Chaoyang Law Firm: How to Handle a Traffic Accident?
Time:
2022-08-22
In recent years, with the popularity of vehicles, there have been more and more traffic accidents.
Traffic accidents can vary in severity. For minor traffic accidents, both parties can rely on experience and reasonably share responsibility, then mediate with each other. However, after a more serious accident, the parties often cannot handle them correctly, leading to an unfavorable division of responsibility, thus putting them at a disadvantage in terms of compensation. This article summarizes seven common legal knowledge points on how to handle traffic accidents.
1. What should I do after a traffic accident?
In the event of a major traffic accident, such as casualties or significant property damage, the parties should protect the accident scene, call 120 for timely rescue of the injured, and call 110 to report to the traffic management department. They should handle the situation upon arrival.
In special circumstances, if vehicles must be moved, they should be marked at the location, and photos of the accident scene should be retained for later determination of accident responsibility. You should also notify the insurance company within 48 hours to insure your vehicle for future claims.
If the traffic accident is relatively minor, you can also move the car to a place that does not affect traffic after saving photos of the accident scene and the other party's driver's license and information, and leaving a phone number.
2. What should I do if I refuse to take responsibility for the accident?
According to relevant laws and regulations, within three days of receiving the "Traffic Accident Determination Letter", if the parties have objections to the division of traffic accident responsibility, they can apply for a review to the traffic accident management department or a higher authority.
3. Division of responsibility and compensation ratio
Many people often mistakenly believe that the liability rate is the same as the compensation rate. In fact, the division of responsibility affects the compensation rate, but it is not equal to the compensation rate.
4. How to file a lawsuit in court after a traffic accident?
A traffic accident is a tort liability case, and the parties can file a tort lawsuit, generally under the jurisdiction of the people's court where the accident occurred.
5. What compensation can be claimed for injuries in a traffic accident?
The injured party in a traffic accident can claim compensation from the tortfeasor for: medical expenses, lost wages, nursing fees, transportation costs, hospital meal expenses, hospital meal subsidies, nutrition expenses, etc.
If the degree of disability is determined, compensation may also be claimed from the tortfeasor for: disability compensation, disability aids, etc.
6. Under what circumstances can I choose negotiation?
If the person's injury is not serious and does not obviously constitute a certain degree of disability, a settlement can be reached through negotiation to resolve the case more quickly. If the injury involves fractures or nerve damage, there may be sequelae. It is recommended to resolve the issue through litigation for safety.
7. Should I hire a lawyer in a traffic accident?
"The technical industry is specialized" and "different industries are like mountains apart." In the highly specialized legal industry, whether resolving through private negotiation or resorting to court, it is closely related to legal regulations. With China's development, new laws and regulations are constantly being formulated and improved, and the professional requirements are also very strong. Lawyers have professional knowledge, litigation skills, and negotiation experience. If a traffic accident occurs, you can first consult a professional lawyer, listen to their advice and analysis, and then decide whether to hire a lawyer.
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