What to do if the perpetrator does not lose money, and how to deal with traffic accidents without lo

After a traffic accident occurs, if the other party refuses to compensate, it can sue the court to demand compensation for losses according to the accident responsibility determined by the traffic police; If the other party is a motor vehicle, you can sue the other party and the other party's insurance company for compensation at the same time. Collect clues about the other party's property, and after filing a lawsuit in the court, apply for property preservation, seize the other party's property, and claim infringement compensation. It is recommended that the injured party keep the bills of all economic losses incurred in the process, and resolve them through litigation after the injury is stabilized.

After the first-instance judgment of civil litigation is signed, the time limit for appeal is 15 days, and after the expiration of the appeal period, if the other party refuses to perform the judgment, it may apply to the people's court for compulsory enforcement, but it should be noted that the application for enforcement by the citizen shall be within 2 years after the judgment takes effect, and it will not be accepted after the expiration date. The compensation provided to the victim by the compensation obligor (the perpetrator and the insurance company) in a traffic accident mainly includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses; If the victim is disabled due to injury, the compensation obligor shall also compensate for the disability compensation, the cost of disability assistive devices, the living expenses of the dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of ** nursing and continuation**; In the event of the death of the victim, compensation shall also be made for funeral expenses, living expenses of dependents, death compensation, and so forth.

Legal basis: In the case of a dispute over compensation for traffic accident damages under Article 74 of the Road Traffic Safety Law of the People's Republic of China, the parties may request mediation from the traffic management department of the public security organ, or they 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.

After a traffic accident occurs, if the party responsible for the accident refuses to bear the liability for compensation, the injured party may file a civil lawsuit to protect its rights.

Step 1: Be clear about who you want to sue

In litigation, "who to sue" is a very important issue. If the target of the lawsuit is wrong, it will not only waste time, manpower, and financial resources, but also fail to achieve the purpose of claiming compensation. On the issue of "who to sue", the first thing to see is who is the owner of the vehicle on the license of the other party at the time of the accident, and if it is the driver who caused the accident, then directly sue him.

If the vehicle is owned by another owner, the driver can be sued as co-defendants along with the owner. If the owner of the vehicle is a unit, the unit can be sued as a defendant.

Step 2: Get the evidence.

The traffic management department of the public security organ is the statutory authority for determining road traffic accidents, and although the "Road Traffic Accident Liability Determination" issued by it should be cross-examined by the parties and cannot of course become the basis for the court to determine the facts of the case, it is still of great significance in the litigation as an important evidence for handling traffic accident disputes, and in the litigation, it is still of great significance to prove the degree of responsibility of both parties. After the case is brought to the court, although the court should confirm the responsibility for the accident based on the facts investigated by the court, and the scope of the investigation is not limited by the public security organ's liability determination, under normal circumstances, when the parties do not have conclusive evidence to overturn the content of the liability determination, the court will accept the public security organ's determination of liability and determine the liability of the relevant party on this basis. Therefore, when the parties get the accident liability determination letter from the traffic team, they must carefully read the content of the liability determination.

If they are not satisfied, they should promptly apply to the public security organ at the next higher level for reconsideration.

Step 3: Reasonable compensation.

In traffic accident disputes, the compensation issues involved generally include compensation for property damage and compensation for personal injury. The scope of compensation for property damage mainly includes: repair fees; loss of goods on board, etc.

Repair fee: According to the reasonable amount on the repair invoice, if the vehicle has been scrapped, it should be compensated at a discount; Compensation for damage to items on board the vehicle in an accident shall be based on the actual loss.

The main items of personal injury compensation are: medical expenses; Lost time pay; Hospitalization meal subsidy; nursing fees; Living allowance for the disabled; disability appliance fee; funeral expenses; death compensation; maintenance of dependants; Travelling expenses; accommodation fees and so on. Among them, the lost work expenses include two parts, one is the lost work expenses caused by the party's inability to go to work during the period of medical treatment and hospitalization, and the other is the lost work expenses due to the handling of the aftermath of the traffic accident.

What should I do if the perpetrator of a car accident does not pay compensation?

After the traffic police department issues a traffic accident certificate, where the crime of causing a traffic accident is not constituted, the police handling the case may first preside over the mediation. If the mediation is successful, a mediation agreement can be reached, and the case is closed after the responsible party pays compensation.

If the parties to the traffic accident compensation fail to reach an agreement on compensation, the victim may entrust a Shenzhen traffic accident lawyer to file a lawsuit and enter the court proceedings

1.The lawyer appointed by the plaintiff intervenes, collects relevant evidence for compensation, prepares a catalogue of evidence, drafts a complaint, and then files a lawsuit with a court of competent jurisdiction. Where the requirements for initiating litigation are met, the procuratorate accepts the review and finds that the requirements for initiating litigation are met, and shall file the case within 7 days.

2.The court shall serve the defendant with a copy of the complaint within 5 days of filing the case, and the defendant shall submit a reply within 15 days of receiving the complaint.

3.The court determines the time limit and time for the burden of proof, and the parties to China Gas on both sides submit evidence within the specified time limit. Before that, the court will announce the names of the parties, the cause of action, and the time and place of the parties.

** After that, the clerk will ascertain the situation in the court, announce the court discipline, the presiding judge will check the situation of the parties, announce the cause of action, the list of judges and clerks, inform the rights and obligations of the proceedings, ask whether to apply for recusal, and then enter the court investigation stage, where the parties or traffic accident lawyers make statements, witnesses testify, read witness testimony, and present documentary evidence, physical evidence and audio-visual materials. Read out the appraisal conclusions, read out the inquest records, and enter the courtroom debate session. The plaintiff or traffic accident lawyer speaks, the defendant makes a defense, the third party speaks or defends, and in the event of a dispute between the traffic accident and the opposing party, the presiding judge asks the opinions of all parties, and the trial phase ends.

4.Sentences are generally not pronounced in court. **After a period of time, the court must make the judgment public and serve the judgment before the judgment will take effect.

5.The defendant shall perform the obligation of compensation, otherwise the plaintiff may directly apply to the court for compulsory enforcement after the expiration of the performance period.

Millions of car purchase subsidies.

If the perpetrator does not lose money, the victim can file a lawsuit with the people's court, and after obtaining a winning judgment, if the silver match is a bright wheel that the other party has not performed within the statutory time limit, the plaintiff can apply to the people's court for compulsory enforcement. The time limit for applying to the people's court for compulsory enforcement is two years.

Legal basis] Article 188 of the Civil Code.

The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

1. The parties may request the traffic management department of the public security organ to mediate; 2. A civil lawsuit may also be filed directly with the people's court. After a traffic accident, it is generally necessary to compensate for various expenses incurred due to medical treatment** and loss of income due to lost work.

Legal analysis1. If the other party has an accident bill and does not deal with it, then his car will not pass the annual review, if the other party has already reported insurance, there is no your maintenance invoice, and the other party's insurance is also finalized and can not start the key as the case, at this time the insurance company will urge him to contact you. 2. You can negotiate with your own insurance company, use subrogation to let the insurance company pay first, and if the insurance company refuses, you can also complain to the insurance company. 3. If the first two methods do not work, then you can directly sue the other party and the other party's insurance company with the accident certificate.

If the driver of the accident drags and does not pay the money, you can sue the driver and list the insurance company as a co-defendant, and the compensation items that can be claimed are: medical expenses, expenses for later work, lost work expenses, nursing expenses, nutrition expenses, hospital meal subsidies, transportation expenses, mental loss solace, etc. The procedure for prosecution is generally as follows:

Write the complaint in the name of the victim (clearly state the name and address of the defendant, the specific amount of compensation requested from the other party, and write down the specific facts and reasons, etc.), prepare a copy of the victim's ID card, provide evidence such as the victim's medical records, medical bills, transportation bills, income certificates, hospital diagnosis certificates, etc., and hand over the above materials in triplicate (one copy to the court, one copy to the driver who caused the accident, and one copy to the insurance company) to the case filing division of the court where the incident occurred, and the court will wait for the court's ** after accepting the case Notifications will do the trick.

Legal basisRoad Traffic Safety Law of the People's Republic of China Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request the traffic management department of the public security organ to mediate, 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 fail to perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the People's Law Destruction Court.

Legal analysis: 1. It can be mediated by the traffic police department first.

After the mediation of 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 court.

2. Prosecution. 1) Submit the complaint to the case filing division of the court with jurisdiction over Gaokai.

2) Case filing and review.

3) If the conditions for filing a case are met, the parties shall be notified to pay the litigation fee within 7 days, and the case shall be filed after the fee is paid.

4) Where the conditions for filing a case are not met, a ruling is made not to accept the case or a ruling to dismiss the lawsuit. Within 10 days of dissatisfaction with the ruling not to accept the case or the ruling to reject the lawsuit, an appeal may be submitted to the people's court at the level above.

5) After the case is accepted, the case will be scheduled for 3 days in advance, and the parties will be notified of the time, place, and undertaker for public trial 3 days in advance.

Legal basis: Article 1187 of the Civil Code of the People's Republic of China After the occurrence of damage, the parties may negotiate the payment method of compensation. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.

First of all, mediation is carried out through the traffic police department, and if mediation fails, the perpetrator and the insurance company can be sued in court.

Considerations for Prosecution:

1. The implementation of compensation is guaranteed. Nowadays, the vehicles have basically covered the compulsory traffic insurance, and most of them have purchased commercial insurance, as long as a lawsuit is filed and the court decides, there is no problem in getting the compensation, because it is basically borne by the insurance company.

2. The amount of compensation is high. The lawyer will provide a legal and reasonable compensation request, and after the court trial, the compensation will be calculated in strict accordance with the law.

3. If you entrust a lawyer to sue, you don't need to bother yourself, and the lawyer will handle all the affairs.

What should I do if the perpetrator of a car accident does not pay compensation?

1. If the other party asks you to compensate for the expenses, if you should really compensate, then you should still fulfill the liability for compensation. But if you think the specific amount is unreasonable, you can mediate through the traffic police department, if the mediation fails, you can suggest the other party to sue, so that it is fair. 2. As for your driver's license, after a traffic accident, the traffic police will make a penalty decision according to the size of the accident, such as suspending the driver's license for xx months, etc., which is not the same thing as traffic accident compensation.

Sure that the penalty can be taken out after it expires.

There will be no sentence. The driver's license will not be returned until the problem is resolved.

1. If the vehicle involved in the accident has purchased insurance, the owner and driver of the vehicle involved in the accident can be sued together with the insurance company that purchased the insurance;

2. The underwriting insurance company shall first compensate within the limit of responsibility, and the insufficient part shall be borne by the person who caused the accident.

Filing a lawsuit with the court in accordance with the law to protect their legitimate rights and interests.