What should I do if the other party is solely responsible for a traffic accident?
In a traffic accident, if the other party is determined to be solely at fault, the injured party needs to know how to handle subsequent matters, including claims, repairs, and legal proceedings. Below is a detailed how-to guide.
1. Steps for handling the other party’s full responsibility for traffic accidents
1.Stay safe and call the police: First ensure the safety of the scene to avoid secondary accidents, and call the police immediately, and the traffic police will issue an accident liability certificate.
2.collect evidence: Take photos and videos of the scene, record the other party’s vehicle information, driver’s license and insurance policy, and keep medical records (if anyone is injured).
3.Contact insurance company: Report the case to the other party’s insurance company and submit relevant evidence and accident liability determination letter.
4.Negotiate compensation: Negotiate with the other party’s insurance company on compensation matters such as car repair costs and medical expenses. If negotiation fails, legal avenues may be considered.
5.legal action: If the other party refuses to compensate or delays the processing, you can file a lawsuit in court and require the other party to bear full responsibility.
2. Compensation items for which the other party is solely responsible for traffic accidents
| Compensation items | Specific content | Remarks |
|---|---|---|
| Vehicle maintenance fees | Including repair fees and parts replacement fees | Maintenance invoice required |
| medical expenses | Hospitalization fees, surgery fees, medicine fees, etc. | Hospital receipt required |
| Lost work fee | Lost income during time off work due to injury | Proof of salary is required |
| transportation expenses | Additional transportation costs due to the accident | Invoice required |
| Mental damages | You can apply for mental compensation in serious accidents | Requires court decision |
3. Frequently Asked Questions about the Full Liability of the Other Party in Traffic Accidents
1.What should I do if the other party doesn’t cooperate?: If the other party does not cooperate with the compensation, you can directly claim compensation from the other party’s insurance company with the accident liability determination letter, or resolve it through legal channels.
2.What should I do if the insurance company delays paying the claim?: You can complain to the China Banking and Insurance Regulatory Commission or sue the insurance company.
3.What should I do if I have full liability for an uninsured vehicle?: If the other party does not have insurance and needs to recover compensation through legal channels, enforcement may be difficult.
4. The legal basis for the full liability of the other party in a traffic accident
According to Article 76 of the Road Traffic Safety Law, if a traffic accident involving a motor vehicle causes personal casualties or property losses, the insurance company shall compensate within the liability limit of the compulsory motor vehicle third-party liability insurance; any shortfall shall be borne by the at-fault party.
Summary: When the other party is fully responsible for a traffic accident, the injured party should deal with it calmly, call the police in time, collect evidence, and protect its own rights and interests through insurance companies or legal channels. If you encounter complex situations, it is recommended to consult a professional lawyer.
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