Road Traffic Accident Claim Guide

Author: Jiang Liwei
Publisher:
Publish Date: 2005-01-01
Features: Perhaps by chance, you find yourself a party involved in an accident. If fortunate, you may only suffer minor losses, and since you have insurance, you can still file a claim with the insurance company (as long as it's not an excluded coverage). But if you don't have insurance and unfortunately suffer injuries, get hospitalized, or even if your relatives are injured or pass away as a result, how should you identify the liable party? How should you determine which items are claimable and the amount of compensation? How is the amount calculated? How should you gather evidence? How can you seek compensation through negotiation, mediation, or litigation? When you are inevitably drawn into a lawsuit, how can you best protect your legitimate rights and interests? Or if you are a judicial officer facing the requests of parties involved in a dispute and need to adjudicate fairly, how can you determine who is at fault? This book is specifically written to address these issues. The authors are mostly master's or doctoral students in law from renowned law schools, and some are judges or lawyers with years of judicial practice, possessing deep expertise in both legal theory and practice. We believe this book can provide a valuable reference for you in terms of the operational guide and effective compensation pathways. To facilitate easy reference, the book is specially designed in terms of structure and format. Compared to other dispute-related books, the differences are as follows:
1. The chapters of this book are arranged in the chronological order of the compensation process:
① Overview of the accident, giving you a basic legal understanding of the incident —
② After the accident, under what circumstances can you claim compensation (accident determination) —
③ Disability assessment (this is a key basis for compensation) —
④ Determining the liable party (who is responsible) —
⑤ Compensation items and amount calculation (helping you have a clear idea when claiming) —
⑥ Evidence collection (gathering various relevant evidence can increase your chances of success in claiming) —
⑦ What relief options can be chosen (paths to resolve the accident) —
⑧ What difficulties may arise during the compensation process and how to resolve them —
⑨ Finally, it includes relevant legal grounds for compensation and sample legal documents commonly used in the process.
2. We present the procedural aspects of compensation in the form of 【Flowcharts】to provide you with a general understanding of the entire process in a short time.
3. The book strives for simplicity in language while including vivid 【Case Studies】to illustrate points. For some important issues, we provide professional 【Lawyer Comments】, and for key doubts and difficulties in the core content of compensation, we offer 【Expert Explanations】to help you better understand complex legal issues.
4. We also provide professional 【Lawyer Reminders】for valuable yet easily overlooked issues, marked with a shaded box for your attention.