How to deal with traffic accidents where the other party does not compensate

In order not to delay the use of the car, repair the car yourself, keep the documents, you can wait, or you can negotiate with your insurance company to pay first.

1. Apply for subrogation compensation.

Subrogation, also known as subrogation, refers to the loss caused by the third party liability within the scope of the insured item, and the insurer (insurance company) has the right to claim compensation from the third party for the loss within the limit of the amount it has paid.

After the insurer (insurance company) obtains this right, it can replace the position of the insured (car owner) to claim compensation from the third party responsible.

2. Ask the traffic police for help.

Every traffic police quarter has a case closure rate, dragging the case is not good for the police, the traffic police, as a trial unit, has the right to urge both parties to complete all procedures. The traffic police ** urge the other party to have a better effect than you.

3. Send a lawyer's letter to the responsible party, and file a lawsuit if necessary.

If none of the above tricks apply, then it will be escalated to the legal level. You can entrust a lawyer to send a lawyer's letter to the party who caused the incident, which can put pressure on the other party, because ordinary people should rarely receive a lawyer's letter, and receiving a lawyer's letter indicates that the situation is serious. The method of litigation is the most troublesome, and it also requires a cost, so I have to try to use it until the end.

Conditions for applying for subrogation.

The premise of applying for "subrogation" is that you need to take out compulsory traffic insurance and commercial insurance (such as third party liability insurance, vehicle damage insurance, etc.), otherwise the insurance company will not accept your application.

1. The other party's car is uninsured: If the other party's car has just been bought and has not been insured, and you happen to have an accident, but the other party's driver will not pay you compensation. You can then have your insurance company reimburse you for the cost of the repair, and then pursue a claim against the party responsible for the damage.

2. The other party has no ability to compensate financially

In many cases of traffic accidents, the driver of the vehicle involved in the accident has no ability to compensate, which also makes the owner of the car who suffered the loss very frustrated. In fact, when you encounter this situation, you can also apply for "subrogation" from the insurance company you have insured.

In some accidents, there will also be some "old men" (the common name of those who refuse to pay arrears or compensation), and after the police give relevant rulings, refuse or postpone the payment of repair costs for various reasons, or even "disappear from the world". At this time, you can also apply for "subrogation" from the insurance company.

4. The other party refuses to sign the traffic accident liability determination

In some traffic accidents, one party has objections to the traffic police's ruling, does not recognize the accident responsibility determination issued by the traffic police and refuses to sign. In this case, you, as the injured party, can apply for "subrogation" from your insurance company.

5. After the other party escaped, there was evidence to prove the information of the vehicle that caused the accident:

Hit-and-run situations in recent years in traffic accidents are frequent, if after a traffic accident, the other party's vehicle escapes, at this time you can record the other party's license plate number and the owner's information through **, dash cam or even audio recording, so that you can also apply for "subrogation compensation" from your insurance company

According to the traffic accident liability certificate issued by the traffic police, if the other party is fully responsible, it can find the other party's insurance company for compensation, and can also file a lawsuit with the court.

Legal proceedings may be taken;

After the traffic police divide the responsibility for the traffic accident, if one party refuses to compensate, the other party can go to the court to sue;

When prosecuting, it is necessary to prepare evidence: the traffic police divide the responsibility of the two parties, the insurance company's loss assessment certificate, and so on.

As long as it is handled by the traffic department through the police, you can directly sue the other party and let the law give a perfect treatment.

A third party can mediate with the other party, and if the other party still refuses to compensate, a civil lawsuit can be filed with the people's court.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China The following conditions must be met to sue Wu Tie:

1) The plaintiff is a citizen, legal person, or other organization that has an interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

If the party responsible for the traffic accident does not cooperate with the handling and does not compensate, the owner of the car shall report to the traffic police at the place of the accident as soon as possible, and the traffic police department shall file a case, obtain road monitoring, and notify the other party to come to the accident responsibility determination and claim compensation. If the other party still does not cooperate, it can file a lawsuit with the court to demand compensation from the other party. According to Article 74 of the Road Traffic Safety Law, in the case of a dispute over compensation for traffic accident damages, 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 Lack of Transportation Court.

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 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 the mediation agreement takes effect, the person concerned may file a civil lawsuit with the people's court.

Millions of car purchase subsidies.

1. You can negotiate with the other party and cooperate with the insurance claim;

2. You can go to the traffic brigade and let the traffic police come forward to preside over the mediation;

3. If the mediation fails, you can bring the relevant evidence to the court to sue, and the driver and the insurance company can be listed as co-defendants;

4. If you have no money for treatment in the process, you can first sue the court to apply for enforcement or consult the traffic police department to apply for traffic accident assistance.

Legal basis] Article 90 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, if a traffic accident occurs in a motor vehicle insured by the third party liability of the motor vehicle, and the insurance company needs to pay the rescue fee due to the rescue of the injured person, the traffic management department of the public security organ shall notify the insurance company.

If the rescue of the injured person needs to pay for the road traffic accident assistance, the traffic management department of the Gonglu Yu'an organ shall notify the road traffic accident social assistance management agency.

The handling of the traffic accident without compensation by the other party is as follows: 1. If the responsible party does not cooperate with the handling and does not compensate, the owner shall report to the traffic police at the place of the accident as soon as possible, and the traffic police department shall file a case, obtain road monitoring, and notify the other party to come to the accident responsibility determination and compensation; 2. If the party responsible for the traffic accident refuses to compensate, the party concerned may file a lawsuit with the court with jurisdiction and apply to the court for compulsory enforcement.

1. How to deal with traffic accidents where the other party does not compensate.

1. The handling method of non-compensation by the other party in a traffic accident is as follows:

1) If the responsible party does not cooperate with the handling and does not compensate, the owner of the car shall report to the traffic police at the place of the accident as soon as possible, and the traffic police department shall file a case, obtain road monitoring, and notify the other party to come to the accident responsibility determination and compensation;

2. If the party responsible for the traffic accident refuses to compensate, the party concerned may file a lawsuit with the court with jurisdiction and apply to the court for compulsory enforcement.

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 are the conditions for filing a lawsuit if the traffic accident compensation is not satisfied?

If you are not satisfied with the traffic accident compensation, the conditions that need to be met to file a lawsuit include:

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, facts and reasons;

4. It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

If the responsible party does not compensate for the traffic accident, the party concerned 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 the traffic management department of the public security organ adjusts the malpractice and withstands, the parties do not 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.