What to do if you can t afford compensation after a car accident, and what to do if you can t afford

After a traffic accident, the most important thing is compensation, so how to claim compensation has become a question often asked by netizens, so today I will share this issue. First of all, it should be emphasized that everyone must use legal channels to make claims, and cannot use drastic methods, which will not only be detrimental to solving the problem, but will also escalate the conflict, and may even violate the law. So what are the legal ways to make a claim?

There are two main ways, one is reconciliation and the other is litigation. If you solve it in this way, you must pay attention to signing a written settlement agreement with the other party, otherwise, all verbal promises may become an "empty talk"; Another method is litigation, which is what we often call "litigation", which requires going to the court to file a case, and finally implement it in accordance with the mediation letter or judgment issued by the court.

How to deal with compensation after a car accident.

First, there is really no money to compensate, and no one has anything to do, including the courts.

Second, if you don't pay the money, you will be detained and fined.

Check it out! Article 241:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, they shall report on their current and property situation in the year prior to receiving the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

The solution is to proceed to the court and obtain the judgment.

Application for Enforcement.

After the procedure is initiated, the infringer will execute it when he has the money.

There is no longer a statute of limitations.

The following is how to deal with the situation if you cannot afford to pay compensation after a traffic accident:

1. If the owner has paid insurance, he can make a claim to the insurance company, let the other party cooperate with the procedure, and if the insurance company refuses to compensate, the other party and the insurance company can be sued in court;

2. You can sue the other party and apply for compulsory enforcement, and the court will make an enforcement such as recovering fixed assets for auction, and if there is no property, the enforcement can be suspended, and the enforcement will be resumed after the property is available in the future.

What to do after a traffic accident of **.

1. After reporting the accident, the vehicles of all parties to the accident should be parked in place, keep the accident scene, and immediately report to the insurance company and the traffic police department; If there are people**, they should be sent to the hospital immediately, unless the area where the accident occurred is relatively desolate or there is no car passing by, try not to move the accident car. Because if the injured person is sent to the hospital in an accident car, the responsibility for the accident cannot be determined;

2. The on-site traffic police department will investigate and collect evidence at the scene, and temporarily detain the accident vehicle, the driver's "driver's license" and the accident vehicle's "driving license". Under normal circumstances, the accident insurance company investigators handled by the traffic police do not need to go to the scene to investigate;

3. The traffic police department shall make a responsibility judgment according to the accident situation and deliver the "Determination of Responsibility" to all parties; If the parties are not satisfied with the determination of responsibility for the delay beam accident, they shall submit a reconsideration to the traffic police department or file a lawsuit with the people's court within 15 days of receiving the "Determination of Responsibility".

Legal basisArticle 7 of the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters.

All levels of people's court shall enter information on the Judgment Defaulters List into the Supreme People's Court's Judgment Defaulters List, and uniformly release it to the public through the list.

All levels of people's court may, on the basis of the actual conditions of each region, publish the list of judgment defaulters through other means such as newspapers, radio, television, the internet, and court bulletin boards, and may employ press conferences or other methods to periodically announce to the public the implementation of the judgment defaulters list system by that court and the courts in their jurisdiction.

What should I do if I can't afford compensation for a car accident: In fact, if you have a traffic accident, the other party is fully responsible, so you don't have to worry. If the other party does not report to the insurance company, you can directly call the other party's insurance company to ask for a damage assessment, repair the car after the damage assessment, and keep the damage assessment order, maintenance invoice, and maintenance list.

Without your repair invoice, the other party's insurance can't settle the case, and the insurance company will urge him to contact you. If it really doesn't work, we can go to the court where the accident occurred or the court where the other party is located to go directly to the legal procedure: 1. First of all, you can go directly to the industrial and commercial bureau to inquire about the enterprise information of the other party's insurance company.

You only need to go to the enterprise information department of the industrial and commercial bureau where you are located, pull a copy of the enterprise information of the other party's insurance company, and stamp it. 2. Go to the traffic police brigade that issued the accident certificate, and pull out the information of the other party's car owner and driver with the accident responsibility certificate. 3. Go to the defendant's place to write a lawsuit or to the court where the accident occurred.

Fill out the indictment, pay a litigation fee of 50 yuan, make 4 copies of the invoice, damage assessment form, liability determination, maintenance list and indictment, and submit a copy of the main information of the car, the driver, and the insurance company to the court, and get a notice of acceptance of the lawsuit. 4. Go back and wait for news. Generally, after a few days, the court will call both parties for mediation.

If mediation fails, after 15 days**. In this waiting process, the court will communicate with the insurance company, if the general insurance company is unwilling to enter the first link, it will ask the court to open a letter of assistance, stamp the materials and mail them to the other party's insurance company to deal with litigation issues, after the other party receives it, it will send the money to the court, and then the court will notify you to get the money. In addition, the court will ask you to write a petition to withdraw the lawsuit.

You will then receive a civil action ruling, which basically means that the insurance company has paid the case, the plaintiff has withdrawn the lawsuit, and the case has come to an end.

If the car accident cannot afford compensation, it can first negotiate with the victim to solve the problem, and if the negotiation fails, you can file a lawsuit with the branch court, and the people's court will make a judgment on the person who is willing to take the case. According to the provisions of the Civil Code, if a debt should be repaid and is temporarily unable to be repaid, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court.

Where there is the ability to repay and refuses to repay, the people's court is to make a judgment to compel repayment. Article 1179 of the Civil Code of the People's Republic of China [Scope of Personal Injury Compensation] Where a person infringes upon another person and causes personal injury, he shall compensate for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. If Xiangshu causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If the death is caused, funeral expenses and death compensation shall also be compensated.

Legal analysis: If you can't afford to pay compensation for a car accident, you can file a lawsuit with the court and deal with it in accordance with the regulations. The details are as follows:

1. If the motor vehicle is insured, the insurance company will generally pay within the liability limit of the compulsory insurance of the third-party liability, and the maximum compensation amount of the compulsory insurance is 122,000 yuan, but the maximum compensation amount is different under different injuries;

2. Different commercial three types of insurance, such as the scope of compensation for defeat will be different, so the insurance compensation will be related to the type of insurance. The insurance company shall first bear the liability within the limit, and then both parties shall bear the corresponding liability according to the determination of accident liability.

Legal basis: Civil Code of the People's Republic of China

Article 678 The borrower may apply to the lender for an extension of the loan period before the expiration of the repayment period; If the lender agrees, it can be extended.

Car accident compensation solutions that cannot be afforded:

1. The two parties to the car accident can negotiate and settle the accident;

2. If it cannot be resolved through negotiation, it can be sued by the court and dealt with in accordance with legal procedures. A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability

Article 21.

In the event of a road traffic accident involving a motor vehicle insured by the Pure Sakura Cha, resulting in personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law.

If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.

Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability

Article 27.

If a road traffic accident occurs in an insured motor vehicle and the insured or the victim notifies the insurance company, the insurance company shall immediately reply and inform the insured or victim of the specific compensation procedures and other relevant matters.