Liability for car accidents Compensation, division of liability for car accidents and compensation

The traffic police sentenced you to full responsibility, right? If so, you will be responsible for the other party's medical expenses and other related expenses (e.g. nutrition expenses, lost work expenses, etc.). However, if the other party's request is reasonable, if she wants you to compensate such a certain amount of expenses, please ask her to provide her own evidence, if she can't provide evidence, you can ignore her, and the court may not necessarily support her reason at that time.

At most, she will sue her.

You can ask the hospital to issue a diagnosis report, it is not a small problem to spend more than 20,000 yuan, if she can't issue it, she refuses to pay this compensation, even if she goes to court, the judge will make a reasonable ruling based on her actual injuries. People can't be too honest, this kind of person just wants to slander you!

It is better to settle it through the court and be able to deal with it fairly and reasonably!

If it is only a foot injury, you should ask the hospital to issue a certificate confirming the extent of the foot injury and compensate accordingly. The main compensation is the cost of her ** feet, as well as the cost of lost work, and maybe a part of the nutrition fee, but this part of the cost should not be much.

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.

Legal Basis Article 17 of the "Judicial Interpretation on Compensation for Personal Injury" provides that if a victim suffers a personal injury, the compensation obligor shall compensate for 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.

(1) Where a traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; If the party escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility; (2) Where a traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, none of the parties is liable; If one party intentionally causes a traffic accident, the other party is not liable.

Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China The traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

The tortfeasor shall bear the liability for damages in the case of traffic accident compensation. According to the provisions of the Civil Code, if a motor vehicle is involved in a traffic accident and the damage is caused by the motor vehicle, the insurer that underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; The insufficient part shall be compensated by the insurer who underwrites the commercial insurance of the motor vehicle in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

[Legal basis].Article 1208 of the Civil Code.

If a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.

Article 1213.

If the damage caused by a traffic accident of a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the insufficient part, the insurer underwriting the commercial insurance of motor vehicles shall compensate for the loss in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

Division of Liability for Disability in Motor Accident 1. In the event of a traffic accident between motor vehicles, the party at fault shall bear the liability for compensation for the traffic accident, and if both parties are at fault, the liability shall be shared according to the proportion of their respective faults: (1) if the main responsibility is borne, 70% shall be borne; (2) 50% if they are equally responsible; (3) Those who bear secondary responsibility shall bear 30%. 2. Accidents between motor vehicles and non-motor vehicles are common

If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle shall be liable for the part exceeding the liability limit; However, if there is evidence to prove that the non-motor vehicle driver or pedestrian has violated road traffic safety laws and regulations, and the motor vehicle driver has taken necessary measures, the motor vehicle party shall be liable for compensation in accordance with the following provisions: (1) if the motor vehicle party bears the main responsibility, it shall bear 80%; (2) If the motor vehicle party bears the same responsibility, it shall bear 60%; (3) If the motor vehicle party bears secondary liability, it shall bear 40%; (4) If the motor vehicle party is not liable, it shall bear 10%; (5) If a non-motorized vehicle driver or pedestrian is involved in a traffic accident on an urban expressway or highway that prohibits non-motorized vehicles and pedestrians from passing, and the motor vehicle party is not responsible, it shall bear 5%; (6) If the loss of the traffic accident is intentionally caused by a non-motor vehicle driver or pedestrian, the motor vehicle shall not be liable; (7) In the event of a traffic accident between a non-motor vehicle driver or pedestrian and a motor vehicle in a stationary state, and the motor vehicle party is not liable for the traffic accident, it shall not be liable for compensation. If the motor vehicle does not participate in the compulsory third-party liability insurance of the motor vehicle, the motor vehicle party shall compensate in full within the minimum insurance liability limit that the vehicle shall insure, and compensate for the part exceeding the insurance liability limit in accordance with the current regulations.

3. Division and assumption of responsibilities under special circumstances: if a party deliberately destroys, falsifies the scene, or destroys evidence, and the party fails to stop the car immediately after a traffic accident occurs, and fails to report the case in time in order to protect the scene, or fails to report the case in a timely manner if there is a condition, so that the basic facts of the accident cannot be ascertained, the party shall bear the responsibility for the accident in accordance with the following provisions: (1) If one party commits the above acts, it shall bear full responsibility; (2) If the parties have all of the above-mentioned acts, they shall be jointly liable; However, if a traffic accident occurs between a motor vehicle, a non-motor vehicle or a pedestrian, the motor vehicle shall bear the main responsibility for the accident; (3) Except for traffic accidents that can be evacuated from the scene and handled by negotiation in accordance with the law; (4) The party escapes after a traffic accident:

The party who escapes shall bear all the responsibility for the escape of the traffic accident; However, if there is evidence to prove that the other party is at fault, the party who escaped shall bear the main responsibility for the accident.

[Legal basis].Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents.

Article 76 of the Road Traffic Safety Law of the People's Republic of China.

Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.