Legally speaking, economic benefits are not the first.
A scene should provide evidence, as long as you don't cheat, things will.
Look at this. Everyone encounters a similar situation, and it is recommended to pass.
Legal procedures for safeguarding rights. In addition, whether it was a unilateral accident.
Call the police. The accident certificate is still needed, not for the client.
Convenient and easy.
You must read what you have learned.
(Take Zhejiang as an example)
I. Zhejiang traffic accident compensation Project
Traffic accident compensation projects in Zhejiang mainly include: 1. Medical expenses. Lost time 3. Nursing expenses 4. Transportation expenses. Hospitalization food subsidy 6. Accommodation fee. Nutrition expenses. Disability compensation. Disability assistive devices 65,438+00. Funeral expenses and related expenses for handling the funeral are 65,438+0. Death compensation (.
Second, the compensation standard for traffic accidents in Zhejiang Province
Generally, the compensation standard will be implemented from May 1 day of each year. In the new standard, the lost time, nursing expenses, disability compensation, death compensation, funeral expenses and living expenses of dependents have all increased compared with the previous year, and the mental damages are relatively fixed, generally not exceeding 50,000 yuan. In addition, except Ningbo, the compensation standards in the whole province are the same. You can consult your local lawyer for the specific amount.
Three, Zhejiang traffic accident handling procedures
The first step is to call the police: after a traffic accident, it is best to call the police immediately to avoid unnecessary disputes. After the alarm, the traffic police will issue an accident certificate as the basis for asking the insurance company for compensation and claims in the future.
The second step is to report the case to the insurance company: if the case is not reported to the insurance company in time, the insurance company may refuse to pay compensation. When reporting the case, the insurance company will generally ask in detail, or it may be recorded at the same time. If the statement is inaccurate and inconsistent with the actual situation, it may become the reason for the insurance company to refuse compensation in the later period. Therefore, it is suggested that only the insured vehicle, accident location and contact person should be reported when reporting the case, and the insurance company should send someone to check other requirements.
Step 3: Traffic police investigate the accident: The traffic police will do the following work according to the actual situation: on-site investigation, taking notes to insiders, alcohol testing, vehicle testing and corpse inspection. In this process, both sides of the accident should cooperate with the traffic police for their own interests, and if necessary, please ask professionals to submit written opinions to the traffic police to express their positions. Any party to the accident who disagrees with the results of alcohol test, vehicle test and corpse test can submit it for review, which has great influence on the division of accident responsibility. In accident investigation, traffic police usually detain cars, driver's licenses and driving licenses. According to the law, the vehicles involved should be released after inspection, and towing is illegal.
The fourth step, the traffic police issue a traffic accident confirmation: after the traffic police accept it, they issue a traffic accident confirmation according to the investigation materials, find out the main situation of the incident, analyze the cause of the accident, and divide the responsibilities according to the traffic violations and faults of all parties. From the acceptance to the issuance of the confirmation letter, if inspection and appraisal are needed, the actual need is about 1 month. If a party refuses to accept the conclusion of the accident, it may apply to the traffic department at the next higher level for review.
The fifth step is civil compensation mediation: the traffic police will mediate the civil compensation of both parties according to the application. In civil mediation, the party who caused the loss often got the insurance company after the mediation result came out, and the insurance company refused to recognize it and refused to settle the claim. If both sides can meet each other halfway, there is still a chance of successful mediation.
Step 6: Civil compensation prosecution: If no mediation agreement can be reached for civil compensation, the party who has suffered losses may sue the court for civil compensation.
Step 7: Others: If traffic accidents involve traffic violations, the traffic police will handle them together; Those involved in drunk driving and traffic accidents will be transferred to judicial procedures and investigated for criminal responsibility.
Four, Zhejiang traffic accident handling matters needing attention
First, a traffic accident on the way to and from work may constitute a work-related injury, and you can claim double compensation;
Second, some reasons why insurance companies refuse to pay compensation are not established: for example, the exemption clause fails to fulfill the obligation to inform;
Third, compulsory insurance companies should bear the obligation of paying in advance in some cases, so that the injured party can get timely compensation;
Fourth, the handling of accidents may involve traffic violations, disputes over the division of responsibilities, criminal liability, refusal of compensation by insurance companies, civil compensation and other issues. It is suggested to ask professionals to assist in handling the accident as soon as possible.