Urumqi traffic accident litigation lawyer

Legal subjectivity:

The responsibility is divided by the traffic police department according to the fault of both parties. The division of responsibilities of the traffic police department affects the compensation ratio of both parties' losses, which include both material losses and casualties. Responsibility is divided by the traffic police, so what you should care about is the liability for compensation that you or the other party needs to bear after the division of responsibility. Regarding the specific compensation situation, it is necessary to know the specific situation of personnel disability and property loss. Because you provide too little information, many key information can't be confirmed, so I need to ask you some information for further confirmation. Did the accident happen in Wuhai, Inner Mongolia? Did you call the police? Do you have the speed appraisal report of the traffic police department? You care about the division of responsibilities, do you want to know how to bear the ultimate liability for compensation?

Legal objectivity:

1. Article 108 of China's Civil Procedure Law stipulates that prosecution must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization with direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court. According to article 108 of China's civil procedure law, we should pay attention to the following four questions: (1) Who is the plaintiff and who will claim the rights? This seems to be a simple question, but in judicial practice, many parties often make mistakes. When a traffic accident causes personal injury, the victim shall bring a lawsuit for compensation to the people's court; In the event of a fatal accident, the legal heirs of the deceased (including dependents) bring a lawsuit to the people's court; If a traffic accident causes material losses, the property owner shall bring a lawsuit to the people's court and demand compensation. (2) Who is the defendant and who is the defendant. According to the provisions of relevant laws and regulations, the vehicle owner (i.e. the owner) should also be the defendant, instead of just suing the driver and not the owner (i.e. the owner); In the passenger injury accident, the carrier should be regarded as the defendant. (3) The compensation items in the litigation request should be specific and clear, and at the same time, they should also comply with the provisions of relevant laws and regulations of our country. If it is necessary to continue the treatment, the court shall be required to reserve the right of appeal when bringing a civil lawsuit, and no compensation lawsuit shall be brought for the expenses that have not yet occurred and are uncertain. If the lawsuit does not meet the requirements of China laws and regulations, do not ask for instructions, not only will it not be supported, but also the corresponding litigation costs will be required. (4) Bring a lawsuit to a people's court with jurisdiction. According to the relevant laws and regulations, the parties may bring a lawsuit to the people's court where the traffic accident occurred or the people's court where the defendant is domiciled. For example, if a traffic accident or passenger injury accident occurs in a foreign country, the vehicle owner (that is, the owner) or the carrier can bring a lawsuit to the people's court where the defendant lives in this city, which can not only reduce the litigation cost, but also avoid the fatigue of the journey. 2. According to Article 1 of the Notice on Handling Road Traffic Accident Cases issued by the Supreme People's Court and the Ministry of Public Security on February 1992 1, when a party files a civil lawsuit on road traffic accident compensation, it shall submit the following materials in addition to the complaint: (1) The road traffic accident responsibility confirmation made by the public security organ or the public security organ cannot. If the public security organ refuses to accept the determination of traffic accident liability, it shall also submit the decision of re-determination of traffic accident liability made by the public security organ at a higher level. (2) The conclusion that the accident made by the public security organ was not caused by any party's illegal behavior. (three) when the public security organ mediates, the mediation agreement reached by both parties through mediation, and after the mediation book comes into effect, if the other party fails to perform it, submit the mediation book made by the public security organ. (4) If no agreement is reached through mediation by the public security organ, the mediation conclusion made by the public security organ shall be submitted. 3. The parties shall also submit the following evidence for the compensation items and amounts claimed by them: (1) If the road traffic accident causes people to be disabled, a disability appraisal report shall be submitted; If the public security organ fails to make a disability appraisal when handling road traffic accidents, it shall submit a written application for disability appraisal to the people's court when filing a civil lawsuit. According to the level of disability assessment, ask the other party to compensate the disabled for their living allowance. (2) If there is a disability caused by a traffic accident and it is necessary to prepare instruments with compensation function, a certificate from the hospital shall be submitted. The expenses for disabled instruments shall be calculated according to the certificate from the hospital. (3) Identification of lost time expenses, nursing expenses and nutrition expenses, referred to as "three expenses" identification. If the public security organ fails to identify the "three expenses" when dealing with road traffic accidents, it shall submit a written application to the people's court when filing a civil lawsuit, requesting the people's court to identify the "three expenses" and demanding compensation from the other party for lost time, nursing expenses and nutrition expenses according to the appraisal report. (4) Medical expense voucher refers to the expenses necessary for treating traffic accident trauma. (5) Proof of transportation and accommodation expenses for handling traffic accidents, including proof of their relatives' participation in handling traffic accidents, discount of accommodation expenses and proof of lost time.