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How to deal with traffic accident death social security
Social security mainly includes individual compensation items and special compensation items. Individual compensation items include one-time disability compensation, one-time work-related death compensation and disability compensation and death compensation in traffic accident compensation. This kind of compensation project is the compensation fee obtained because of personal injury, which has personal exclusiveness and can be claimed separately in two types of compensation cases. Generally speaking, traffic accidents usually refer to incidents that cause casualties or property losses due to vehicle faults or accidents on the road. In addition, traffic accidents can be caused not only by unspecified personnel violating traffic regulations, but also by irresistible natural disasters such as earthquakes, typhoons, mountain torrents and lightning strikes. Traffic accidents are divided into four grades: minor accidents, general accidents, major accidents and major accidents. When there is a traffic accident on the road, the driver of the vehicle should stop immediately to protect the scene. If personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured.
Legal basis: Article 76 of the Road Traffic Safety Law of the People's Republic of China stipulates that if a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third party liability insurance; The insufficient part shall be liable for compensation in accordance with the following provisions: (1) In case of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions. (two) motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and the non-motor vehicle drivers and pedestrians are not at fault, and the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation 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 not exceeding 10%.
What if the employer fails to pay social insurance in full?
1. If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.
2. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.
3. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.
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