1. Traffic accident responsibility can be determined by the traffic police department;
2. Both parties may apply for mediation by the traffic police;
3. If mediation fails, you can bring a lawsuit to the court. If you can't reach a settlement with the insurance company and the driver, or mediation fails, then you can only sue them in court and ask them to bear the corresponding liability for compensation.
What is the compensation standard for traffic accident liability division?
1. Those who take full responsibility for the accident shall bear 1% of the compensation liability:
2. Those who take the main responsibility shall bear 7% of the compensation liability and the secondary responsibility shall bear 3% of the liability;
3. Those who bear the same responsibilities shall bear 5% of the compensation liability.
legal basis: article 179 of the civil code of the people's Republic of China
infringes on others and causes personal injury, it shall compensate the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
Article 181
If the infringer dies, his near relatives have the right to request the infringer to bear tort liability. If the infringed person is an organization and the organization is divided or merged, the organization that inherits the rights has the right to request the infringer to bear the tort liability.
if the infringer dies, the person who paid the reasonable expenses such as medical expenses and funeral expenses of the infringer has the right to claim compensation from the infringer, unless the infringer has already paid the expenses.