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I can be fair to this The disability assessment is only allowed to be verified 6 to 12 months after discharge, and the serious injury is generally allowed to be verified after 1 year, as long as the disability certificate you read is written in 07, there is a chapter of the state department, then it is true, the verification is based on the medical report of the hospitalization at that time and the current health status to make an assessment, the state department will not cheat you.
As long as the traffic accident case is not closed, the lawsuit will not be invalidated, and the traffic department will take the initiative to find the injured If the injured person is not pursued, it will ask you to cancel the case.
Medical expenses are determined according to the responsibility of 50% of the medical expenses you pay 50% of the overpayment will be deducted from the other expenses required by the hospital meal subsidy of 20 yuan per day up to 60 days How long to live before 60 days How long to pay Nursing expenses to have a special invoice Up to 60 days Financial losses need to be negotiated Generally discounted Appraisal fees are reimbursed You will be reimbursed Transportation expenses are discounted Pay attention to the date Generally speaking, the injured will be overreported Because it is to be discounted by half, so as long as the date is correct, you can only pay for it Missed work for up to 6 months, and those with serious injuries should be considered As for the cost of the 2 surgeries, you have to find a lawyer to find out what is going on If it is really an internal injury, you do have to reimburse My family has had a traffic accident It is the injured party I know very well the danger of ** Traffic accidents are generally delayed for 1 3 years before being sued In order to prevent the disease** Hastily understand that losing money is likely to lose money in the end.
As long as his documents are all and true, you do have to pay according to the half of the liability, you have to pay half of the traffic compulsory insurance in big cities is generally about 120,000 yuan, you don't actually have to pay much, if you buy third-party liability insurance, you can reimburse about 50% (the medical expenses paid in advance are reimbursed here), and the rest is basically not much.
The amount of compensation for traffic accidents is very large, and there is no need to be intimidated by 130,000 As long as you have bought the third liability insurance, even if you pay more than 200,000 yuan, you may only pay 40,000 yuan in the end Insurance plays a decisive role at this time, and the injured can take peace of mind You pay it well.
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Respond positively and find a lawyer.
This case is more troublesome, and you have to find a lawyer.
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The statute of limitations for bodily injury compensation seems to be one year, and it has been so long, how to identify it. Do you have a document to pay for hospitalization? Is it still kept? I suggest you hire a lawyer, if you are from Chengdu, I can recommend you to a few experienced lawyers.
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The problem you are experiencing, I think the following aspects need to be paid attention to first.
1. The cause of death of the victim (the time of death, the direct cause of death needs to be forensically identified, etc.), and you mentioned that the perpetrator did not call 120 for emergency treatment after the incident, whether this caused the victim to die due to delay ** (if it is timely**, whether there is a possibility of survival). If this is the case, then the perpetrator may be held criminally responsible for intentional homicide.
2. If the victim did "die on the spot" in the traffic accident and there was no possibility of survival even if he was rescued, then this case is a simple traffic accident (because from your description, "being knocked out of more than 60 meters", the impact was quite violent, and there is a possibility of death on the spot). Then, the handling of the matter is premised on the accident identification of the traffic police department. Only if the traffic police department determines that the party responsible for the accident bears all or the main responsibility, it constitutes a traffic accident crime, and if it is determined that the victim bears the main responsibility, then it is only a civil case.
Therefore, now is not the time to consider compensation, and it is necessary to fight on the basis of reason in the accident identification procedure to prevent individual traffic police officers from bending the law. However, it is also necessary to understand the traffic police and believe in the traffic police, after all, as you said, "human life is a matter of heaven", and the traffic police should be impartial. You can also collect relevant evidence and materials, and if you are not satisfied with the accident determination made by the traffic police, you can submit a reconsideration to the higher authority based on these evidence.
3. The driver who caused the accident cannot be identified as an escape, because he did not destroy the scene or flee the scene after the accident, but because the accident determination has not yet been made, the traffic police department cannot determine that this case is not a criminal case, so no compulsory measures have been taken. If the accident determines that he should bear more than the main responsibility, then he will naturally be detained and arrested.
Fourth, I believe that now is not the time to consider the issue of civil compensation, and if the responsibility cannot be determined, how can we talk about compensation.
However, judging from the incident, the Hyundai car that caused the accident must be compensated (whether it is a criminal attached civil or a simple civil), at this time, the first is the compulsory third-party liability insurance of the vehicle that caused the accident, followed by the driver who caused the accident, if the driver is a duty act, his unit must bear the liability for compensation.
Article 46 of the regulations stipulates that the traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the investigation and inspection of the scene. In the case of a traffic hit-and-run, a traffic accident identification certificate shall be drafted within 10 days of the seizure of the traffic hit-and-run person and vehicle.
Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be drafted within five days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed.
Because the accident you mentioned involves inquests, examinations, and forensic identification of the deceased, it takes a long time for the accident to be determined, but it is impossible to delay the decision for a long time.
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1. Ask the traffic police team to detain the car;
2. If the other party is fully responsible, the other party needs to bear criminal liability + civil liability;
3. Please find a local lawyer as soon as possible**!
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This kind of thing cannot be regarded as the crime of escape of the perpetrator, because in the law, the relevant departments have not yet convicted him, so he is still free for the time being. This can only be found by the traffic bureau, and he should set up traffic lights at three-way intersections or intersections, and there should be traffic police on duty if there are no traffic lights. This is the transportation bureau does not *** road smoothness and pedestrian safety.
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His actions are not escapes.
First of all, you ask the traffic police to make a traffic accident responsibility letter, and if he is unable to do so, ask him to explain the reasons.
Only then can you know the proportion of responsibility for this traffic accident and whether the other party is responsible.
Only then do you start calculating the loss, and negotiate with the other party whether to insure it, and if so, make a claim through the insurance company first, and pay some of the current payment.
Then slowly negotiate with the perpetrator, and if the negotiation fails, the lawsuit will be brought to court.
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The most important thing is whether you go to the hospital, you have friends and doctors, the other party and their families can testify, and then whether you go to the traffic police force, these are very important, and you must have evidence to prove it. As long as this is the case, there is no traffic escape, and there is no full responsibility. If the transportation department determines that it is fully responsible, it can reconsider or sue the transportation department.
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Obviously, you waited for the arrival of the traffic police and assisted them in making a judgment, but it is not right for you to leave later, and the highest ** can sue you for obstructing law enforcement, but even if you did not leave the scene, when they understood the matter, they should also send you to the hospital, you are spending your own money to go to the hospital, and you spent an extra travel fee. Rest assured that they are not legal to say hit-and-run, if they are not trying to blackmail you. Let me tell you, they say that if you hit and run, it belongs to the administrative power, and they have no right to sentence, when it comes to the court litigation stage, they must come up with evidence to prove that you are the perpetrator, the first point, you said, it was he who drunk driving from behind and was driving at high speed, which in legal theory they can't find evidence to prove that you are the perpetrator, so there is no premise to cause an accident, there is no escape.
And then on the issue of liability, here I will only say the de jure one, the first.
1. The deceased was a drunk driver.
2. The deceased was struck from behind, first.
3. The deceased was driving at high speed, you said, if you are the law-maker, such a result, will you make the person who was hit responsible, but from the perspective of human feelings, after all, people are the deceased, can you say something!
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--- key is to see if your right turn is really normal. Generally, there is surveillance video at the intersection to recreate the situation at that time.
--It is recommended that you cooperate with the traffic police department, and at the same time ask them to give the necessary explanation or explanation of your responsibility, and then consult a lawyer, or read the "Traffic Law" by yourself to see if you have violated the law.
--Generally speaking, vehicles turning right should enter the right lane in advance to prepare to turn right under the premise of ensuring safety, rather than turning right directly from the straight lane. Speed is not the only factor here, the key is whether you give enough time and space to the vehicles behind you when you turn right.
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There is no problem with the traffic police to detain the car, the procedures are proper, the necessary measures taken without understanding the circumstances of the case, the specific compensation must wait for the traffic accident identification, the division of responsibility, of course, the accident identification can be reviewed within three days, if the facts are maintained, it is possible to overturn it on the court's side, but the evidence must be collected completely, and the facts should be confirmed according to the video and traffic police records.
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It is not illegal to impound your car because it is necessary to investigate whether there was a collision with your car. If there is no collision, there should be no liability.
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If it is really in accordance with the "The driving route of the vehicle causing the accident is a forbidden route, the road sign ahead has the words "Construction ahead, turn right". "Then such responsibility should be easy to identify.
Why hasn't the accident liability been determined yet? Obviously, the matter is not so simple, what is the specific situation of the accident location, and you mentioned above, the traffic department has found the driver who caused the accident, but only questioned and did not make a relevant determination of responsibility.
If it is all the situation you said, it seems that the driver who caused the accident should be fully responsible, this is just the material you provided. Now that things have happened, what is needed is how to deal with the aftermath.
First of all, the perpetrator should not be released as you said now, because it has constituted a traffic accident, if the real driver has come out and you don't know much now, then I don't want to give you an analysis of the accident responsibility here. What you need to do now is to find a local lawyer, there should be a law firm in your local area, you go to find a better lawyer, and explain your situation to the lawyer (of course, there is a fee for finding a lawyer, the fee standard is different in each city, if you really have no loss, then the lawyer will definitely take over after reading the case, because you will definitely win the case), hire a lawyer according to your situation, and the lawyer will give you a suggestive plan, as for how much to compensate, It needs to be calculated according to the accident identification and the specific local situation.
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Which city? The other party will be held criminally responsible, and the other party can be criminally detained before the responsibility is determined, and it is recommended that you ask a lawyer to intervene.
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I'll tell you a few points:
1. Since the traffic police department has made a determination that your child (I don't know if it was your daughter or her boyfriend) hit and run, the court is based on the traffic accident certificate of the traffic police department.
2. Give you a definition of hit-and-run: hit-and-run refers to an illegal act in which the party knows that he has had a traffic accident and deliberately flees the scene of the accident without reporting to the public security organ in order to avoid responsibility for the accident. There are two scenarios:
1. Both people and vehicles fled the scene of the accident after the accident; 2. Abandon the car and escape, that is, the party leaves the car at the scene and the person flees the accident scene. As far as you describe, the process is clearly not good for you.
3. I suggest that you first find the traffic police department for mediation, if the mediation is not successful, go to the court to request the court for mediation, and try to reach an agreement to reduce the punishment to the greatest extent, and recover as much loss as possible.
In response to your question, add:
There is a detail in your description: "Give money, if you don't give it, call the police, the child is scared and runs away, but the old man remembers the license plate number and calls the police." "If the police were called at that time, it would not be defined as an escape if you cooperated with ** to deal with the matter (as far as your description is concerned, it is obvious that the second escape behavior:
Abandon the car and run away).
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The division of responsibility shall be subject to the accident identification letter made by the traffic police department;
Compensation for personal injuries caused by traffic includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, and if the victim is disabled due to injury, it is also necessary to increase disability compensation, disability assistive device expenses, and living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **, nursing, and continuation;
It may be resolved through negotiation in advance, and if the negotiation fails, a lawsuit may be filed in the people's court.
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The responsibility of leaving the scene is great, in fact, you had better call the police and explain the situation to the police, and you will not have the problem of escaping.
The traffic law was enacted on 28 October 2003.
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For the question of whether the marriage can be maintained, others can't help you, you need to think about it yourself, marriage is not child's play, I hope you can be responsible for yourself and your family. If you are considering a divorce, you should learn more about all the joint property between you and obtain relevant evidence. Then you can apply for property preservation first, in case he transfers property, about the problem that he has a woman outside, you can't just listen to others outside, if there really is, then you should obtain relevant information before it can be used as evidence. If you really can't go on, it is recommended that you go to a law firm and find a professional lawyer to ** your case.