1. What is the process of dealing with traffic accidents?
The following serial numbers are listed in order of how things are developing.
1. Traffic accidents and collisions;
2. Call the police and report to the insurance company (dial 122), if there is a traffic accident in the factory or a traffic accident in the community, you need to call 110 to call the police; Generally, the driver or owner of the vehicle responsible for the accident is reported to the insurance company.
3. After the police and the insurance company rushed to the scene to investigate the accident, the traffic police will contact the tow truck to tow the accident vehicle to the accident parking lot, and the vehicle will be temporarily parked in the accident parking lot. The insurance company's investigators will investigate the accident scene, take pictures, collect evidence from the perpetrator's vehicle driver and driving license, and collect evidence from the injured (generally when the injured are hospitalized, the insurance company will arrange for the surveyor to go to the hospital to inquire about the record, and arrange for the injured or the injured family to sign).
4. If the injured are hospitalized, try to choose a public hospital at or above the county level for hospitalization**. During the hospitalization, the injured person can go to the accident department of the traffic police force to assist the traffic police in handling the accident.
Special note: If the medical expenses are relatively large within 72 hours or the vehicle of the perpetrator only has compulsory traffic insurance or no insurance, you can apply to the traffic police department in time to advance the motor vehicle road traffic accident rescue**, you can contact the traffic police department for specific advance matters.
Will the insurance company pay the medical expenses in advance during the hospitalization?
Medical expenses will be paid in advance, but you need to take the initiative to contact the insurance company, and if the injured person is not fully responsible, you can only pay 18,000 yuan in advance of the medical expenses limit of the compulsory insurance, and most insurance companies generally do not pay in advance for the part of the medical expenses exceeding 18,000 yuan, unless the injured person is treated in the hospital designated by the insurance company.
If it is necessary to pay the medical expenses to the insurance company of the party causing the accident, the "Notice of Advance Payment" can be issued to the traffic police department before the accident certificate is issued.
Will the perpetrator pay the medical bills in advance?
The party responsible for the accident generally does not pay in advance when the insurance is relatively complete, but there are some in the emergency, especially when the party causing the accident is sent to the hospital, and the insurance company and the court will generally verify the advance payment of medical expenses when accounting with the insurance company or when suing. In other words, we can't force the perpetrator to pay the medical bills in advance, and in most cases, we pay the full amount of the medical bills in advance and then go to the other party's insurance company to settle the claim after being discharged from the hospital.
5. Accident handling: For cases where there is little dispute between the two parties, the family of the injured can negotiate with the driver of the accident party, and the division of responsibility mainly includes full responsibility, no responsibility, primary responsibility, secondary responsibility and equal responsibility. If the driver and the injured have no objection to the division of responsibility, they can jointly go to the accident department of the traffic police force to negotiate a division of responsibility, and the traffic police will issue an accident certificate of summary procedure according to the results of the negotiation. If the division of responsibility for the accident is unclear or disputed, the traffic police will conduct a screening investigation according to the accident scene, and the traffic police department will issue an accident identification letter with general procedures.
1) How are responsibilities divided?
2) What should I do if I am not satisfied with the accident certificate?
You can apply for a review to the Weifang traffic police detachment within three days after receiving the accident certificate, and the review needs to submit a copy of the accident certificate, a copy of the ID card, the reason for applying for the review, and the evidence for the review, and the traffic police detachment will notify and inform the results of the review in accordance with each step of the procedure.
3) How many days will the vehicle involved in the accident be released?
If the injured party does not carry out vehicle preservation, the traffic police will generally release the vehicle after three days.
4) What do you mean by vehicle preservation?
Vehicle preservation is a litigation procedure of the court, which means that the accident vehicle is seized before the lawsuit, the court seals it, and the traffic police force impounds it, and the procedure needs to be submitted to the court.
5) What materials need to be submitted to the court for pre-litigation vehicle preservation?
The following documents need to be prepared:
Certificate of Accident.
Indictment. Application for pre-trial preservation.
A list of hospitalization expenses or a certificate of expenses issued by a medical institution.
Proof of diagnosis. Submit a letter of guarantee to the court to prevent the other party from being injured by the mistake of seizure or if no guarantee is provided, a fee of 30% of the amount of the seizure is required to be submitted to the court as a security deposit.
6) Under what circumstances do I need to secure my vehicle?
When the medical expenses of the injured party are too high, and the insurance of the other party is insufficient to compensate for them; Or, the party involved in the accident did not have compulsory traffic insurance or any other insurance at all; Or, the culprit party does not cooperate with the injured person and promises to pay the medical expenses in advance but does not pay in advance.
7) What do I need to pay attention to when I go to the traffic police to get the accident certificate?
When receiving the accident certificate, someone is dissatisfied with the responsibility and does not sign, but the traffic police will still serve the accident certificate to you, or it may be delivered by mail.
When receiving the accident certificate, it is necessary to notify the traffic police to receive a copy of the driver's license, a copy of the vehicle's driving license, a copy of the vehicle's compulsory traffic insurance and commercial insurance policy, and if you do not provide a copy, you can also take a photo for preservation.
8) Is the insurance company reimbursed for the rescue expenses of the trailer?
Reimbursement, although it is an indirect loss, but if you sue for it, the insurance company will insure it.
9) My electric car is badly broken, is it okay to stop it?
OK. If you have car damage, it is recommended that you keep all the ** in time, and raise the electric vehicle from the parking lot of the accident department, and later you can evaluate the electric vehicle involved in the case to the court. Now, the traffic police no longer entrust the first evaluation agency to conduct an assessment, and need to go to the court to conduct a ** assessment of the vehicles involved in the case. As for whether to want an electric car or not, it is up to the injured party to decide for themselves.
6. Discharge. After ** according to the hospital arrangement of the discharge, discharge should pay attention to the preservation of all the corresponding information generated during the hospitalization, especially the hospitalization invoice, outpatient invoice, image**, medication list, outpatient medical records, etc., inpatient medical records according to the different conditions of each hospital, 7 or 10 days after the hospital to the hospital medical record room to copy, generally dealing with traffic accidents need to copy three to four copies.
7. Can I do a disability assessment immediately after being discharged from the hospital? Knowledge about identification.
This question is negative, and if you want to do a disability assessment, you need to meet certain recovery conditions.
This is a rough count of the time it takes to make an appraisal based on the inference of the injury.
What is a Disability Assessment? What are they identified?
Disability identification is not a disability as we understand it, but a level of disability determined for the purpose of calculating the loss of traffic accidents, according to the national standards, especially the corresponding standards for personal injury, the disability level is divided into ten levels, the first level is the highest, which can reach the standard of a vegetative person, and the lowest level of ten, and the tenth level in the traffic accident is also enough to affect the range of motion of the joints.
Can you see the level of disability from **? Or to what extent can the injury achieve what kind of disability?
8. What is traffic accident disability identification?
Many people don't understand why they need to be identified in case of traffic accidents, so let's answer from the following points.
1) There are many compensation items for traffic accidents, but the disability compensation cannot be determined by the naked eye, and if the disability level is not identified, then even the court adjudicators cannot determine the specific disability level and loss amount of the injured;
2) The purpose of the appraisal is to determine the specific amount of loss, in addition to the identification of the level of disability, the time of lost work and the time of nursing, the number of nurses, and the period of nutrition all need to be determined, because the adjudicators are not professional forensic doctors, so only through the data identified by professional forensic personnel can the specific loss of an injured person be determined.
9. What items are identified in judicial appraisal?
Disability level (10 to 1, 1 is the highest, 10 is the lowest).
Lost time period (Lost time period means the time a person has lost time, and students and pensioners do not have lost time pay).
The number of nursing personnel and the nursing period (the number of nursing personnel means how many people need to be cared for, and the nursing period is the time given to the injured person and how long it takes to take care of the injured person, which is confirmed by judicial appraisal).
Nutrition period (nutrition period is the nutrition fee given by the defendant, and the current nutrition fee is 30 yuan per day).
Follow-up fee (follow-up fee is generally for the injured who still need to continue**, such as the injured person who has hit steel plates and nails in the body, and most of the steel plates and nails need to be removed after one year).
Degree of nursing dependence (if the injured person needs to be cared for for a long time, then the degree of nursing dependence is required).
Identification of drug relevance (generally proposed by the person responsible for compensation, the identification of the drugs used by the injured during hospitalization, that is, the identification of the drug used by the injured during the ** period and the drug relevance identification of the injury caused by the traffic accident).
Causal relationship identification (generally proposed by the defendant, which means whether the injured person's ** and the traffic accident have a causal relationship, if there is a causal relationship, compensation will be paid, and if there is no causal relationship, no compensation is required).
10. How to apply for judicial appraisal? Do I need a forensic evaluation of my injuries?
First of all, whether your injury needs to be forensically evaluated depends on whether you want to mediate with the insurance company or the defendant, if you agree to mediation, you can not do a judicial appraisal, if you do not agree, you can apply to the court where the accident occurred.
Secondly, mediation is based on money, and if the insurance company has already paid you the expected compensation, it can be mediated, but it often backfires, and the insurance company or the defendant is just trying to take less money or not take any money.
Clause. 3. If your injury is not disabled, it is also recommended that you go to the forensic appraisal, because there is still a loss of work and nursing expenses, as well as nutrition expenses if you are not disabled.
Clause. Fourth, it is recommended to choose a lawyer who specializes in traffic accident cases.
11. What items are compensated for traffic accidents, and how are these items compensated?
Disability compensation: The compensation for disability compensation is relatively complex, according to the statistics of Shandong Provincial Bureau of Statistics in 2022:
From this, it is possible to deduce the disability benefits for each level.
Lost time pay (can be seen at a glance through a **).
Nursing expenses (similar to lost time pay, and the documents prepared for lost time pay).
Nutrition expenses: 1. How to compensate for nutrition expenses?
A: $30 per day.
2. How to calculate the time of nutrition fee?
For example, if the 90-day nutrition period is appraised by the judicial appraisal, then the nutrition period is calculated as 90 * 30 yuan = 2700 yuan.
Food allowance.
The number of days of hospitalization * 50 yuan per day.
Death compensation: calculation method for disability of the same level, 49050*20 years.
Funeral expenses: funeral expenses The average monthly salary (January) of the previous year at the location of the court where the lawsuit is filed is 6 months.
98,094 yuan 2 = 49,047 yuan.
Transportation expenses: subject to the actual support bills, if not, the transportation expenses during the hospitalization are generally supported, and will be calculated according to 10 yuan per day.
Follow-up fee: subject to actual expenditure or judicial appraisal.
Assistive device fee: subject to actual expenditure.
Mental Damage Fee: Use ** to show at a glance.
12. How is the insurance company's compulsory traffic insurance and commercial insurance compensated?