After the traffic accident, the two sides can negotiate first to see if they can determine their responsibilities in the accident. If negotiation fails, it can be handed over to the traffic police for judgment. The traffic accident has been signed. How to claim compensation?
How to claim compensation after the accident certificate has been signed 1 legal analysis: sign the accident responsibility certificate first and then compensate. If a traffic accident of a motor vehicle causes personal injury or property loss, the insurance company shall generally make compensation within the liability limit of compulsory third-party liability insurance for motor vehicles; The insufficient part shall be liable for compensation according to the responsibility in the accident certificate.
Legal basis: Article 76 of the Road Traffic Safety Law of the People's Republic of China stipulates that if a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third party liability insurance; The insufficient part shall be liable for compensation in accordance with the following provisions:
(1) In case of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions.
(two) motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and the non-motor vehicle drivers and pedestrians are not at fault, and the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%.
The loss of traffic accidents is intentionally caused by non-motor vehicle drivers and pedestrians, and the motor vehicle side is not responsible.
How can I claim compensation if the accident certificate has been signed? 2. How to talk about compensation when the accident is proved?
After the accident certificate is issued, the responsible party is required to make compensation according to the actual injury consequences and combined with the accident responsibility. Traffic accident compensation Project refers to the items included in the compensation given by the injurer to the victim in traffic accidents, mainly including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, food subsidies during hospitalization, nutrition expenses, appraisal fees, disability compensation, disability AIDS, funeral expenses, living expenses of dependents, death compensation, spiritual damages and so on.
Personal injury refers to the personal injury caused to the victim in a traffic accident, and various expenses for medical treatment or rest need to be paid. According to article 17 of the judicial interpretation of personal injury compensation, personal injury compensation includes medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
The calculation standard of personal injury compensation is calculated separately according to the characteristics of each category and the relevant provisions of the law. For example, the calculation standard of medical expenses is determined according to the actual degree of injury and recovery of the victim, with reference to the certificate issued by the treatment hospital or forensic identification.
Two, the calculation standard of each project in traffic accident compensation.
1, disability compensation = per capita income of towns (rural residents) in the last year where the appeal court is located × disability coefficient× compensation period.
2. Disability assistive devices = reasonable expenses for common devices.
3. Funeral expenses = the average monthly salary of employees in the last year where the Court of Appeal is located ×6 months.
4. Living expenses of dependents = annual per capita consumption expenditure of urban residents (rural residents) in the last year where the court of appeal is located × years of support.
5. Hospitalization food allowance = standard of food allowance for general staff of state organs on business trip (yuan/day) × hospitalization days.
6. Medical compensation = medical expenses, medical expenses and hospitalization expenses.
7, lost time = lost time monthly income x lost time.
8. Nursing fee = remuneration standard of nursing service for nursing workers at the same level in the place where the traffic accident occurred × nursing days.
9. Death compensation = per capita income in the last year where the court of appeal is located ×20 years.
10, in addition to transportation, accommodation, direct property losses, loss of vehicle shutdown, mental damage compensation and so on.
Compensation after traffic accidents should be liquidated in strict accordance with the actual injury consequences. The specific situation involves many projects, and it is also related to the level of economic development in the area where the parties are located. The higher the level of economic development, the higher the compensation amount.
How can I claim compensation if the accident certificate has been signed? 1. What is the division of responsibility for traffic accidents?
(a) due to the fault of one party caused by road traffic accidents, take full responsibility;
(2) If a road traffic accident is caused by the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the role of their actions in the accident and the severity of the fault;
(3) The parties are not at fault for causing road traffic accidents. If it is a traffic accident, neither party is responsible.
If one party intentionally causes a road traffic accident, the other party shall not bear the responsibility.
Provincial public security organs may, in accordance with relevant laws and regulations, formulate specific rules or standards for the determination of responsibility for road traffic accidents.
Second, the division of responsibility for traffic accidents
(1) Full responsibility and no responsibility. If the accident is completely caused by one party's violation of regulations, the violator shall take full responsibility, and the other party who has no direct causal relationship with the accident shall not be liable. For example, a driver suddenly drove into the left side because of drunk driving and knocked down a student who was riding a bicycle normally. The injured died after being rescued by the hospital. The accident was entirely caused by the driver's illegal behavior, so the driver should take full responsibility, while the person who was hit did not commit any illegal behavior and did not take responsibility.
(2) primary responsibility and secondary responsibility. For accidents caused by the violation of one party and the violation of the other party or the third party, the main violator shall bear the primary responsibility, and the other party or the third party shall bear the secondary responsibility. For example, in a traffic accident somewhere, a female student rides a bicycle from north to south.
Riding into the fast lane at the turntable of the department store, scraping with a Jiefang trailer driven by a driver driving from east to west, the car ran over the female student's chest and died after being rescued. In this accident, female students occupied the fast lane by cycling and took improper avoidance measures, which should bear the main responsibility. Drivers who do not pay attention to observation while driving bear secondary responsibility.
(3) equal responsibility. All parties to the traffic accident have violated the rules, and the circumstances are similar, and all parties bear the same responsibility.
Third, how to claim after the bookmark of traffic accident liability identification?
1. Let the insurance company of the responsible party directly deposit the indemnity into your account.
Let the responsible party negotiate with his insurance company, sign an agreement, and agree to pay the compensation directly to your account. Note that the insurance company can only compensate us after the other party goes to the insurance company to go through the relevant procedures.
After that, you negotiate with the repair shop and issue a repair invoice first. Because my car is still in the garage, the garage has reason to agree to the request. We take the maintenance invoice to the responsible party's insurance company to make a claim, so that we can bypass the cheating responsible party and talk to his insurance company directly. After the compensation is received, it will be taken to the repair shop to pay the maintenance fee.
2. Call 1 10 to call the police and handle it through the police.
If the party responsible for the accident refuses to pay compensation, it is strictly an economic dispute. At this time, the traffic police have condemned it, but there is no more right to interfere. Then call 1 10 to call the police. Under normal circumstances, the police will call the responsible party to warn. If the other party feels pressured, they may advance the money.
3. Apply to the insurance company for subrogation.
If we have insured the "three risks and car damage insurance", then we can apply for "subrogation" from the insurance company at this time. That is, after our insurance company pays the maintenance fee in advance, we will ask the responsible party to compensate you. Therefore, when you apply for insurance every year, you must ask about the terms, especially the right of subrogation. Many insurance companies have written it into the terms of their policies. Everyone should take a closer look to avoid causing economic losses to themselves.
4. Send a lawyer's letter to the responsible party and file a lawsuit if necessary.
If the above measures are not applicable, they will be raised to the legal level. You can entrust a lawyer to send a lawyer's letter to the perpetrator, which will put pressure on the other party, because ordinary people should rarely receive a lawyer's letter, and receiving a lawyer's letter means that the situation is serious. At this time, it is possible that the perpetrator will kneel down and beg for mercy. If he is still tough, he will have to see you in court. Litigation is the most troublesome and expensive method, so we should try our best in the end.