For a small traffic accident, the other party is fully responsible and fully insured, do I have to p

If the loss caused by the traffic accident is within the scope of compensation of the insurance company insured by the infringer's vehicle, there is no need to apply for property preservation.

See: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents

Article 16: Where a motor vehicle that has simultaneously insured both compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") causes damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:

1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;

2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;

Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.

There is no need at all, in the future to sue the owner and the insurance company, the owner's loss is borne by the insurance company, and the insufficient part is borne by the car owner. If you are not convinced, you can consult a local lawyer.

If there is an accident, we are fully responsible, and the other party wants to protect it, then you can negotiate privately to resolve it and face it positively. Here's a breakdown of the issue:

1.If you pay more money for on-site privacy, depending on the situation, there are no injuries, just a small touch, and if there is no dispute between the two parties about the responsibility for the accident, you can claim compensation according to the market. For example, our main responsibility, the other party's bumper is only slightly scratched, after discussion, we give the other party a certain amount of compensation, and then repair the car.

2.After an accident, quickly settle a claim and go to the insurance company for identification. Similarly, if there is no injury, only a small collision, and there is no dispute between the two parties on the responsibility for the accident, both parties fill in the "Traffic Accident Scene Agreement", report the case (or all the responsible parties report) after determining the responsibility, quickly evacuate the scene and meet with both parties or the insurance company of the fully responsible party for damage assessment and maintenance.

3.The other party asks for preservation, and if the vehicle is impounded, you can pay the money to the court to unseal it first, and then the money can be returned after the court makes a judgment.

4.You can also apply for a counter-guarantee and provide a counter-guarantee or property to bring out the car. Since the other party has applied for preservation, it will file a lawsuit within 30 days, otherwise the court will revoke the preservation.

Professional traffic accident lawyers, if in doubt, can come to the law firm for a detailed interview in person after getting a court summons or receiving a court notice.

Extended Materials. 1.Article 72 After receiving the traffic accident report, the traffic management department of the public security organ shall immediately dispatch the traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible.

2.Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification. Therefore, the act of impounding the car is only necessary to investigate the responsibility of both parties for the accident.

I don't see *** gold regulations.

3.Necessary self-rescue measures should be taken, and after an accident, the victim should remain calm and take self-rescue measures immediately to minimize personal injury.

4.Identify the traffic perpetrator and the vehicle that caused the accident, and record the license plate number, model, color, and driver of the vehicle to prevent the vehicle from escaping and causing difficulties in making claims.

5.To protect the scene, evidence of damage to the mobile phone, whether it is personal injury or property damage, must provide conclusive and sufficient evidence when claiming compensation. Otherwise, it will not be supported when it comes time to settle the claim.

6.Receive medical treatment** and report to the Incident Handling Department. After the accident, you can't have a dispute with the other party because of impulse, don't accept it, and delay the opportunity.

At the same time, the other party must not be asked to give an explanation, and the case shall not be reported to the transportation department. If the traffic police adjustment is unsuccessful, the traffic police department should be asked to make a disability assessment, and if the traffic police adjustment is unsuccessful, it should be filed in the court in a timely manner, and the claim should be settled as soon as possible, and the statute of limitations should not be exceeded.

7.The vehicle that caused the accident shall not be impounded without authorization. After a traffic accident occurs, the relatives and friends of the injured person or the people near the scene of the accident must not detain the vehicle, hostage, or loot the items on the car without permission, otherwise they will have to bear the adverse consequences.

Since you admit that you are fully responsible for the accident, you must have been appraised by the insurance company, and there is enough compensation, and there is a legal basis, but the other party still proposes full insurance, you must have insurance again, what reason is there to go to full insurance, and you must also go through the public security department to do the appraisal, you can file a lawsuit with the court, and ask the law to make a fair judgment.

If there is an accident, we are fully responsible, and the other party wants to protect it, then you can solve it privately.

If the accident occurs and the insurance is sufficient to settle the claim, but the other party asks for preservation, the two parties can negotiate to settle it.

The people's court determines the right of subrogation.

If it is established, the debtor's counterpart shall perform its obligations to the creditor, and after the creditor accepts the performance, the corresponding rights and obligations between the creditor and the debtor, and between the debtor and the counterparty, shall be terminated. Where the debtor takes preservation or enforcement measures against the debtor's claim or the subordinate rights related to the creditor's right, or the debtor goes bankrupt, it shall be handled in accordance with the provisions.

After a traffic accident, the specific process of insurance service branch claim is as follows:

1. Report the accident in a timely manner, after the occurrence of an insurance accident, you need to call the customer service of the insurance company in time, and the professional customer service staff of the insurance company will tell you the valid documents required for the claim, and then carry out the corresponding claim guidance;

2. Do a good job in on-site investigation, after receiving the report, the insurance company's claims service personnel will immediately rush to the scene of the accident to investigate and deal with the accident, and agree on the amount of loss and the way of maintenance with the parties involved. At the same time, the preliminary collection of relevant evidence materials will be carried out, and the relevant documents required for the claim settlement will be reminded;

3. Submit a formal claim application, prepare the documents required for the claim, and go to the local insurance company counter to handle the formal claim application. If there is no local claim network or it is inconvenient for users to apply at the counter, they can mail the claim application materials to the insurance company for claim;

4. Carry out the review of pure talk bridge claims, and after the insurance company receives the claim materials, it will start to investigate and review the claims;

5. Make a decision on the claim, after a series of audits, the insurance company will make a decision on the claim in a timely manner. For the part that is decided to be paid, a notice of compensation will be sent, and the insurance will be paid by bank transfer or cash, etc., and if it is decided not to pay, a notice of rejection will be sent and the corresponding application materials will be returned. Car insurance generally includes compulsory traffic insurance and commercial insurance.

Commercial insurance consists of two parts: basic insurance and additional insurance. The basic insurance is divided into vehicle damage insurance and third party liability insurance.

Whole vehicle theft insurance (theft insurance), vehicle personnel liability insurance.

Driver Liability Insurance and Passenger Liability Insurance).

1. Can the other party protect the car if it has full insurance?

1. In the case of full insurance, the vehicle will generally not be preserved. However, if the victim applies to the court for preservation and provides security, the court may accept the applicant's claim to preserve the accident vehicle.

2. Legal basis: Article 101 of the Civil Procedure Law of the People's Republic of China.

Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with jurisdiction over the case for the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

After accepting the application, the people's court must make a ruling within 48 hours of eliminating the slag and ruling to take preservation measures, it shall immediately begin enforcement.

2. Who bears the cost of vehicle preservation in traffic accidents.

The preservation fee shall be paid in advance by the applicant first, and finally the court shall make a judgment to bear it. Under normal circumstances, after a major traffic accident, the traffic team will detain the accident vehicle for the purpose of collecting evidence. The victim's side shall promptly apply to the court for pre-litigation property preservation when the traffic police department has made a determination of responsibility for the traffic accident but has not yet notified the parties to collect the accident vehicle, and request that the people's court detain the accident vehicle.

In the process of handling traffic accidents, it may involve applying to the court for the preservation of the vehicle. In this case, the court should also conduct a review in accordance with the provisions of the law, rather than accepting all applications for preservation as long as they are filed.

Summary. Hello, this one depends. Those who apply for property preservation must comply with the regulations, and those with all-risk insurance generally do not meet the condition that failure to immediately apply for preservation will cause irreparable damage to their legitimate rights and interests.

According to Article 101 of the Civil Procedure Law, if an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed;

Before initiating a lawsuit or applying for arbitration, an application may be made to the people's court for the location of the property subject to preservation, the domicile of the respondent, or the people's court with jurisdiction over the case. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

Can the other party protect the vehicle involved in the accident if it has full insurance?

Hello, the lawyer is at your service.

Hello, I just want to ask, in a traffic accident, the traffic police are fully responsible for me, and my car insurance is fully compensated. Can the other party still ask the court to preserve my car?

Hello, this one depends. Those who apply for property preservation must comply with the regulations, and those with full insurance generally do not meet the condition that their legitimate rights and interests will be irreparably damaged if they do not immediately apply for preservation. According to Article 101 of the Civil and Judicial Litigation Law, if an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed; Before initiating a lawsuit or applying for arbitration, an application may be made to the people's court with the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case to take preservation measures.

The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

Hello, this one depends. Those who apply for property preservation must comply with the regulations, and those with full insurance generally do not meet the condition that their legitimate rights and interests will be irreparably damaged if they do not immediately apply for preservation. According to Article 101 of the Civil and Judicial Litigation Law, if an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed; Before initiating a lawsuit or applying for arbitration, an application may be made to the people's court with the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case to take preservation measures.

The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

How can I get my car back if it is secured?

After the property preservation of the traffic accident is lifted, you can apply for the withdrawal of the vehicle. If the applicant for pre-litigation property preservation fails to file a lawsuit within 15 days after taking preservation measures, the property preservation will be lifted. The people's court must make a ruling within 48 hours of accepting the application for pre-litigation property preservation and immediately begin enforcement.

Legal analysis: 1. If the accident certificate is issued, the traffic police will be considered to have dealt with it, and you can buy insurance for annual inspection. 2. If the other party does not pay, you can also pay and directly claim with the other party's insurance company, but it is more troublesome.

3. Sue the other party. 4. If you have purchased car damage insurance, you can let your insurance company compensate first, and then find the other party to compensate.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 119: The following conditions must be met for a lawsuit: (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 and facts, and reasons, and (4) it is within the scope of the people's court's acceptance of civil litigation and the respondent knows that the court has jurisdiction over the civil lawsuit.

If there is a traffic accident, the car is fully insured if you are fully responsible. Should be reported to the insurance company in time, to the traffic police to issue a summary procedure of the accident liability determination, and then you and your insurance company and the other party together to 4S to the other party's vehicle damage, your vehicle should also be assessed to the remaining foot, after the damage is directly repaired, the other party's vehicle repaired after you go to pay, you take the invoice, but the insurance needs a copy of the other party's documents you also keep together. When your car is repaired, hand over the invoice of the repair and training fee of both parties and the accident liability certificate issued by the traffic police to your insurance company for reimbursement, and the reimbursement money will be directly lost in about a week, and the whole accident will be dealt with.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"