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Legal Analysis:1. First, report the case to the insurance company of the party fully responsible. 2.The staff of the insurance company shall conduct an investigation in a timely manner, and the fully responsible party shall fill in the claim form. 3.The insurance company reviews the claim form. 4.After the approval is passed, the claim will be settled.
Legal basis: 1. Road Traffic Accidents.
Article 22 of the Handling Procedures" If the parties reach a consensus through consultation, they may pay compensation for road traffic accident damages in the following ways:
a) Indemnification by the parties themselves;
2) Claim compensation for losses from the insurance company or the road traffic accident insurance claim service place.
Where the parties do not perform after reaching an agreement through negotiation, they may report to the people's mediation committee.
Apply for mediation, or file a civil lawsuit with the people's court.
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Legal Analysis:1. First, the key to reporting to the insurance company of the fully responsible party is missing.
2.The staff of the insurance company shall conduct an investigation in a timely manner, and the fully responsible party shall fill in the claim form. 3.
The insurance company reviews the claim form. 4.After the approval is passed, the balance of the draft will be settled.
Legal basis: 1. Article 22 of the "Procedures for Handling Road Traffic Accidents" where the parties reach a consensus through consultation, they may pay compensation for road traffic accident damages in the following ways:
a) Indemnification by the parties themselves;
2) Claim compensation for losses from the insured pretending insurance company or road traffic accident insurance claim service place.
Where the parties fail to perform after reaching an agreement through negotiation, they may apply to the people's mediation committee for mediation, or file a civil lawsuit in the people's court.
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Legal analysis: In the event of a traffic accident, the procedures for applying for insurance claims are: 1. Report the case.
In general, the insurance company needs the policyholder to report the crime within 48 hours. 2. Survey. After reporting the case, the insurance company will send someone to the scene to check whether it is within the scope of the insurance.
3. Damage assessment. 4. Submit claim information. 5. Get a claim.
Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability
Article 21 In the event of a road traffic accident involving an insured motor vehicle that causes damage to the injured persons other than the vehicle and the insured, the insurance company shall compensate within the limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with law. The loss caused by the accident was intentionally caused by the victim and the insurance company will not compensate for it.
Article 22 In any of the following circumstances, the insurance company shall pay the rescue expenses within the limits of the compulsory insurance liability for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim: (1) The driver has not obtained driving qualifications or is drunk;(2) The accident is caused during the theft and robbery of the insured motor vehicle; (3) The insured intentionally causes a road traffic accident. In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.
Article 24 The State shall establish social assistance for road traffic accidents** (hereinafter referred to as assistance**). In any of the following circumstances, the funeral expenses and some or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the rescue management agency shall have the right to recover from the person responsible for the road traffic accident: (1) The rescue expenses exceed the liability limit of the compulsory insurance of motor vehicle traffic accident liability; (2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability; (3) Fleeing after a motor vehicle has been hit.
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Summary. Dear, glad to answer for you! If the other party is fully responsible for the accident claim, it is possible to directly let the other party deal with you through insurance compensation.
In the event of a traffic accident, the other party is fully responsible for the handling of the situation: the traffic police department issues a certificate of responsibility for the accident to determine the full responsibility of the other party, and then claims compensation from the other party according to the loss. If you are fully responsible, you will bear all the liability for compensation, and the insurance company will compensate in advance within the limit, and the insufficient part will be borne by the perpetrator.
Dear, glad to answer for you! If the other party is fully responsible for the accident claim, you can directly make trouble and let the other party sail to grind for you, and you can handle it through insurance compensation. In the event of a traffic accident, the other party is fully responsible for the handling of the situation or fight
After the traffic police department issues a certificate of responsibility for the accident to determine the full responsibility of the other party, it shall claim compensation from the other party according to the loss. If you are fully responsible, you will bear all the liability for compensation, and the insurance company will compensate in advance within the limit, and the insufficient part will be borne by the perpetrator.
Legal basis: Article 73 of the Road Traffic Safety Law stipulates that the traffic management department of the public security organ shall make a traffic accident identification certificate in a timely manner according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, as evidence for dealing with the traffic accident accident. Article 21 stipulates that if a road traffic accident occurs in an insured motor vehicle and causes the loss of property of the person in the vehicle or the property of the victim other than the insured, the insurance company shall compensate within the limit of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law.
If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.
Hello, yes, what is the situation.
Legal Analysis:1. First, report the case to the insurance company of the party fully responsible. 2.The staff of the insurance company shall conduct an investigation in a timely manner, and the fully responsible party shall fill in the claim form. 3.The insurance company reviews the claim form. 4.After the approval is passed, the claim will be settled. >>>More
It is possible to file a lawsuit in court. The first instance of the small claims lawsuit was concluded. It's also fast.
If the other party is fully responsible for the traffic accident and does not deal with it, the victim can directly sue the other party to perform the liability for compensation. The victim also has to bring the letter of responsibility, the list of losses and other materials to the people's court to sue the other car owner and the insurance company. As long as there is a clear defendant and there are specific claims, facts and reasons, then the court will generally accept the case. >>>More
In this case, if the court decides that he is indeed fully responsible, how much will he pay you, and if he does not pay, the court will enforce it. There is another way, now there is a subrogation in China's insurance, you are covered by the full insurance and now for your situation, your insurance company is indeed not responsible for compensation, because they only bear the loss caused by your responsibility, if the responsibility of others causes your loss is compensated by the other party's insurance company. If the other party's insurance is not enough, you can see if you can let the insurance company you insure pay you first, and then entrust the company you insured to recover this part of the money. >>>More
Of course, it is necessary to take the legal route and sue the other driver, the car owner, and the insurance company as defendants. At the same time, you can apply to the court for property preservation of the other party (that is, a means to prevent the other party from transferring property).