Legal gas station
1. After calling the police, the traffic management department of the public security organ (hereinafter referred to as the traffic police) will send someone to the scene to investigate. If it is not appropriate to enter the scene or there is no person**, the traffic police may let you take a photo of yourself and send it to him through WeChat and other means. In this case, just do what the traffic police say.
1. Handling of the accident certificate:
1. If the accident scene does not need to be inspected and identified, the traffic police will make a road traffic accident certificate (issued at that time or issued within 10 days) and serve it to all parties. The determination of traffic liability is determined based on the illegal acts of the parties, and the parties who do not have illegal acts are not liable for the accident. The classification criteria for accidents are full responsibility, primary responsibility, equal responsibility, secondary responsibility, and no responsibility.
2. After receiving the accident identification letter, the two parties reach an agreement, and the traffic police will make a mediation letter to close the case, otherwise the mediation conclusion letter will be made, and the dispute will enter the litigation procedure of the people's court.
Although the court will not strictly follow the determination issued by the traffic police to divide the responsibility, it will depend on the facts proved by the subsequent parties. But obviously, it is not easy for ordinary people to participate in litigation, and where can they have the ability to provide evidence to overturn the determination of the traffic police? Therefore, the court will not easily deny the opinion of the determination. Therefore, for us personally, the best way is to clearly put forward our request to the traffic police when the traffic police arrive at the scene for identification, and we cannot agree to full responsibility in a vague way
II. Litigation Handling of Traffic Accidents:
Under normal circumstances, the plaintiff can name the motor vehicle driver, the insurance company that underwrites the compulsory traffic insurance, and the insurance company that underwrites the commercial third-party insurance as co-defendants.
Special circumstances: the driver is not the owner or manager of the motor vehicle, and the owner or manager can be named as a co-defendant; If a motor vehicle engages in road transport business activities in the form of affiliation, the affiliated party may be listed as a co-defendant; If a motor vehicle is involved in a traffic accident due to a defect in road management and maintenance, the road manager can be listed as a co-defendant; If a motor vehicle has a product defect that causes a traffic accident, the manufacturer or seller may be listed as a co-defendant.
In motor vehicle traffic accident liability disputes, the damages that the plaintiff can claim generally include personal injury compensation and property damage compensation. If the plaintiff causes personal injury, the plaintiff may claim compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal allowances, and lost work expenses. If the disability is caused, the disability assistive device fee and disability compensation may be claimed. If the death is caused, funeral expenses and death compensation may be claimed. If there are dependents, they may claim the maintenance of the dependents. where serious mental harm is caused, solatium for mental harm may be claimed.
1.Medical expenses.
Medical expenses are compensated according to the actual expenses, and the calculation formula is diagnosis and treatment expenses + medical expenses + medical expenses + follow-up ** expenses. The plaintiff may submit relevant evidence such as proof of receipt issued by the medical institution, medical records and diagnosis certificates. For the follow-up fee, the plaintiff can provide a medical certificate or appraisal opinion to claim together, or make a separate claim after the actual occurrence.
2.Nursing fees.
The plaintiff needs to prove the income status of the caregivers, the number of caregivers, and the duration of care. For the income status of the nursing staff, if there is income, the plaintiff shall provide proof of the nursing staff's lost work expenses; If there is no income or the plaintiff hires a caregiver, the plaintiff may make a claim by referring to the labor remuneration standard for the same level of care provided by the local caregiver. As a general rule, the number of nursing care providers is one person. The maximum duration of care is 20 years.
3.Travelling expenses.
The plaintiff may submit the relevant bills for transportation expenses such as taxi bills and toll bills actually incurred by the victim and his necessary escorts for medical treatment or transfer to hospital**, and the time and itinerary of the bills must correspond to the situation of medical treatment**.
4.Nutrition fees.
The plaintiff may be determined based on a comprehensive consideration of the victim's disability, such as age, location of injury, and extent of injury, or with reference to the opinions of medical institutions. It is calculated as the number of days of nutrition fee per day.
5.Hospitalization meal allowance.
The plaintiff may provide a discharge summary and medical invoices based on the actual number of days of hospitalization, and make a claim with reference to the standard of food allowance for business trips of local state agency staff.
6.Lost time pay.
The plaintiff is required to prove lost time and earnings. The plaintiff may determine the lost time based on the appraisal opinion or the certificate issued by the medical institution.
For income status, if the victim has a fixed income, the plaintiff may submit evidence such as the salary certificate issued by the employer, the salary flow of the year before the incident and the salary flow after the incident to prove the decrease in fixed income; If the victim has no regular income, the plaintiff shall submit the average income of the victim in the last three years, and if there is no evidence to prove it, the plaintiff may refer to the average salary of employees in the same or similar industry in the location of the court where the lawsuit is filed in the previous year; If the victim has the ability to work but cannot provide evidence of the reduction in income, the plaintiff may claim according to the minimum wage. The court will generally calculate the average salary of the same industry in the previous year.
7.Disability compensation.
Based on the degree of the victim's inability to work or the level of disability, it is calculated as 20 years from the date of determination of disability in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
The plaintiff is required to determine the victim's level of disability based on the expert opinion.
The disability compensation index corresponding to the disability level is: 100% for Level 1, 90% for Level 2, *80%, 70% for Level 4, 60% for Level 5, 50% for Level 6, 40% for Level 7, 30% for Level 8, 20% for Level 9, and 10% for Level 10. If there are multiple disability levels, the highest level of disability compensation index is determined first, and the other disability levels are calculated according to the additional index, with an additional 2% for grades 6 to 10 and 4% for levels 2 to 5, but the cumulative amount does not exceed 10%.
It is calculated as the disposable income of urban farmers in the previous year * the number of years * the disability compensation coefficient.
Due to the different calculation basis, a very important litigation strategy for motor vehicle traffic accident liability disputes is to choose a more appropriate court with jurisdiction in the people's court at the place where the tort occurred or where the defendant is domiciled.
8.Disability Assistive Device Fee.
The plaintiff should reasonably claim this fee in accordance with the standard of "ordinary application", and provide medical advice, purchase of disability assistive devices, etc. If the injury requires special needs, the plaintiff should also submit the opinion of the assistive device preparation agency to prove the cost standard, the replacement period of the assistive device, and the compensation period.
9.Funeral expenses.
The plaintiff may claim the total amount of six months in accordance with the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed.
10.Death benefits.
The plaintiff may calculate the amount of 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
The death compensation is not an inheritance, does not participate in the distribution of the victim's estate, and belongs to the property loss paid by the compensation obligor to the victim's close relatives, and belongs to the close relatives of the deceased in common.
11.Dependants' living expenses.
The living expenses of the dependants are included in the disability compensation or death compensation. The minor who shall bear the obligation to support the victim in accordance with the law is a dependent, and at the same time, adult close relatives who meet the requirements of being incapacitated for work and have no other living conditions are also dependents.
According to the degree of the dependent's inability to work, it is calculated according to the per capita consumption expenditure standard of urban residents in the previous year at the location of the court where the lawsuit is filed: if the dependant is a minor, it is calculated until the age of 18; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year.
12.Solatium for moral damages.
The amount of solatium for moral damages shall be determined with reference to the victim's level of disability and the degree of fault of the parties, the tortfeasor's ability to bear responsibility, and the local standard of living.
The highest standard in Shanxi is not more than 50,000 yuan.
13.Property Damage.
Property damage includes:
1) The cost of repairing the damaged vehicle, the loss of the items contained in the vehicle, and the cost of vehicle rescue.
2) Due to the loss or irreparability of the vehicle, the replacement cost of the vehicle is equivalent to the value of the damaged vehicle at the time of the traffic accident.
3) Reasonable suspension losses caused by the inability to engage in corresponding business activities of vehicles engaged in cargo transportation, passenger transportation and other business activities in accordance with the law.
4) The reasonable cost of replacing the first tool caused by the inability of non-operating vehicles to continue to be used.
4) About insurance.
Motor vehicle insurance generally includes compulsory traffic insurance and commercial insurance.
1.Compulsory traffic insurance.
The full name of compulsory traffic insurance is compulsory motor vehicle traffic accident liability insurance. In motor vehicle traffic accidents, the losses caused to the "third party" are within the scope of compensation under the compulsory traffic insurance, and the principle of non-liability compensation is adopted. "Third party" refers to the victim of the insured vehicle who suffers personal ** or property damage due to an accident of the insured vehicle, except for the personnel of the vehicle and the insured. In layman's terms, if the driver of a motor vehicle is injured or killed by a motor vehicle driven by himself due to improper operation during driving, it does not fall within the scope of compensation of compulsory traffic insurance.
The compensation scope of compulsory traffic insurance is divided into three parts: death and disability expenses, medical expenses, and property damage expenses. Among them, the death and disability expenses include nursing expenses, lost work expenses, disability compensation, death compensation, funeral expenses, living expenses of dependents, solatium for mental damage, medical assistive devices, and transportation expenses. Medical expenses include medical expenses, hospital meal subsidies, nutrition expenses, and follow-up expenses. Property damage expenses include property damage.
Compulsory liability insurance implements a uniform liability limit nationwide. The compensation limit for death and disability is $180,000, the limit for medical expenses is $18,000, and the limit for property damage is $2,000. Why did Chen Jiu say above that he should not blindly agree to be fully responsible just because he is a motor vehicle and the other party is a pedestrian? Because if the other party's disability exceeds the limit, the commercial insurance of the motor vehicle will be used, and the premium** for the next year will become a sure thing.
Compulsory traffic insurance is an insurance that must be purchased for motor vehicles, and if the insurance obligor fails to take out compulsory traffic insurance in accordance with the law, the insurance obligor shall compensate within the liability limit of the compulsory traffic insurance; If the insurance obligor and the infringer are not the same person, the insurance obligor and the infringer shall bear the corresponding liabilities within the liability limit of the compulsory traffic insurance. In practice, there will be black cars in some areas, especially large trucks. Therefore, friends must avoid big cars on the way, and don't encounter black cars that don't even have compulsory traffic insurance.
2.Commercial Third Party Insurance.
Commercial insurance includes main insurance and additional insurance, the main insurance includes motor vehicle loss insurance, third-party liability insurance, and vehicle personnel liability insurance; There are many types of additional insurance, such as glass breakage insurance, body scratch loss insurance, etc.
Chen Jiu strongly recommends choosing a commercial third-party insurance of 3 million or higher.
3.Order of application.
If the damage caused by a traffic accident of a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory traffic insurance shall first compensate within the liability limit of the compulsory traffic insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it. Note that when buying insurance, you should find a serious large company, and don't look for some small companies whose names you have never heard of in order to be cheap, so as not to be deceived. In practice, there are many cases where car owners find out that they have been deceived after a traffic accident or even when they have been prosecuted.