In real life, in the process of asking the court to prosecute, we all need to pay legal fees. Naturally, legal fees will not be charged indiscriminately, and there will be standards that should be established. Let's take a look at the relevant content about how much we provide you with traffic accident lawyer fees.
1. How much is the lawyer's fee for the traffic accident?
1, asset case: 1 0,000 to 50,000, and the charging rate is 4%, plus 10 yuan; The charging standard for more than 50,000 yuan to 65,438+10,000 yuan is 3%, plus 5 10 yuan; More than 2% of the charging standard of 65438+100000 to 200000, plus 15 10 yuan; The charging standard from 200,000 to 500,000 is 1.5%, plus 25 10 yuan; The charging rate from 500,000 to 654,380,000 is 65,438+0%, plus 5,065,438+00 yuan; The charging standard for 1 10,000 is 0.5%, plus 100 10 yuan.
2. Apply for court enforcement: 1 1000 yuan to 65,438+10,000 yuan, the charging standard is 1%, plus 20 yuan; The charging standard of 65,438+10,000 yuan is 0.5%, plus 520 yuan.
3. Application for execution of cases: 1 10,000 yuan to 500,000 yuan, the charging standard is 0.5%; The charging standard for more than 500,000 yuan is 0. 1%, plus 2,000 yuan. After the case is put on file for investigation, no execution fee is charged.
4. If the people's court of second instance remands the case for retrial, the fees paid in advance for accepting the prosecution case will not be refunded; If the case is prosecuted again after retrial, the case acceptance fee will not be paid in advance.
5. For cases in which the trial is never tried, the prosecution is dismissed, and the defendant rejects the objection to the appeal jurisdiction, the case acceptance fee shall be charged according to the charging standard for non-asset cases.
6. If the appellant explicitly filed two appeals, the defendant filed an appeal, and the third party explicitly filed a claim related to the case, and the people's court must hear it together, the case acceptance fee shall be deducted according to different claims.
7. For cases applying for recognition of foreign arbitral awards, 500 yuan RMB shall be paid for each case; Cases applying for recognition and enforcement of foreign arbitral awards shall be returned to the applicant after deducting 500 yuan if the final judgment only recognizes non-enforcement according to the relevant requirements of the charging method and the amount or pre-tender price applied for enforcement.
8. The appellant shall submit the case brought by the lower court of first instance to the court in advance. If both parties explicitly appeal, they shall pay in advance. The amount is the same as that of the first instance.
9.( 1) Apply to the people's court for retrial according to the requirements of Item (1) of Paragraph 1 of Article 179 of the Civil Procedure Law. If the people's court conducts a retrial after verifying the decision, the defendant shall pay the litigation costs;
(2) The defendant did not file a lawsuit against the judgment or ruling of the court of first instance. After the judgment, ruling or civil mediation of the first instance came into effect, the defendant explicitly applied for retrial. After verification, the people's court decided to retry the case and should pay the litigation costs; 13.3 Other cases summoned and retried in accordance with the trial supervision procedure shall be exempted from the case acceptance fee.
10. When trying a case with foreign exchange as the base price, the ordinary people's court will calculate the amount of litigation fees payable according to the base price, and convert it into RMB according to the exchange rate on the day when the ordinary people's court notifies the defendant in writing to pay the litigation fees; The case acceptance fee and application fee are calculated and deducted in RMB; Other litigation expenses, except those that must be paid abroad, shall be deducted in RMB.
Second, is the insurance company responsible for legal fees?
In the trial of personal safety loss compensation cases in road traffic accidents, insurance companies generally feel that they should not bear the litigation costs. The actual legal provision is the fourth item of Article 10 of the Compulsory Insurance Clause for Motor Vehicle Traffic Accidents (hereinafter referred to as the insurance clause) issued by China Insurance Regulatory Commission: "Litigation or litigation costs and other related expenses caused by traffic accidents are new items exempted from traffic compulsory insurance liability, and the insurance company will not undertake compensation and advance payment."
As we all know, from the legal design scheme of traffic compulsory insurance, the key to protect rights and interests is not the corresponding third-party victims of safety accidents, but the goal is to enable the victims of safety accidents to obtain clear insurance contracts quickly and immediately. The mention of this kind of prosecution stems from the insurance company's refusal to perform the obligation of personal injury compensation. Therefore, as a punishment for violating the original intention of the law, it is reasonable for insurance companies to pay lawyer's fees.
At the same time, Article 51 of China's Insurance Law requires: "If the beneficiary of liability insurance is sued or sued for an insurance accident that causes damage to a third party, unless otherwise agreed in the contract, the litigation or litigation expenses paid by the beneficiary and other necessary and effective expenses shall be borne by the insurance company." According to the standard of "superior law is superior to subordinate law", the legal effect obtained by this legal clause is obviously superior to the fourth item of Article 10 of the insurance clause. Therefore, in practice, the judicial department generally judges insurance companies to pay the litigation costs of personal safety infringement compensation in traffic accidents.
In fact, in the judicial department of Hefei, Article 63 of the "Implementation Opinions of Hefei Intermediate People's Court on Several Phenomena of Applying Laws in the Trial of Road Traffic Accident Loss Compensation Cases" requires that an insurance company, as a defendant or a third party, refuses to pay compensation or advance treatment expenses within the scope of compulsory traffic accident insurance, and shall bear the corresponding litigation costs.
Third, the traffic accident lawyer's fee
After the implementation of the Road Traffic Safety Law on May 1 2004, it is stipulated that motor vehicles must purchase compulsory liability insurance for motor vehicles to ensure that traffic accident victims can get early first aid and maximum economic compensation after traffic accidents.
Regarding the pressure of traffic accident attorney fees, if the insurance company actively pays compensation after the traffic accident and before the prosecution, the insurance company cannot bear the litigation costs. If the insurance company refuses to pay, or fails to pay according to the relevant laws and regulations, and the amount of compensation is within the scope of commercial insurance, the insurance company shall bear all the litigation costs. If the amount of compensation exceeds that of commercial insurance, the insurance company shall bear the litigation expenses corresponding to the amount of compensation, and the remaining expenses shall be borne by multiple defendants according to the size of their obligations and the amount of compensation, which is in line with the requirements of Article 19 of the Measures for Charges of People's Courts.
It is likely that some people think that the insurance company is not the person responsible for traffic accident infringement, and it is unreasonable to ask the insurance company to pay the victims of safety accidents immediately and bear the litigation costs. Bian Xiao thinks that with the continuous development of the times and the continuous improvement of laws and regulations, people's cognition is also constantly improving, and the value of life (including life value) is infinite. When a person's body is damaged or killed, he can get maximum assistance and compensation, which can reflect the use value of human life.
Million car purchase subsidy