What should I do if I can t afford to pay the compensation???

Anyone who causes the death of one person or the serious injury of three or more persons and bears full or primary responsibility for the accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of causing a traffic accident. If it's secondary responsibility, you're not guilty enough. But you have to be what you said to your face, and there are other particularly heinous circumstances that are enough to be a traffic accident, and these are all premised on full or primary responsibility, such as:

those who are unable to compensate more than 600,000 yuan also have drunk and drug driving; ineligible to drive; Failure or inadequacy of sensible safety devices; Knowingly driving without a license or scrapped; Fleeing the scene of an accident in order to avoid legal prosecution. Judging from the facts of the case you give, it is not enough for you to be subordinately responsible. If the public prosecution sues you and the victim files an incidental lawsuit, you can entrust (not pay compensation) but if you are secondarily responsible, the prosecutor will definitely not sue you, that is, they can only file a civil lawsuit directly, and you will share part of it.

Depending on your situation, the main responsibility should be the other party, if you take the initiative to surrender, it will be beneficial to you, but after all, it is a fatality, you have a better attitude, there should be no jail, the compensation insurance company is the majority, and you are personally a minority.

It is recommended to consult a professional lawyer about your situation, it is good for you, at least you understand what kind of responsibility you pay, and the court will reserve the basic living conditions of citizens for you in compensation! You can rest assured that you will not take all your property as compensation! FYI

Let's wait for the responsibility to be determined. There may be a criminal offence involved. It is not necessary to go to jail, and it may be a suspended sentence. The only house will not be executed, and the necessities of the family's life will still remain. The general ratio of primary and secondary responsibilities is 7 to 3

The basis for this should be that the person concerned is in a state of rescue or coma, resulting in the temporary inability to find out the cause of the traffic accident. According to your statement, I personally estimate that the other party said that he had amnesia and couldn't remember anything, so the traffic police department could suspend the time limit for the determination of the traffic accident after the approval of the higher level, and if the reason for the suspension disappeared, then they would issue a certificate. You should ask the unit that is in charge of the case.

In terms of compensation, be prepared to go through the judicial route to the court judgment, unless the certificate issued by the traffic police department indicates how much responsibility you bear, otherwise the insurance company will not compensate in advance (I personally estimate that the certificate you get later may not be a "traffic accident certificate" that does not identify who bears how much responsibility).

If it is really impossible to determine the liability, you, as the party of the motor vehicle, must bear at least 60% of the compensation liability, but how the specific court will determine depends on the specific circumstances of the traffic accident.

The house is also your property, and in terms of liability, if you are the primary liability, you may have to pay a lot of money, and the secondary liability is also tens of thousands.

You can defer payment or pay in installments.

Legal analysis: According to the law, an application for payment of compensation should be made to the compensation authority with the compensation decision. If the compensation obligation organ does not pay, if the compensation machine is called by the court, you can report it to the people's congress or the higher court; If the compensation authority is an administrative agency, an administrative lawsuit may be filed.

Legal basis: Article 1170 of the Civil Code of the People's Republic of China Article 9 Anyone who infringes upon others and causes personal injury shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the income reduced due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

Legal analysis: If the company does not pay compensation, the employee can apply for labor arbitration. First of all, apply for labor arbitration at the Labor Dispute Arbitration Committee of the Local Human Resources and Social Security Bureau, and you need to bring:

The arbitration application, the applicant's ID card, relevant evidence and list of evidence, and the employer's industrial and commercial registration information. After submitting the materials, the arbitration commission shall file the case within 5 working days, and give both parties a period to present evidence and a time period for both parties to reply. After that, the arbitration committee made an award.

If the case is concluded within 60 days after the labor arbitration, if the parties are not satisfied with the award, they may file a lawsuit with the Lusou Court. During the period when the employee applies for labor arbitration, he or she can also work in the new unit.

Legal basis: Article 77 of the Labor Law of the People's Republic of China provides that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings.

Legal analysis

If an employer dismisses an employee and does not pay economic compensation, the employee may apply to a labor arbitration institution for labor arbitration and demand the payment of economic compensation.

In accordance with the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If you are unwilling to mediate, fail to make a mediation judgment or fail to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal basis

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal Analysis: If an employer dismisses an employee and does not pay economic compensation, the employee may apply to a labor arbitration institution for labor arbitration and demand payment of economic compensation.

In accordance with the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, resignation, resignation, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

1. What should I do if the compensation has not been paid?

1. If the compensation has not been paid, the creditor can deal with it through negotiation, mediation, arbitration or litigation, etc., and the parties need to pay attention to the legal conditions for filing a lawsuit for the plaintiff to have a direct interest in the case, to have a clear defendant, and to have specific litigation claims and facts and reasons.

2. Legal basis: Civil Procedure Law

Article 122:The following requirements must be met for prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the lawsuit may be filed orally, and the people's court will record it in the record and inform the opposing party.

2. What materials are required to apply for compulsory enforcement

When applying for compulsory enforcement, the parties shall submit the following documents and certificates to the people's court:

1. Apply for execution. The written application for enforcement shall clearly state the reasons, matters, and subject matter of the application for enforcement, as well as the property status of the person subject to enforcement as known to the person applying for enforcement.

1) If the person applying for enforcement has real difficulties in writing the application for enforcement, he may submit an application orally. The reception personnel of the people's court shall make a record of the oral application, and the person applying for enforcement shall sign or affix a seal.

2) Where a foreign party applies for enforcement, it shall submit a written application for enforcement in Chinese. Where there are special provisions in a judicial assistance treaty concluded between the country where the parties are located and China has concluded or jointly participated, it is to be handled in accordance with the provisions of the treaty.

2. Copies of effective legal documents.

3. The identity certificate of the person applying for execution. If an individual citizen applies, he or she shall present his or her resident identity card; Where a legal person applies, a copy of the legal person's business license and the identity certificate of the legal representative shall be submitted; Where other organizations apply, a copy of the business license and proof of identity of the principal responsible person shall be submitted.

4. If the heir or the successor of the right applies for enforcement, the certificate of inheritance or inheritance of the right shall be submitted.

5. Other documents or certificates that should be submitted.

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