How long do you go to the claim center after the accident
Contact the insurance
1. According to Article 76 of the road traffic safety law of the people's Republic of China, the liability for compensation shall be negotiated by itself or under the guidance of the insurance company's personnel who investigate and determine the loss
If there is no insurance claim, it can be negotiated and performed under the principle of equality and voluntariness (1) after reporting the case to the insurance company, go to the nearest traffic accident quick claim center or the place designated by the insurance company for accident loss investigation, loss determination and claim settlement(2) obtain the confirmation letter of traffic accident loss issued by the investigators after the accident loss survey
(3) fill in the insurance claim form according to the regulations, and according to the agreement with the insurance company, go to the quick claim center to handle the insurance claim with the relevant materials
extended data:
1. It is not suitable to evacuate from the scene in five cases of traffic accidents
2. Vehicles carrying explosives, flammable and explosive chemicals, toxic, radioactive, corrosive, infectious disease pathogens and other dangerous goods
3. The motor vehicle has no license plate, no inspection mark, no insurance mark, or the motor vehicle driver has no valid driving license
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5. The driver had drinking, taking psychotropic drugs or narcotic drugs controlled by the state and other immovable situations
The parties concerned should protect the scene and immediately report to the police:1
2. The parties have disputes about the facts or causes
3. The motor vehicle has no license plate, no inspection mark and no insurance mark
4. Vehicles carrying explosives, inflammable and explosive chemicals, toxic, radioactive, corrosive, infectious disease sources and other dangerous goods
If the injury is minor and does not constitute disability, the claim can be settled after discharge. If it constitutes a disability, the claim can be settled after the disability level appraisal is made. Some patients still need later treatment. For example, the steel nail can be taken out only one year after fracture surgery, and the later treatment fee can be identified through the appraisal center. After getting the later treatment fee appraisal, the claim can be settled without waiting for a year
we also need to pay special attention to the diagnosis of the injury, so as to avoid the follow-up assessment of disability and compensation e to the doctor's incomplete or even wrong record of the disease. At the same time, if the injured person has paid the medical expenses, he must get the original invoice of medical expenses when he is discharged. If he cannot get the original invoice of medical expenses, he must ask the hospital or the vehicle side to issue a written certificate for the amount of medical expenses paid by the user
extended data:
precautions:
Article 17 of the full text of judicial interpretation of compensation for personal injury: the victim suffered personal injury, the expenses for medical treatment and the income reced e to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies, and necessary nutrition expenses, The person liable for compensation shall make compensation
if the victim is disabled e to injury, the compensation obligors should also compensate for the necessary expenses for increasing living needs and the income loss caused by the loss of working ability, including disability compensation, disability assistive devices, the living expenses of the dependents, as well as the necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred e to rehabilitation nursing and continuing treatment
nursing fee refers to the cost that the victim's ability of action and self-care has decreased to a certain extent e to health and other reasons after the road accident, and needs to be accompanied and nursed by his family or other relatives, and compensated by the person responsible for the accident according to certain standards. If you really need nursing after discharge, you can still calculate the nursing fee. The nursing period and the degree of nursing dependence can only be determined by the forensic appraisal institution. The period of nursing care should be calculated until the client recovers the ability of self-care. If the patient cannot take care of himself completely after discharge and still needs to continue nursing, the medical institution must issue a medical order certificate or diagnosis certificate to determine the nursing time and number of nurses. For those who still need nursing dependence after more than 3 months, they should apply to the appraisal institution to determine whether the client needs nursing. If the person concerned is unable to recover the ability of self-care e to disability, a reasonable nursing period may be determined according to his age, health status and other factors, but the longest period shall not exceed 20 years. The nursing level should be determined according to the degree of nursing dependence and the preparation of assistive devices for the disabled. Legal basis: Interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of cases of compensation for personal injury Article 21 nursing expenses shall be determined according to the income of nursing staff, the number of nursing staff and the period of nursing. If the nursing staff have income, it shall be calculated according to the provisions of delay fee; If nursing staff have no income or employ nursing workers, it shall be calculated according to the labor remuneration standard of local nursing workers engaged in the same level of nursing. In principle, the number of nursing staff is one, but if the medical institution or appraisal institution has a clear opinion, the number of nursing staff can be determined by reference. The period of care should be calculated until the victim recovers the ability of self-care. If the victim is unable to recover the ability of self-care e to disability, a reasonable period of care may be determined according to his age, health status and other factors, but the longest period shall not exceed 20 years. The level of care should be determined according to the degree of nursing dependence and the preparation of assistive devices for the disabled
1. If the insurer considers that the evidence and information about the claim provided by the insured are incomplete, it shall timely inform the applicant and the insured to provide supplementary information at one time
2. The insurer shall inform the insured of the verification result; If it is an insurance liability, it shall perform the obligation to compensate for the insurance benefits within 10 days after reaching an agreement with the insured to pay the insurance benefits. Where there is an agreement on the time limit for payment of insurance benefits in the insurance contract, the insurer shall perform the obligation of payment of insurance benefits in accordance with the agreement. After the insurer has made the verification in accordance with the provisions of the preceding paragraph, it shall, within three days from the date of verification, issue a notice of refusal to pay the insurance benefits to the insured and explain the reasons
3. If the insurer cannot determine the amount of payment within 60 days from the date of receiving the claim for payment of insurance benefits and relevant certificates and materials, it shall pay in advance according to the amount that can be determined by the existing certificates and materials; After the insurer finally determines the amount of payment, it shall pay the corresponding difference.
After the accident, we should settle the claim as soon as possible
One of the most important things to pay attention to when discharged from hospital is the invoice of medical expenses. If the injured person pays medical expenses, he must get the original invoice of medical expenses; If you can't get the original invoice of medical expenses, the injured must ask the hospital or the vehicle side to issue a written certificate for the amount of medical expenses they paidthe compensation items for traffic accidents refer to the items included in the compensation given by the perpetrators to the victims in traffic accidents, mainly including medical expenses, work delay expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies ring hospitalization, nutrition expenses, appraisal expenses, disability compensation, disability assistive equipment expenses, funeral expenses, living expenses of the dependents, death compensation Solatium for mental damage
2. When you are in danger. If you report to the insurance company, it will prove that you have exercised your right of claim. As for the materials you submitted, there is no time limit
3. Some insurance companies have misunderstood the claim period and told you that you can't claim for more than two years. You don't care about him at all. At that time, if they have any objection, they can sue them. Not everyone in an insurance company knows about insurance, and many of them are half baked
in addition, "wage bank statement" should be used to calculate the cost of work delay. If not, the insurance company can calculate according to the minimum standard of local urban residents. If the difference is not too big, I suggest that we should bear a little loss and make a little less compensation. Let's get to know earlier, don't you think.
Shaoxing traffic accident lawyer Hao Xiaoqing answers for you
