The principle of accident identification is to determine the responsibility according to the role played by the fault behavior and the size of the fault.
The analysis is as follows:
The parts of the modified car exceeded the width of the car and crossed the double yellow line, which was the main cause of the accident, at least the main responsibility.
The overtaking of a motorcycle without fault and responsibility, but it may also be considered as unqualified for overtaking, which plays a secondary role in the accident and should bear secondary responsibility.
From the picture, the reason of riding and its effect on the accident need to be analyzed in detail. If it rides for no reason, or suddenly changes lanes when the motorcycle approaches, it is at least the second responsibility.
offset item
Medical expenses: According to the hospital bill.
Lost time: calculated according to hospitalization days+sick days, with proof of income.
Nursing expenses: the salary of the care worker or the lost time of the care worker's relatives.
Transportation expenses: including medical and escort tickets.
Hospitalization food allowance: tens of yuan per day, with different standards in different places.
Nutrition fee: negotiated or based on three-phase appraisal.
Disability compensation: after the treatment, the injured in road traffic accidents are assessed for disability, and the local per capita income 10 ×20 years×10%, 20% in grade 9, 30% in grade 8, and so on.
The above items are covered by compulsory insurance within the limits of material loss of 2000, medical treatment 10000 and disability 1 10000.
For the excess, the accident liability identified by the traffic police shall be compensated according to the following proportion:
Full responsibility 100%, primary responsibility 70%, joint liability 50%, and secondary responsibility 30%.
If all three parties are responsible, the share ratio is as follows:
Primary responsibility, secondary responsibility and secondary responsibility: 60%, 20% and 20%.
Joint liability, joint liability and secondary liability: 40%, 40% and 20%.
Ways to claim compensation: the first choice is negotiation, and the second choice is to seek mediation from the traffic police. Bringing a civil lawsuit to the court is the last guarantee.