Traffic accident compensation involves several aspects: on the one hand, how victims claim compensation, on the other hand, how perpetrators pay compensation, and the liability of third parties such as insurance companies.
After a traffic accident, the most important basis for accident compensation is the traffic accident certificate. Through the accident certificate issued by the traffic control department, all parties can determine the size of the accident liability, and the accident liability is the basis of compensation liability. The liability for compensation for the identification of accident liability shall be handled in accordance with Article 76 of the Traffic Safety Law and Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Road Traffic Accident Damage Compensation Cases.
First, how can the injured party claim compensation?
1, determine the loss.
Determining the loss is the first step of claim, including medical expenses, nursing expenses, nutrition expenses, disability compensation, lost time, death compensation and so on. There are many projects in traffic accident compensation, which are determined by the actual damage and the nature of accidents.
2. Determine the amount of compensation.
The amount of traffic accident compensation is determined according to the compensation items and calculation methods stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases.
3. Take the form of claim.
Traffic accidents with little loss can be reconciled or mediated, and accidents with serious losses can only be solved well through litigation if the parties fail to negotiate.
Second, the perpetrators should pay compensation.
1, cooperate with the treatment of victims.
If a traffic accident causes personal injury, one party, especially the perpetrator, should actively rescue the wounded to avoid further losses caused by the accident.
2. Actively negotiate.
If we can actively negotiate with the victims to deal with the compensation related to traffic accidents, it will be a good way for the perpetrators to deal with traffic accidents.
3. When a criminal offence is involved, seek the understanding of the injured party.
If the perpetrator constitutes a traffic accident crime, and if the perpetrator and his family can obtain the understanding of the victim or his family, then a lighter punishment can be considered when sentencing.
Third, the insurance company's insurance claims.
1, risk and assessment.
The insured will often report the situation to the insurance company after the accident, and the insurance company needs to send an insurance adjuster to identify the accident and decide whether to make insurance claims.
2, according to the insurance contract claims.
The insurance company and the insured of the insured motor vehicle shall actively cooperate with the settlement of the insurance accident. If the victim is not satisfied with the insurance claim, the perpetrator and the insurance company may, as defendants, bring a lawsuit to the people's court for compensation.