Frequently asked questions about traffic accidents When dealing with traffic accidents in different places, first protect the scene, take photos and keep evidence, then report the case in time, then seek the help of the local 4S shop, find the insurance company to calculate the loss, and finally return to the place where the policy is located to make claims.
What if you hit someone? Call 120 and 1 10 immediately after the collision, and take photos of the accident site. After the traffic police arrive, they will submit photos of the accident, get the contact information of the other party after arriving at the hospital, remind the injured to keep the medical expenses and invoice medical records, get the responsibility certificate, go to the 4s shop to determine the damage, and finally go through mediation and compensation procedures.
Fatigue driving accident If a motor vehicle is driven continuously for more than 4 hours without stopping or for less than 20 minutes, it is regarded as fatigue driving. When driving fatigue, there will be traffic accidents such as blurred vision, backache, slow movement and edema of hands and feet. Avoid fatigue driving, ensure adequate sleep time, arrange driving time scientifically, and stop quickly when you start to feel tired.
What if someone hits you?
If the car is hit, stop the car first, find the perpetrator to cooperate, take out your mobile phone to take pictures and leave evidence, and let the insurance company come over to compensate for the appraisal; The victim shall report the case, identify the responsibility and make compensation. See more+
Avoid rear-end collision
Don't follow taxis, foreign cars, big trucks and buses, and don't follow "depth charges", "new cars" or cars with broken brake lights. Keep your distance from the car in front and don't follow too close when crossing the traffic lights. See more+
Drunk driving accident
If the driver is fully or mainly responsible for the accident and constitutes a crime of causing traffic accidents, he shall be investigated for criminal responsibility according to law. Drinking and driving a motor vehicle will be fined 1 1,000-2,000 yuan, with 1.2 points, and the driver's license will be suspended for 6 months. In the event of a traffic accident, it is necessary to protect the scene and rescue the injured and property. Whether insurance is compensated or not must be specifically stipulated by the Insurance Law and the terms of the insurance contract. See more+
How to buy auto insurance? Automobile insurance claim+
The limitation of claims for traffic accidents is 1. The limitation of action is not calculated from the date of the accident, but from the date when the parties know that their rights have been violated. As long as you have been claiming rights from the infringer, the limitation will not start to calculate.
2 traffic accidents involving personal injury, the limitation of action is one year. If there is no mediation, it shall be counted from the second day after the end of medical treatment or disability. If there is no personal injury, the statute of limitations is two years.
3. The public security traffic management department may temporarily detain the traffic accident vehicles, suspected vehicles, vehicle number plates and driver's licenses of the parties concerned for a period of 20 days. If an extension is needed, it may be extended for 20 days with the approval of the public security traffic management department at the next higher level.
4. The insurance company shall, within 5 days from the date of receiving the certificates and materials provided by the insured, verify whether it belongs to the insurance liability, and notify the insured of the results; If it does not belong to the insurance liability, it shall explain the reasons in writing; For the insured, the insurance premium shall be compensated within 10 days after reaching an agreement with the insured.
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Traffic accident claim conditions
Meet at the same time
1, which belongs to the loss of insured vehicles;
2. Losses within the scope of insurance liability;
3. It is not an exemption;
This is a necessary and reasonable expense.
The insurance clauses stipulate that when the insured vehicle is damaged due to a traffic accident within the scope of insurance liability, or the property of a third party is damaged, the principle of giving priority to repair shall be adhered to, but before repair, the insurance company shall conduct damage assessment and determine the repair items, methods and expenses.
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The death compensation for traffic accident claims is based on the per capita disposable income of urban households or rural residents in the last year where the court is located. Calculated according to 20 years, every increase over 60 years of age 1 year decreases 1 year.
The actual cost of transportation for medical treatment and transfer is subject to the official bill; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
Accommodation fee = accommodation standard for general staff of state organs on business trip * accommodation days (40 yuan/day).
The medical expenses are determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to the average income in the last three years.
The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period.
Food subsidy Hospitalization food subsidy = standard of food subsidy for general staff of state organs on business trip * days of hospitalization (40 yuan/day)
Other claim expenses: nutrition expenses, appraisal expenses, disability compensation, disability assistive devices expenses, funeral expenses and living expenses of dependents.
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Traffic accident treatment materials
1. If the plaintiff is a natural person, it shall submit identification materials such as ID card and household registration book.
2. If the plaintiff is a legal person or other organization, it shall submit a copy of the industrial and commercial business license issued by the industrial and commercial registration authority or the main registration materials such as the industrial and commercial registration list and the corporate registration certificate.
3. If the plaintiff changes his name after the litigation legal facts occur, he shall submit the change registration materials.
4. If the parties to the dispute over compensation for road traffic accidents are the family members of the deceased, the certificate of the first-order heir of the deceased and the basic information of the heir shall be submitted.
5. Submit the certificates of the owner, actual controller and driver of the accident vehicle and the certificates of relevant relationships.
6. Provide proof of the owner, actual controller and driver of the damaged vehicle and their relationship.
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Traffic accident claim process 1, report: report by telephone, report online, report to insurance company and report to adjuster. Provide insurance policy, driving license and driver's license, and fill in the "Vehicle Accident Registration Form" in the claims department of the insurance company. 2. Closing the case: both parties go to the traffic police team to close the case. Distinguish the responsibilities of both parties, review the items claimed by the other party, claim the relevant documents while compensating the other party's losses, and ask the traffic team for the accident certificate and the economic compensation execution certificate. 3. Submission of claims documents: The documents to be completed when making claims for general injury accidents include: accident notice, diagnosis certificate, medical expense invoice, lost work certificate, accident certificate and compensation execution certificate. Time limit for claim settlement: failure to apply to the insurance company for claim settlement within 3 months, or failure to receive the due compensation within 1 year from the date when the insurance company notified the insured to receive the insurance money, shall be deemed as automatic waiver of rights and interests. 5. Claim: After submitting the claim documents, you will receive the claim notice from the insurance company about one week later (generally no more than 10 days). Take your identification and vehicle accident registration form to get back the compensation. See more+Traffic Accident Settlement Agreement 1. When the parties fill in the Traffic Accident Treatment Agreement by themselves, the handwriting should be neat and the items should be complete. After filling in, each party holds one copy.
2, the time bar, using Arabic numerals, accurate to minutes.
3. In the column of location, fill in the specific location of a district (county), a road (or intersection) or a street.
4. Codes A and B refer to the parties to the accident.
5. In the name column, you must check the driver's license and other documents before filling in.
6, driver's license file number or address column, fill in the driver's file number or current address.
7. In the telephone column, fill in the telephone number that can be contacted at any time.
8. In the column of transportation mode, fill in the vehicle type (such as large passenger transport, small freight transport, small passenger transport, etc.). ).
9. In the column of vehicle number, be sure to check the driving license and driver's license before filling in, and fill it in truthfully. For the number of black license plate, it should be indicated after the number (black license plate).
10, insurance company name or insurance certificate number column, fill in the insurance company name or insurance certificate number.
In the column of 1 1 accident facts, according to the fault behavior of the parties and referring to the provisions of Article 8 of the Notice, fill in the fault serial numbers of the parties respectively. If there is no fault on the part of the parties, fill in the underlined words of Party B, and after the completion, the parties shall sign for confirmation.
12. In the column of compensation agreement, if the parties reach a compensation agreement, they shall sign in the column of compensation for confirmation.
13. If the parties fail to reach a compensation agreement at the scene, they can call the police and wait for the traffic police to handle it, or they can directly file a civil lawsuit with the people's court on the basis of the agreement that the parties themselves solve the traffic accident.
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Pay attention not to cover the accident liability at will when making traffic accident claims. Insurance companies have set different compensation ratios according to the responsibilities of car owners.
It is forbidden to repair the vehicle before reimbursing the owner. If you don't report to the insurance company, the insurance company thinks that the repair cost is higher than the fixed loss, and the difference is borne by the owner himself.
Entrusting a repair shop to claim compensation is very risky. Some repair shops will let car owners take some "crooked ways" to achieve the purpose of compensation, which may leave a bad record in the insurance company.
The scope of excluding deductible is limited. Excluding deductible is an additional risk, mainly for car damage insurance, third party liability insurance and other main risks. For additional risks such as spontaneous combustion insurance and glass breakage insurance, it doesn't work without deductible.
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