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What materials should be taken with traffic accident compensation

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What materials should be taken with traffic accident compensation


        

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  • 2024-06-06 07:00:48

    In case of a traffic accident claim dispute, the following materials shall be prepared for filing a claim for traffic accident compensation:

    1. If the plaintiff is a natural person, he/she shall submit his/her identity certificate, such as ID card, household register, etc.

    2. If the plaintiff is a legal person or other organization, it shall submit the registration materials of the subject, such as the copy of the industrial and commercial business license or the industrial and commercial registration list issued by the industrial and commercial registration authority, and the registration certificate of the association legal person.

    3. If the plaintiff has changed its name after the occurrence of the legal facts in dispute, it shall submit the change registration materials.

    4. If the party concerned is the family member of the deceased in the road traffic accident damage compensation dispute, the proof of the first heir of the deceased and the proof of the basic information of the heir shall be submitted.

    5. Submit the certificates of the owner, actual controller and driver of the vehicle involved in the accident and the certificates of relevant relationships.

    6. Provide certificates of the owner, actual controller and driver of the damaged vehicle as well as the mutual relationship.

    [Legal Basis]

    Article 76 of the Road Traffic Safety Law states that if a traffic accident involving a motor vehicle causes personal injury, death or property loss, the insurance company shall compensate within the limit of liability of the compulsory third party liability insurance for motor vehicles; The insufficient part shall be liable for compensation in accordance with the following provisions:

    (1) If a traffic accident occurs between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults.

    (2) If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation of not more than 10 percent. If the loss of a traffic accident is caused by the intentional collision of a non motor vehicle driver and a pedestrian with a motor vehicle, the motor vehicle party shall not be liable for compensation.

    Qi***

    2024-06-06 07:00:48

  • civil Relevant knowledge

  • law

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