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1. If it is an injury that has formed a labor relationship with an individual and is injured in the process of helping, the corresponding responsibility shall be borne according to the respective faults of both parties.
2. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the income reduced 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.
3. The specific compensation items and calculation standards are described in detail in the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, and it is recommended to refer to them.
4. Legal basis: Article 35 of the Tort Liability Law If a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability. If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to the fault of both parties.
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Where a helper suffers personal injury as a result of helper activities, the aided worker shall be liable for compensation. If the assisted worker explicitly refuses to help, he shall not be liable for compensation; However, appropriate compensation may be provided within the scope of benefits. Where a helper suffers personal injury as a result of a third party's infringement, the third party shall be liable for compensation.
Where the third party is uncertain or has no ability to compensate, the worker may be appropriately compensated.
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Only modest compensation can be given. Of course, if the person being helped is at fault, for example, if the work for which the help is requested is itself a personal danger, then it is possible to claim compensation from him.
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Legal analysis: If the accident is not intentionally caused with the permission of the car owner, the insurance company can be required to pay compensation in the compulsory traffic insurance and commercial insurance. The excess part shall be compensated by the car owner; However, the owner of the vehicle has the right to recover from the driver.
Legal basis: "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 17 Where the insured is allowed to drive a motor vehicle and cause damage to the insured, and the parties request the insurance company that underwrites the compulsory traffic insurance to compensate within the scope of the liability limit, the people's court shall support it, except that the insured is a person on the vehicle.
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Whether the owner of the vehicle is responsible for an accident caused by someone who is allowed by the policyholder to drive a motor vehicle causes damage to the policyholder who is not a person of the vehicle, and the compensation rights holder requests that the insurance company that underwrites the compulsory third-party liability insurance of the motor vehicle compensate within the limit of liability, the people's court shall support it. The owner shall bear the compensation for the excess part of the clear ruler, but the owner has the right to recover from the driver. The determination of responsibility for traffic accidents shall be determined by the traffic police according to the role played by the behavior of the parties involved in the traffic accident and the severity of the fault.
In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident determination shall be drafted within 5 days of the date on which the conclusion of the inspection or appraisal is determined. In the event of a fatal accident, the traffic management department of the public security organ shall, before making a road traffic accident split verification certificate, convene all parties to the scene, and publicly investigate and obtain evidence.
Evidence that witnesses request confidentiality or that involves state secrets, commercial secrets, or personal privacy must not be disclosed. If the parties are not present, the traffic management department of the public security organ shall be recorded.
The drivers permitted by the insured include the lessee of the motor vehicle, the borrower, the staff who have formed a labor relationship with the insured person, the labor relationship or the party providing the labor service, and other persons who are allowed to drive by the policyholder.
The law is based on the law
Article 47 of the Provisions on Procedures for Handling Road Traffic Accidents.
The traffic management department of the public security organ shall, within 10 days from the date of on-site investigation, make a road traffic accident identification document. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized.
Article 48 of the Provisions on Procedures for Handling Road Traffic Accidents.
1) Basic information such as the parties, vehicles, roads, and traffic environment of road traffic accidents;
2) The course of the road traffic accident;
3) Analysis of the evidence of road traffic accidents and the causes of the accidents;
4) The fault and responsibility of the parties involved in the road traffic accident or the cause of the accident;
5) The name and date of the traffic management department of the public security organ that made the determination of the road traffic accident.
The road traffic accident identification document shall be signed or sealed by the police handling the case, affixed with the special seal of the traffic management department of the public security organ for handling the road traffic accident, and served on the parties respectively, and inform the parties of the right and time limit to apply to the traffic management department of the public security organ for review, mediation and directly to the people's court.
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If he doesn't have a driver's license, if the driver's license is yours, you have responsibility, and if the accident is not big, you can solve it privately.
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Summary. Hello dear <>
We're happy to answer your <>
If a traffic accident unfortunately occurs, the owner of the car still needs to be held responsible, and can claim compensation from the insurance company, but after the owner takes responsibility, he can still claim compensation from the driver who is driving.
Ask someone to help someone drive their own car and get into an accident, will they be responsible?
Hello dear <>
We're happy to answer your <>
Need to "find someone to help drive such as sail elimination fruit unfortunately after a traffic accident, the owner of the car still needs to be held responsible, and can claim compensation from the insurance company, but after the owner takes responsibility, he can still claim compensation from the driver who is driving.
I asked him to help the brigade and help me pull some of their things and give them to me, he was a B photo, and the three-wheeled motorcycle he drove was sent to me, and his three-wheeled motorcycle was uninsured, and he was injured in a traffic accident on the road, and he was injured in the demolition of the town, am I responsible?
The jujube between the two parties should be a paid transportation contract. If you are in a car accident due to the driver's personal reasons, you are not responsible before the annihilation. If the stool causes damage to your goods, the driver has the obligation to compensate.
Kiss, but you are a friend who knows, so the compensation can be decided for yourself.
He's my relative, give me help.
You have paid him accordingly, dear.
No. There is no responsibility to kiss.
We are relatives, and he gave me something and helped me deliver it in a traffic accident.
There's no responsibility for this, dear.
But as a relative, he helps you, and if you don't want to go, you can give him some compensation.
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