Traffic accident The pickup truck hit the motorcycle I was riding

Any loss caused to a third party (except for the car and the people on the car), regardless of whether it is liable or not, is within the scope of compulsory traffic insurance.

When there is responsibility, the maximum compensation for the property loss of the three parties is 2,000 yuan, the maximum compensation for the medical expenses of the three parties is 10,000 yuan, and the maximum compensation for the death and disability of the three parties is 110,000 yuan.

In this case, the compulsory traffic insurance should be paid within 10,000, which means that more than 7,000 should be paid by the compulsory traffic insurance.

You pay the money first and leave the hospital, and the police mediation fails, with a certificate of responsibility and medical bills. Go to court to sue the other party and the car came to the insurance company. Claim to pay the fee. At the same time, apply for property preservation and seize the other party's vehicle. Refer to the specific procedure.

Civil Procedure Law of the People's Republic of China.

Section 1: Prosecution and Acceptance.

Article 108:The following conditions must be met for prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

You can spend your own money to see a doctor first, and then say, after you get well, you can be mediated by the traffic police, and the other party will pay 10,000 yuan by the insurance company within the limit of compulsory traffic insurance, and your expenses are less than 10,000 yuan, which can be borne by the insurance company. If the mediation fails, and the other driver does not pay, then you can sue the other party and the insurance company together. In this way, all your losses can be covered in the end.

Is there a certificate of liability and a mediation letter? You can pay for the discharge from the hospital first (save yourself), and collect the relevant documents for use in the lawsuit. If the responsibility and sharing ratio you are talking about is clear in the responsibility determination or mediation letter issued by the traffic police, then from the perspective of laws and regulations, the traffic police have no administrative means to make the other party perform compensation, and can be resolved by litigation.

If the traffic police have not yet issued a letter of responsibility and a letter of mediation, then you can show the medical-related bills together with other proof of expenses such as lost work expenses, nursing expenses, etc., after the end of the first day, and use them when the traffic police issue a letter of responsibility and mediation, at this time, please urge the other party to perform immediately.

Legal analysis: The determination of traffic accident liability is not based on the vehicle model, but on the degree of fault of both parties in the accident. There are uniform provisions on the determination of traffic accident liability in China, which are divided into full liability, primary liability, equal liability, secondary liability and no liability.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (2) If a road traffic accident occurs due to the fault of two or more parties, they shall bear the 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 road traffic accident, and if it is a traffic accident, neither party is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.