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After the traffic accident liability determination is issued, the parties shall negotiate and deal with the compensation matters, and if the negotiation is inconsistent, the traffic police department shall mediate, and both parties who fail to mediate shall have the right to file a lawsuit in accordance with the law.
In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.
Precautions: Article 73 of the Road Traffic Safety Law: 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 certificate 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.
Truthfully reflecting the situation of traffic accidents can neither be expanded nor narrowed, so as to determine all the facts of traffic accidents, so that the work of determining responsibility for traffic accidents can truly be established on an objective basis and can stand up to test at any time. It is based on the traffic laws and other relevant laws and regulations published by the state.
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The first step is to assess the amount of damage, such as the cost of loss of vehicle contents and bodily injury** and follow-up** costs. Secondly, according to the amount of loss, it is discussed according to the fault liability determination in the accident certificate.
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Summary. Hello First of all, generally after the traffic accident liability certificate comes out, it enters the stage of negotiation compensation or reaches a compensation agreement under the mediation of the traffic police department, this stage does not have much legal force, and the compensation period can also be freely agreed by you, and there is no mandatory period for compensation at this stage.
Hello First of all, generally after the traffic accident liability determination comes out, it enters the stage of negotiation compensation or the source of the coarse in the mediation of the traffic police department to reach an agreement on compensation hail Liang Town, this stage does not have much legal force, the compensation period can also be freely agreed by you, this stage of the key ridge compensation law has no mandatory period.
Secondly, if the other party's vehicle has compulsory traffic insurance, if you have no personal injury, only property damage, according to the property damage of the compulsory traffic insurance, the limit of liability for land loss is 2,000 yuan, that is, the insurance company only bears the liability of 2,000 yuan at most, and the rest of the inspection must be borne by the parties themselves.
Thirdly, if the negotiation of the block Chunguo cannot be reached or the other party defaults on the failure to pay compensation, you can only sue the court, and after the court makes a judgment, you can apply for compulsory enforcement, and if the other party still does not perform, you will be imprisoned for the crime of refusing to perform the judgment and ruling of the people's court in violation of the criminal law.
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Legal analysis: After the accident identification letter is issued, the responsible party shall be required to compensate according to the actual consequences of the injury suffered, and in combination with the accident liability, the traffic accident compensation items refer to the items included in the compensation given to the victim by the perpetrator of the traffic accident, mainly including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability assistive device expenses, funeral expenses, living expenses of dependents, death compensation, and mental injury solace.
Legal basis: Measures for the Handling of Road Traffic Accidents
Article 22: Where a party is dissatisfied with the determination of responsibility for a traffic accident, it may apply to the public security organ at the level above for a new determination within 15 days of receiving the written determination of responsibility for the traffic accident; Within 30 days of receiving the application for redesignation, the public security organ at the level above shall make a decision to maintain, modify, or revoke it.
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Summary. Hello, your question: how to talk about compensation after the accident certificate Hello, after inquiry:
If the traffic accident certificate has been issued, it is recommended that you negotiate compensation by following the steps below: 1. Confirm the responsibility for the accident. Based on the results of the traffic accident certificate, determine the party responsible for the accident and understand the proportion of its responsibility.
According to the proportion of responsibility for the accident and the evidence collected, they should preliminarily estimate their own losses and submit corresponding compensation claims to the other party. 4. Conduct consultations and negotiations. According to the proportion of losses and liabilities of both parties, negotiate and reach a compensation agreement.
5. Sign and perform the agreement. At the end of the negotiation, the two parties sign a compensation agreement and fulfill the provisions in the agreement. If you encounter difficulties in the negotiation process or cannot reach an agreement, you can consider seeking the help of a professional lawyer to resolve the dispute through legal means.
Hello, your question: how to talk about compensation after the accident certificate Hello, after inquiry: if the traffic accident certificate has come down, it is recommended that you follow the steps below to negotiate compensation:
1. Confirm the responsibility for the accident. Based on the results of the traffic accident certificate, determine the party responsible for the accident and understand the proportion of its responsibility. 2. Collect evidence.
Collect and organize accident-related evidence, such as on-site**, medical expense breakdowns, salary certificates, etc., so that they can be proved in negotiations. 3. Preliminary estimate of losses. According to the proportion of responsibility for the accident, Shengyan and the evidence collected, he preliminarily estimated his own losses and submitted corresponding compensation claims to the other party.
4. Conduct consultations and negotiations. According to the proportion of losses and liabilities of both parties, negotiate with each other and reach a compensation agreement. 5. Sign and perform the agreement.
After the negotiation is completed, the two parties sign a compensation agreement and fulfill the provisions in the agreement. If you encounter difficulties in the negotiation process or cannot reach an agreement, you can consider seeking the help of a professional lawyer to resolve the dispute through legal means.
Hello. Feng Ming suggested staying calm, rationally analyzing the responsibility and loss of the accident, and abiding by the law and not taking drastic actions.
Hello, send the specific certificate to the teacher, and the teacher will help you come up with a negotiation plan.
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