Traffic accident claims must be pursued and asked for professional guidance!

Updated on society 2024-07-07
16 answers
  1. Anonymous users2024-02-12

    When handling a traffic accident, the public security organ shall, after ascertaining the cause of the traffic accident, determining responsibility for the traffic accident, and determining the circumstances of the losses caused by the traffic accident, convene the parties and relevant personnel to mediate the compensation for damages.

    The time limit for mediation of damages is 30 days, and the public security organs may extend it for 15 days if they deem it necessary. For injuries caused by traffic accidents, mediation begins from the date of termination or disability; In the case of death caused by a traffic accident, mediation shall commence from the date of the end of the prescribed time for handling funeral matters; If the traffic accident only causes property damage, the mediation shall commence from the date on which the damage is determined.

    Where an agreement is reached through mediation, the public security organs shall draft a mediation document, which shall be signed by the parties, relevant personnel, and mediators, and shall take effect immediately after affixing the public security organ's seal. The public security organs shall send the mediation documents to the parties and relevant persons respectively. Where no agreement is reached after the completion of the mediation period, the public security organs shall draft a written conclusion of mediation, which shall be signed by the mediator, affixed with the seal of the public security organs, and sent to the parties and relevant personnel.

    If no agreement is reached through mediation or either party fails to perform after the mediation agreement takes effect, the public security organs will not mediate, and the parties may file a civil lawsuit in the people's court. Return.

  2. Anonymous users2024-02-11

    Are you **? This is the first time I've heard of this kind of treatment.

    1: 8000 yuan must be invoiced by the hospital. Soft tissue contusions don't cost so much, so everything is based on invoices and accounts.

    You are naturally responsible for all the invoices, and you will buy them and go to the insurance company for reimbursement of the invoices. Only Class A drugs are reimbursed, but generally sue the court and the insurance company will reimburse the entire amount.

    You can now legally drive the car out, the point: because the traffic police detain the car not to ask the party for money, but to collect evidence to make an appraisal report for the car. The traffic police should have accepted the case in a summary procedure, so there was no factor in doing a vehicle inspection.

    Even if you want to do a car inspection, he must make it within 3 days to deliver the car inspection report, and you have to sign it. He has already set you full responsibility, proving that the car inspection has been completed, you ask him for the "Responsibility Determination", pay a fine (no more than 200 yuan), and you can release the car. There is no reason for the traffic police to detain your car anymore.

    The statutory duties of the traffic police have been completed.

    The so-called mediation requires both parties to apply for mediation, and if you do not agree with the traffic police force, you cannot mediate. Either the two parties agree with each other to settle the matter, or take the "Determination of Responsibility" to the court to litigate.

    What I said above is worth at least 1,000 yuan, how many points to give according to your conscience!

  3. Anonymous users2024-02-10

    Feel free to ask questions about accident claims, I have been working in investigation and claims for several years.

  4. Anonymous users2024-02-09

    What questions do you have for you? You can add the following QQ to discuss in detail.

  5. Anonymous users2024-02-08

    Guangdong Traffic Accident Lawyer:

    1. Rear-end collision accidents depend on whether your brother's car was speeding at that time, whether it was driving normally, whether there was a problem with the lights of the other party's car, whether there was a slowdown for no reason or a sudden failure and needed to pull over. Since your brother is no longer there, the cause of the accident may not be investigated. If the accident certificate issued by the traffic police says that "the responsibility for the accident cannot be clarified", then in fact the responsibility is fifty-five points.

    2. The law only stipulates that the case must be reported in a timely manner. It cannot be understood as an accident at 2:41, 2:

    If you report the case at 42 points, it is a timely report, and if you report the case at 2:43, it is a delay in reporting the case. According to the specific situation, the other party should have saved people and fires before reporting the case, and it should not be too late to report the case at 3 o'clock.

    In addition, the time of reporting the accident generally does not affect the determination of accident responsibility, unless an accident occurs today and the case is reported tomorrow, it must be fully responsible.

  6. Anonymous users2024-02-07

    Rear-end collision should be fully responsible, but it is necessary to figure out whether the other party is exercising or parking, and if the other party is parking, it should also bear a certain responsibility, which is generally secondary responsibility. The Evening News case is not directly related to traffic liability.

  7. Anonymous users2024-02-06

    The motorcycle does not have a license plate is not the main reason why your father was hit, in the people and cars, your father is the weakling, unless he seriously violates the traffic laws, so that the Guangben car can not be avoided or avoided, otherwise the Guangben car should be the main responsibility. This can be seen from the scene situation and the accident map of the traffic police.

    Your father's medical expenses and subsequent compensation expenses should be compensated according to the responsibility of the traffic police department. If the compensation exceeds the insurance amount of Guangben car according to the division of responsibilities determined by the traffic police department, the excess part should still be compensated by the owner.

    The key to all this is the determination of the responsibility of the traffic police.

    Attention should be paid to the traffic police in charge.

    Attention should be paid to the timely assessment of the disability level.

    If possible, apply for legal aid or consult with a law firm.

  8. Anonymous users2024-02-05

    In such cases, it is best to consult a local lawyer on the spot. There is a time limit for the issuance of the accident certificate, and the lawyer who does not come out has a lot of room for manoeuvre. Details:

  9. Anonymous users2024-02-04

    Hello, it is best to contact me after the traffic accident certificate comes out, and the handling of traffic accidents is different from the understanding of ordinary people.

  10. Anonymous users2024-02-03

    1.Before the test report came out, the other party was arrogant and refused to pay the claim except for the medical bills they had paid at that time.

    It is reasonable for the other party not to compensate, unless the two parties reach an agreement, the other party can wait until the certificate is issued before further discussing the compensation.

    In addition, the other party is not called a claim, and the claim is an insurance claim. In other words, your car has compulsory traffic insurance, and notifying the insurance company to settle the claim is the last word.

    2.How can I protect my rights and interests when the time comes?

    According to the law, you can claim personal compensation for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc., based on Article 17 of the Supreme People's Court's Interpretation of Personal Injury.

    In addition, the loss of your car is also within the scope of the claim, you can solve it through negotiation and mediation, and if you can't solve it, you can sue the other party, and if you don't want to sue and can't reach a settlement, you won't get money.

    3.In particular, if you want to preserve your property, you have to have a mortgage, but I don't have a mortgage.

    Property preservation requires a security rather than a mortgage. If the determination is in your favor, for example, if it is determined that the other party is fully or primarily responsible, property preservation may be considered. However, property preservation is not necessary, and if the other party has sufficient funds and the value of fixed assets is large, there is no need for property preservation.

    For example, if you sue the unit, it is impossible for a unit to not be able to take out 2,000 yuan, so there is no need to keep it.

    And the amount of the preservation guarantee is calculated based on the value of the preservation you apply for, even if you need to pay a maximum of 2,000 yuan.

    4.The other party was a driver in a factory, and he was driving a factory car at that time.

    If the other party is working for the company at the time, it is an act of duty, and the other party will be responsible for all the behavior. The basis is Article 35 of the Tort Law.

    Since the unit is responsible, if you win, the other party will lose money, and if you don't pay, you can apply to the court for enforcement. I'm afraid that the other party has no money to compensate, and I'm not afraid that the other party will not pay if he has money, have you ever seen any ** equipment that the court enforcement division brought when going out to work. It's impossible not to get money.

    5.A friend upstairs said the legal fees were too high.

    If you only need 2,000 yuan, then your legal fee is 50 yuan and you can ask the other party to bear it after winning the lawsuit, and you don't have to pay for the compulsory fee, if this is expensive. If you prove that you are very poor and really want to sue, you can apply to the court for a reduction of legal fees, anyway, there are many ways, as long as you want.

    Let's just talk about it, when the responsibility for the accident is determined, we will negotiate the compensation, and if the negotiation fails, you can sue within 1 year.

    Good luck with you!

  11. Anonymous users2024-02-02

    If it's a factory car, and it's an accident during working hours.

    You can sue the factory.

    In fact, the legal fees are too high.

    If you win, the court costs are paid by the other party.

    The key is the evidence!

  12. Anonymous users2024-02-01

    Brother, I personally think that you are planted, and now people are all in relationships, a factory! If the leader has a good relationship with the traffic team, this is .........

    I can't say it, Chinese society is like this, a word from the traffic police, without evidence, is your own fault. It's so hard to get compensation!!

  13. Anonymous users2024-01-31

    1. The maintenance fee of your car is 25,000 yuan: compensate your insurance company for car damage insurance (25,000-2,000) * 70% = 16,100 yuan; Claim from the other owner's car (25000-2000) * 30% + 2000 = 8900 yuan, a total of 25000 yuan, and then go to the repair shop to pick up the car.

    2. The other party's car maintenance fee is 8400 yuan: you should bear: (8400 2000) * 70% + 2000 = 6480 yuan. The other party is responsible for the shortcomings, leave him alone.

    The above total: the other party wants to compensate you 8900-6480 = 2420 yuan. Remember: the original invoice for the maintenance fee of the other party's car will be given to you.

    3. It is troublesome to calculate the compensation for personal injuries of the people in your car, and you have to have specific documents to help you calculate. But roughly speaking, the other side bears most of it. ** After the end (that is, there is no hope of **) you can be disabled, and the lost time pay is calculated from the date of the accident to the day before the disability assessment.

  14. Anonymous users2024-01-30

    If there is personal injury, it needs to be calculated separately, and if not, then the compensation will be divided according to the proportion of the entire repair cost of the two cars.

  15. Anonymous users2024-01-29

    a) Absence (or loss of function) of both hands by more than 5%;

    b) Sensory loss of more than 25% in both hands;

    c) loss of rotational function of both upper limb forearms by more than 50;

    d) Destruction of the arch structure of one foot 1 3 or more;

    e) Absence (or loss of function) of more than 20% of the ten toes of both feet;

    f) The difference in length between the two upper limbs is more than 4cm;

    g) The difference in length between the two lower limbs is more than 2cm;

    h) Linear fracture of the long bones of the limbs above one epiphyseal plate;

    i) Loss of function of more than 10% in one limb.

    Can you take a look at the level 10 disability table above after the end of your **.

    The number of injured people in your car is estimated to be 25,000 at present, and it will increase later, I wonder if you have bought seat insurance? Let's use this 25,000 to give you an example, the other party will take enough 1w first, and the remaining 15,000 will be 7 for him 3, if you don't have seat insurance, you need to pay for the 10,500 out of your own pocket, and the injured person's lost work expenses, nursing expenses, ** fees, and transportation expenses are all compensated in the other party's forced payment.

    In terms of car damage, the people of Wozhou Mountain have helped you calculate very clearly, I won't say much, but it is very strange to say to the other party that only accompany the strong 2000, the other party has strong traffic and three responsibilities, your accident can be completely within the scope of insurance claims, but the reimbursement ratio of self-financed medicine and steel plate will be a little poor, try to negotiate with the other party, the matter is not big, it is not small, and the other party does not cooperate with you can only go through the litigation procedure. If the compensation for lost work will be reviewed by the court when the lawsuit is processed, you should find a hospital or an insurance company after the medical treatment is over, and consult whether it is possible to be rated as disabled.

  16. Anonymous users2024-01-28

    The punishment decision of the traffic police has nothing to do with the procuratorate, it is not a system.

    However, according to what you said, your friend was solely responsible for causing the death of a person, which should be a traffic accident, and it is not reasonable for the procuratorate not to prosecute.

    If the family sues for civil compensation, they can apply for 5w for mental loss plus death compensation and other losses, not as much as the insurance company says.

    In the case of a criminal case, theoretically, the family can sign an understanding agreement to reduce the criminal punishment, and the ** of this agreement is negotiated by the two parties themselves.

    According to the ** of moral loss + understanding agreement, the ** of 100,000 is not high, but it is contrary to common sense that you say that the victim does not forgive the procuratorate and does not prosecute. Generally, the injured party has forgiven it before criminal prosecution is not allowed to take into account the circumstances.

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