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The mother died in a car accident, and the driver also died, do the other party's heirs need compensation?
If the other heir inherits the other party's estate, he or she will need to pay compensation for the death of his mother due to a car accident. The heirs of the other party cannot only inherit the inheritance, but not the debts. Because the driver is responsible for the death of the car accident, the heirs of the driver must show good faith and compensate the party who was injured in the car accident.
The share to be compensated may be determined by the court after negotiation.
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If the vehicle is insured, you can find the insurance company to bear the liability for compensation, and if the heir inherits the driver's property, it can be compensated within the scope of the inherited property.
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Let's see if the other party's insurance is enough to compensate, if it is enough, there is no need for anything else. If the insurance is not enough, then it depends on whether the other party has property to execute, if the other party's heirs want to inherit the property, they need to compensate, if they do not inherit the property, they can dispose of the driver's property as compensation.
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Compensation is required, but compensation may be refused if the amount of the estate exceeds (except where the heirs are willing to compensate).
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It depends on whether the other driver has an inheritance, and if there is an inheritance, the other party's heirs should compensate within the scope of the inheritance of the estate.
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If it is the driver's responsibility, the other party's heirs inherit his property, and of course they have to pay compensation.
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The heirs of the other party need to pay compensation.
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If you should be compensated, you can consult a lawyer.
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The world died due to a car accident, but this depends on what kind of car, if it's a bus, uh, you will get compensation, if it's a private car, it may also be a little, if it is according to the law, but it depends on the relationship between the driver and you.
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Consult a lawyer. traffic police if to deal with
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Legal Analysis: Yes. Men and women are equal, they are equal heirs, as death compensation, and the nature of the inheritance is the same, belongs to the legal heirs, unless the old man wrote a will before his death and clearly did not give it to his daughter.
Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
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Legal analysis: It does not belong to the inheritance in nature, but it can be divided according to the method of estate distribution. The first in line to the throne is divided equally.
Legal basis: Article 10 of the Inheritance Law of the People's Republic of China [Scope of heirs and order of inheritance] The inheritance shall be inherited in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.
The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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After a traffic accident occurs, the traffic police department will make a traffic accident identification letter, divide the parties' responsibility for the traffic accident, and at the same time will suggest that the parties coordinate to resolve the case. Losses include the losses of both parties, including medical expenses, lost work expenses, hospital meal subsidies, nutrition expenses, transportation expenses, disability compensation, living expenses of dependents, mental loss expenses, etc., and the family of the deceased can claim death compensation, funeral expenses, living expenses of dependents, and compensation for mental damages.
Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provides that death compensation shall be calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Article 1122 of the Civil Code of the People's Republic of China provides that an estate is the personal lawful property left behind by a natural person upon his death.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
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Legal analysis: Although the death compensation is not an inheritance, in practice, it is distributed with reference to the estate of Sakuraku. The estate is inherited in the following order:
First order: spouse, children, parents. Second order:
Siblings, grandparents, maternal grandparents. After the succession begins, it is inherited by the first-order heir, and the second-order heir does not. If there is no first-order heir, the second-order heir shall inherit.
Legal basis: Civil Code of the People's Republic of China Article 1127 The inheritance of the estate shall be in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the succession begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit the spine; If there is no first-order heir, the second-order heir shall inherit.
For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.
The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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