Legal basis "Regulations on Procedures for Handling Road Traffic Accidents"
Article 51 If a party has any objection to the determination of a road traffic accident, he may, within three days from the date of the service of the determination of the road traffic accident, submit a written application for review to the traffic management department of the public security organ at the next higher level.
The application for re-examination shall specify the request for re-examination and its reasons and main evidence.
Article 52 The traffic administrative department of the public security organ at the next higher level shall make a decision on whether to accept or not within five days after receiving the written application for review by the parties concerned. In any of the following circumstances, the application for review shall not be accepted, and the parties concerned shall be notified in writing.
(a) the parties to the people's court, the people's court accepted;
(two) the people's Procuratorate approved the arrest of traffic accident suspects;
(3) Road traffic accidents handled by summary procedures;
(four) accidents when vehicles pass outside the road.
The traffic administrative department of the public security organ shall notify the parties in writing when accepting the application for review.
Article 54 If the traffic administrative department of the public security organ at a higher level thinks that the facts of the original road traffic accident are unclear, the evidence is insufficient, the division of responsibilities is unfair, or the investigation and determination violates legal procedures, it shall make a review conclusion and order the original case-handling unit to re-investigate and determine it.
If the traffic administrative department of the public security organ at a higher level thinks that the facts of the original road traffic accident are clear, the evidence is sufficient, the applicable law is correct, the division of responsibilities is fair, and the investigation procedure is legal, it shall make a review conclusion to maintain the original road traffic accident identification.
Article 55 After the traffic administrative department of the public security organ at the next higher level makes a review conclusion, it shall call all parties to the accident and announce the review conclusion on the spot. If the party concerned is not present, it shall take other legal forms to serve the review conclusion on the party concerned.
The traffic administrative department of the public security organ at the next higher level shall review it once.
Article 56 After the traffic administrative department of the public security organ at a higher level makes a review conclusion that it is ordered to re-identify, the original case-handling unit shall re-investigate in accordance with these provisions within 10 days, re-create the road traffic accident certificate, and revoke the original road traffic accident certificate.
If the re-investigation requires inspection and appraisal, the original case-handling unit shall, within five days from the date of determining the conclusion of inspection and appraisal, re-create the road traffic accident certificate and revoke the original road traffic accident certificate.
If the road traffic accident certificate is re-made, it shall be served on all parties by the original case-handling unit and submitted in writing to the traffic management department of the public security organ at the next higher level for the record.
How to deal with the secondary responsibility of drivers poisoned by traffic accidents? Be liable for compensation according to the secondary liability.
Those who drive under the influence of drugs shall be detained on 10- 15 and may be fined up to 2000 yuan.
If it constitutes a criminal offence, it shall be dealt with separately.
In case of a traffic accident, do you want to pay for the car repair yourself? The other side looks at the size of the insurance company. The big one can be paid by the insurance company, and the small one should be paid first. Peace means that you don't have to pay first, because it has a lot of money.
In the event of a traffic accident, the other party bears the primary responsibility and we bear the secondary responsibility. This truck needs to be repaired for more than a month. What should we do about the loss? We can ask the other party to compensate for the operating losses during the maintenance of the truck.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Cases of Compensation for Damage Caused by Road Traffic Accidents Article 15 The people's court shall support the following property losses caused by road traffic accidents:
(a) the cost of repairing damaged vehicles, the loss of goods carried by vehicles, and the cost of vehicle rescue;
(three) vehicles engaged in business activities such as cargo transportation and passenger transportation according to law are unable to engage in corresponding business activities, resulting in reasonable shutdown losses;
When a traffic accident happens on the way off work, how to deal with the secondary responsibility can be counted as a work-related injury. But your violation will be punished by the traffic police department. How to deal with the secondary responsibility for traffic accidents on the way off work?
In the event of a traffic accident, the other party bears the main responsibility, and I am responsible. The other party tried to blackmail me. What should I do? 1, the traffic accident shall be subject to the responsibility certificate issued by the traffic police. You are the secondary responsibility, and the other party is the primary responsibility. You only need to compensate the other party for 30% of the economic losses. For your economic loss, you can ask the other party to compensate 70% of the economic loss.
2 compensation items include medical expenses, lost time, nutrition expenses, nursing expenses, property losses, etc. If it constitutes a disability, it is necessary to compensate the other party for disability compensation.
3. The amount of expenses can refer to the following standards:
(1), medical expenses.
Medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including the registration fee, examination fee, operation fee, medical fee, hospitalization fee, cosmetic fee and follow-up treatment fee paid by the other party for treatment;
(2) Nutrition fee.
The amount of nutrition fee is determined according to the diagnosis certificate of nutrition demand and related expense certificate issued by the doctor. Refers to the cost of purchasing nutrients other than daily diet for auxiliary treatment of diseases or recovery as soon as possible.
(3), lost time and nursing expenses.
The lost time fee and nursing fee are determined according to the lost time fee and income of the other party or nursing staff. If there is a fixed income, the lost time fee shall be calculated according to the actual reduced income. If there is no fixed income, it shall be calculated according to its average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
(4), transportation and accommodation costs.
Transportation expenses are calculated according to the actual transportation expenses and necessary accompanying personnel incurred by the other party for medical treatment or transfer to other hospitals;
Accommodation fees shall be paid according to the actual accommodation fees of the other party and its entourage;
Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards;
(5) Compensation for disability.
Disability compensation is calculated according to the disability level determined by judicial appraisal and the living expenses or income standard of the other party's domicile or actual residence. According to the local per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years;
(6) Disability AIDS.
The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices.
(7), property losses
Property losses are limited to the actual property losses suffered by the other party, including the maintenance and depreciation of the goods, and to the actual value of the damaged goods. Invoice, contract, receipt, etc. Proof of the purchased goods should be provided to prove the value of the damaged goods. If the value cannot be determined, it may apply for appraisal and be determined according to the appraisal conclusion.
4. If there is no obligation to pay in advance, you can ask the other party to treat you first, and after the treatment, you can claim compensation from you with formal bills. Fees or unreasonable demands that are not supported by evidence can be rejected.
It is suggested to solve the problem through consultation. If negotiation fails, a lawsuit can be brought or a lawyer can be entrusted to represent the lawsuit.
You can ignore the unreasonable demands of the other party and inform the other party that you can sue for rights protection. Respond when the time comes. If it is too noisy, you can call the police.
The other party is mainly responsible for the traffic accident. I pay secondary responsibility. The other party was injured and hospitalized, and refused to leave the hospital. Ask us for compensation. What should I do? Pay him back, he can stay in the hospital as he wants, and let the other party sue you and your insurance company after discharge. The court will verify his reasonable expenses and the insurance will compensate him according to the judgment.
In the event of a traffic accident among three parties, one party shall bear the primary responsibility and the other two parties shall bear the secondary responsibility. How to compensate according to the accident liability certificate issued by the transportation department?
Since the responsibility for the accident has been determined, it should be compensated in proportion to the responsibility.