What should I do if the other party does not compensate after the judgment of the car accident?

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.

Your judgment has come down, and you can apply to the court to enforce it. If they have a deposit or a garage, it can be enforced. But for fear of encountering a bad guy, he will not implement it, or transfer his property.

You'd better know that he has a deposit in that bank and then apply to the court for enforcement, and if there is an act of transferring property, the court will hold him responsible.

If you do not pay compensation, it will be enforced by the court. If the court doesn't enforce it, you go and complain to the judge. Unless the indemnity obligor has no property to enforce, this is impossible, after all, there is a car. The auction of this car will pay compensation.

Enforcement can only be applied. However, in reality, the difficulty of implementation is obvious to all. The effect is not very obvious.

Legal analysis: civil compensation, the court judgment is issued, the other party does not give money can apply to the court for enforcement, and the application for enforcement must pay a certain fee to the court. If the judgment is handed down, if the other party really does not have property to enforce, the court will suspend the execution.

Wait until it is ready to execute. Generally, the retrospective period for this is 2 years.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

If a traffic accident causes serious injury to one or more people, bears full or primary responsibility for the accident, and has any of the following circumstances, it shall be convicted of the crime of causing a traffic accident and punished by Xunzhou:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Article 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (5) of the second paragraph (as in the case of Changkai) through (5) of this interpretation.

After the judgment of the car accident, the other party can apply to the court for enforcement if it does not compensate. An instrument that has legal effect can be applied for enforcement.

Legally effective documents include, but are not limited to, the following: civil judgments, rulings on the realization of security interests, rulings confirming mediation agreements, payment orders, etc.

1. Under what circumstances can an application be made to the court for compulsory enforcement?

The circumstances of applying to the people's court for compulsory enforcement are that if one party refuses to perform on a legally effective civil judgment or ruling, the other party may apply for compulsory enforcement. To apply for compulsory enforcement, you need to bring effective legal documents, ID cards and other materials. The execution is carried out by the executive.

When compulsory enforcement measures are taken, the enforcement officer shall present his or her certificate. After enforcement is completed, a record shall be made of the execution and signed or sealed by the relevant persons present.

2. Can the micro-court apply for compulsory enforcement?

OK. In accordance with legal procedures, the people's courts use the coercive power of the state to compel the civil obligor to complete the obligations it undertakes in accordance with the specific enforcement content of the legally effective document, so as to ensure that the rights of the right holder can be realized. The legally effective instruments include, but are not limited to, the following:

Civil judgments, rulings on the realization of security interests, rulings on confirmation of mediation agreements, payment orders, etc. As soon as they enter into force, the obligor shall perform automatically. If the right holder refuses to perform, the right holder may apply to the people's court for compulsory enforcement.

The person who makes the application is called the applicant, and the person who is named to perform the obligation is called the person subject to enforcement.

3. What is the process of enforcing a labor arbitration award?

After winning the labor arbitration, as long as the other party has not filed a lawsuit, the award has taken effect.

If the other party refuses to perform the ruling obligation, you can apply to the people's court for compulsory enforcement.

1. Submit a written application for execution of the judgment slip.

2. The original award must be submitted to the people's court instead of a copy.

3. The matters to be applied for enforcement can only be within the scope of the ruling, and no other requirements can be made.

In accordance with legal procedures, the enforcement court shall use the coercive power of the state to compel the civil obligor to complete the obligations it has undertaken in accordance with the provisions of the enforcement document, so as to ensure that the rights of the right holder can be realized.

Enforcement documents include legally effective civil judgments, rulings, and other legal documents that should be enforced by the court in accordance with law.

Once they are determined, the obligor should perform automatically. If it refuses to perform, the right holder may apply to the court for compulsory enforcement.

The person who submits the application is called the applicant, and the person named to perform the obligation is called the respondent, also known as the person subject to enforcement.

The applicant is the winning party and the respondent is the losing party. The enforcement procedure is the final stage of the civil procedure.

Legal analysis: After the judgment of the car accident, the other party can apply to the court for enforcement if it does not compensate. The legally effective documents can be applied for compulsory enforcement by Muyuan.

Legal basis: Article 238 of the Civil Procedure Law of the People's Republic of China Article 238 If one party fails to perform a creditor's right document that has been given compulsory enforcement effect by a notary public in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court receiving the application shall enforce the swift type.

If there is a mistake in the notarized creditor's rights document, the people's court shall rule not to enforce it, and send the ruling to both parties and the notary public.

After winning a traffic accident lawsuit, if the other party refuses to perform, the winning party may apply to the people's court for enforcement, or the adjudicator may transfer it to the executor for enforcement. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law. Where the person subject to enforcement does not perform the obligations determined in the legal documents or negotiations, the people's court may take or notify the relevant units to assist in the adoption of restrictions on leaving the country, recording and publishing information on non-performance of obligations in the credit reporting system, and other measures provided for by law.

In cases where there is capacity but refusal to enforce the judgment, it is suspected of the crime of refusing to enforce the judgment or ruling. where there is a capacity to enforce a people's court's judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

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 do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.