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The victim may temporarily pay the medical expenses in advance, and after waiting for the case to be solved, file a civil or criminal attached civil lawsuit against the party responsible for the crime to claim rights, and request the court to order the other party to compensate for economic losses.
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers 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.
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As long as you have the other party's vehicle information, you can apply to the insurance company to advance the medical expenses.
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If the party responsible for the traffic accident fails to pay, it can pay the medical expenses in advance and then demand compensation from the other party for medical expenses and other compensation through litigation and other means. Second, the motor vehicles are covered by insurance, you can take the relevant procedures and the handling opinions of the traffic police to the insurance company first, so that the insurance company can pay the medical expenses in advance. 3. You can also apply for road traffic accident assistance from the Society to solve the medical expenses of the injured.
According to Article 75 of the Road Traffic Safety Law, medical institutions shall promptly rescue the injured persons in traffic accidents, and shall not delay treatment due to the failure to pay the rescue expenses in time. If the vehicle involved in the accident participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the liability limit; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape after the accident, the road traffic accident social assistance ** shall pay part or all of the rescue expenses in advance, and the road traffic accident social assistance ** management agency has the right to recover from the person responsible for the traffic accident.
Article 74 of the Road Traffic Safety Law provides that in the event of a dispute over compensation for damages caused by 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. Article 75 Where the vehicle involved in the accident participates in the compulsory third-party liability insurance of motor vehicles, the insurance company shall pay the rescue expenses within the limit of liability; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape after the accident, the road traffic accident social assistance ** shall pay part or all of the rescue expenses in advance, and the road traffic accident social assistance ** management agency has the right to recover from the person responsible for the traffic accident.
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Medical expenses: If the vehicle caused by a traffic accident escapes, the medical expenses shall be borne by the perpetrator. However, for medical expenses, the law does not stipulate the obligation to pay in advance for road traffic accident social assistance**.
Therefore, if the injured person needs medical treatment before the vehicle is identified, he or she should pay in advance. The injured person has the right to demand that the perpetrator bear the liability for compensation after paying in advance.
Legal basis
Article 75 of the Road Traffic Safety Law provides that medical institutions shall promptly rescue persons injured in traffic accidents, and shall not delay treatment due to failure to pay rescue expenses in a timely manner. If the vehicle involved in the accident participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the liability limit; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape after the accident, the road traffic accident social assistance ** shall pay part or all of the rescue expenses in advance, and the road traffic accident social assistance ** management agency has the right to recover from the person responsible for the traffic accident.
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After the hit-and-run, the victim's medical expenses are generally paid by the victim himself, and if the suspect is caught, then he needs to compensate, no matter what, the losses suffered by the parties will definitely be filled, but there needs to be a process of filing a case for investigation. Hit-and-run refers to an illegal act in which a party knows that he or she has had a traffic accident and deliberately flees the scene of the accident without reporting the case to the public security organ in order to evade 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.
Hit-and-run after a traffic accident is a very bad and serious violation, for which the person concerned must bear the serious consequences against himself.
The original Regulations on the Handling of Road Traffic Accidents stipulate:
1. If the person escapes after causing a traffic accident and the responsibility for the traffic accident cannot be determined, he shall bear full responsibility;
2. Revoke the driver's license and not apply for a driver's license within two years;
3. Where the victim dies as a result of escape, he shall be sentenced to fixed-term imprisonment of not less than 7 years in accordance with the provisions of the Criminal Law, and under normal circumstances, the punishment for death caused by a traffic accident shall be up to 3 years imprisonment or short-term detention.
Road Traffic Safety Act
Article 101 Where a major traffic accident occurs in violation of the provisions of the road traffic safety law or the law, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
1. What should the victim do after the perpetrator of the traffic accident has escaped.
and 110 alarms;
After the traffic accident, the victim should first think of reporting the case, let the traffic police department rush to the scene to deal with the accident, if their personal injury needs to be urgent, but also call 120 to let medical aid personnel rush to the scene to stabilize their injuries. If you are unable to carry out these acts yourself, you should enlist the help of others as much as possible.
2. Keep the evidence of the accident scene;
After the traffic police department arrived, it actively cooperated with the traffic police to investigate and inspect the accident scene, and provided as much information as possible about the escaped vehicle, so that the traffic police could find the fleeing vehicle and the fleeing driver as soon as possible according to the clues. If your vehicle has car damage insurance or personal accident insurance, you can also contact the insurance company as soon as possible.
3. Wait for the investigation of the case;
The escapee is often afraid of the legal responsibility caused by the traffic accident, but Skynet is restored and not leaked, and he will eventually be brought to justice, and escape is one of the circumstances that aggravate his punishment. At this time, the victim can recuperate with peace of mind, and ask for compensation from the perpetrator after the case is brought to the case, before that, if there is a situation such as inability to pay for medical rescue, etc., you can report to the traffic management department, and apply for payment of the necessary medical rescue expenses through the traffic management department to the road bench in the traffic accident relief**.
According to Article 99 of the Road Traffic Safety Law of the People's Republic of China, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, provided that the person escapes after causing a traffic accident and does not constitute a crime. >>>More
Answer: Nutrition expenses, lost work expenses, generally this situation is very common, first see whether the insurance company can support, such as lost work pay must need the unit to issue a certificate, tax payment certificate, etc. to support. Nutrition expenses should be appropriately compensated from the perspective of human feelings. >>>More
The difference between a general traffic accident escape and a traffic accident crime is the harm of the accident to society. If the escape from a general traffic accident has not yet constituted a crime, the punishment shall be handled on the basis of Article 99 of the Road Traffic Safety Law. The determination of the escape circumstance of a general traffic accident refers to the act of fleeing in order to avoid legal prosecution after a traffic accident occurs.
It is estimated that there is a sixth level, which should be determined according to the recovery situation.
Hello, first, what are the types of traffic accidents.
Traffic accidents are usually divided into four categories: minor accidents, general accidents, major accidents, and major accidents. >>>More