 20 years.