In 2015, what should I do if the other party is fully responsible for drunk driving but does not com

Sue (lawsuit) the other party for compensation.

Hello, once there is a traffic accident, you must quickly dial 110 and do not allow the other party to move the car at will or let the other party run, and then the traffic police will judge according to the situation. As long as it is the responsibility of the other party, the traffic police will ask it to compensate for the corresponding expenses and issue a traffic accident certificate. If you are injured in this accident, the other party will also have to compensate for the medical expenses.

In the end, sometimes the other party does not compensate, and the insurance company does not fulfill its responsibilities, so the only way to take the traffic accident certificate issued by the traffic police and other evidence materials to the court to prosecute, and the other party and the company that bought the vehicle insurance will be sued together, and then the judge will make a judgment. At this time, you can pay the legal fees in advance and ask the other party to bear them in the lawsuit. After the lawsuit is successful, the court will generally ask the defendant to pay the legal costs.

The insurance company will compensate first, and then the rest will be compensated by the other party. However, it is generally left over after the insurance company pays compensation, and the other party will not give it easily. Because as long as the vehicle is insured, the insurance company will fulfill its responsibilities, otherwise the reputation will be lost, and no one will buy insurance in the future, so the insurance company will compensate within the insurance amount it bears, and if the other party does not want to give the rest, you can use the law to protect your interests.

The claim process for the other party to be fully liable for a person who was hit by a car is: first request compensation from the insurance company, and the insurance company shall bear the liability for compensation within the scope of compulsory traffic insurance; If there is still a loss to be compensated and the vehicle has purchased commercial insurance, there is a commercial insurance company to compensate within the scope of coverage; If the compensation is not enough, the driver of the motor vehicle shall bear the compensation.

[Legal basis].

According to Article 1213 of the Civil Code, if a motor vehicle is involved in a traffic accident and the damage is the responsibility of the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

If you have purchased "third-party insurance and car damage insurance", then we can apply for "subrogation" from the insurance company.

Subrogation means that if you collide with the other party's vehicle, the traffic police will hold the other party fully responsible. But because the other party only bought compulsory traffic insurance, the conditions are not good, and there is no money to compensate you. At this time, you can apply to your insurance company to pay you the money for the repair of the car first, and then the insurance company will recover the compensation from the other party.

You can apply for subrogation compensation from your own side of the insurance, that is, your own insurance company will settle the claim first, and then the insurance company will recover from the other party! This is a lot more convenient, but it is so troublesome that the other party does not have insurance or the other party does not claim compensation for drunk driving, drug driving, etc.!

Call the police first, and then go to the court to sue the other party, and the court will enforce the compensation, but the process will be more troublesome and time-prohibiting. If you don't want to be so troublesome, you can entrust your insurance company to handle it.

The vehicle was hit, the other party drunk driving, full responsibility, you have called the police and have the responsibility of the traffic police department, and the identification of the insurance company, first apply to the traffic police department for enforcement, if not, directly to the local court for prosecution, enforcement.

If the other party does not compensate, you should not sign the accident closure form, so that his car will always be impounded by the traffic police department until you sign the term. If you can't do it, you can also go to court to sue, and the court will rule in favor of you if you have an accident liability determination issued by the traffic police department.

If the other party is not worthy, you can call the police, and after getting the accident liability certificate, you can ask the insurance company to compensate on your behalf.

The other party is fully responsible for drunk driving, and if he does not compensate, you can sue him and solve it through legal means.

Call the police, the traffic police issue a letter of responsibility for the accident, and then report his insurance, if the other party does not buy insurance, it will be more troublesome, only to take the road of litigation.

As long as there is a certificate of recognition from the insurance company. Look for a traffic team. Notify the other party to deal with it. If the other party does not cooperate. It may be enforced within the people's court.

The other party is fully responsible for the traffic accident and refuses to compensate. You subrogate from the insurance company that insured your vehicle.

If the situation is serious and the damage is serious, then you are welcome, file a lawsuit and ask for enforcement, and you can also consult a lawyer.

No compensation? Is the court closed? Sue the court, and the drunk driver will be imprisoned for a few days.

1. If the other party is fully responsible for drunk driving and does not compensate, it can be resolved through negotiation with the other party first, and if the negotiation fails, it can apply to the public security organ for mediation, or directly file a lawsuit with the people's court. In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

2. Legal basis: Article 74 of the Road Traffic Safety Law of the People's Republic of China.

In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

2. What is the prosecution process of civil litigation?

1. The plaintiff sends the complaint to the court for case filing and review;

2. After examination and acceptance, the court shall serve a copy of the indictment on the defendant;

3. The defendant submits a reply within 15 days, and the court delivers a copy of the reply to the plaintiff within 5 days.

4. For cases that are decided to be heard, the court shall notify the parties and make an announcement three days in advance;

5. The court investigation stage includes: the statements of the parties; inform witnesses of their rights and obligations, testify against witnesses, and read out the testimony of witnesses who have not appeared in court; production of documentary evidence, physical evidence and audio-visual materials; read out the appraisal conclusions; read out the inquest transcript;

6. Court debates include: speeches by the plaintiff and its litigant; Defendants and their litigants plead; The third party and its litigant speak or reply; Debating with each other. At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party;

7. At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner;

8. Announcement of judgment.

Legal analysis]: If the other party is driving drunk and bears full responsibility for the traffic accident, and the other party does not actively compensate, the victim can sue the other party in court. Entrust a lawyer or file a lawsuit in the people's court on your own, and generally file a lawsuit in the basic people's court at the place where the accident occurred.

During the court proceedings, the parties may mediate under the auspices of the court and reach a mediation agreement. If mediation fails, the court shall make a judgment in accordance with law.

[Legal basis].Amendments to the Criminal Law of the People's Republic of China" 2. Add one article after Article 133-1 of the Criminal Law to be Article 133-2: "Whoever uses violence against the driver of a moving public transport vehicle or rushes control of the driving control device, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.

Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished in accordance with the provisions of the preceding paragraph. "Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing. ”