What should I do if the other party is fully responsible for the traffic accident and has been dragg

If the other party is fully responsible for the traffic accident and does not deal with it, the victim can directly sue the other party to perform the liability for compensation. The victim also has to bring the letter of responsibility, the list of losses and other materials to the people's court to sue the other car owner and the insurance company. As long as there is a clear defendant and there are specific claims, facts and reasons, then the court will generally accept the case.

Where, after the people's court's judgment takes effect, the deceased still refuses to enforce the judgment, an application for compulsory enforcement may be made.

[Legal basis].Article 119 of the Civil Procedure Law of the People's Republic of China: Initiating a lawsuit must meet the following requirements:

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.

Legal analysisFirst of all, the traffic management department of the public security organ will make a road traffic accident identification certificate within 10 days from the date of on-site investigation; When the other party does not deal with it, if the other party is fully responsible, you can go to the court to sue the other party car owner and insurance company with the letter of responsibility, loss list and other materials; When the other party does not deal with and compensate after winning the lawsuit, it can go to the court to apply for compulsory enforcement.

[Legal basis].Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal 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. Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine:

1) Chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given 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.

Article 133-2 Whoever uses violence or grabs control of a driving control device against a driver of a moving public transport, 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.

Hello, if the other party is not fully liable for the traffic accident and does not deal with it, you can file a lawsuit with the people's court with the responsibility determination of the traffic police and all the documents of the loss. The owner and driver of the vehicle involved in the accident and the insurance company that insured the vehicle can be the defendants. In the event of a traffic accident, the following process can be followed:

After the traffic accident occurs, the other party is fully responsible, but he has not dealt with it, you can communicate with the traffic police department, let the traffic police department issue the accident responsibility determination as soon as possible, after the accident responsibility determination is issued, you can take the accident responsibility determination to the court to sue, and ask the other party for compensation.

You can reflect to the traffic police department through normal channels, contact the other party in a timely manner through the traffic police department, and deal with the traffic police team, if the other party still does not deal with it, you can sue through the court, and the court will enforce it according to the facts of the accident.

It can be resolved through negotiation, and the party who is not responsible can hand over all the bills to the car owner, and the car owner can then claim compensation from the insurance company. However, the insurance company will not directly compensate the non-responsible party, and there is also a lawsuit. If the negotiation fails, the car owner and the insurance company can be sued directly.

In the case of a traffic accident, if the other party is fully responsible and has been dragging it out, he will be urged to accept the treatment as soon as possible, otherwise, he will be punished additionally.

If there is evidence to prove that the other party bears full responsibility for the accident, but has been delaying the handling of the accident, you can first negotiate with the other party, and if the negotiation fails, you can go to the people's court where the accident occurred to file a lawsuit.

If the parties apply for mediation by the traffic management department of the public security organ, and the mediation fails to reach an agreement, the parties may file a civil lawsuit with the people's court in accordance with the law, or apply to the people's mediation committee for mediation.

The fact that the other party is fully responsible for the traffic accident and has been dragging it out does not affect the issuance of the traffic accident certificate, and after the certificate is issued, you can go to the court to file a lawsuit and demand that the other party compensate for the traffic accident.

It does not affect the handling of traffic accidents, because the traffic accident liability determination should be issued within 10 working days, and the parties can take the traffic accident identification certificate and directly go to the court to sue the other party for compensation.

The other party has been holding on to the full responsibility of the traffic accident and has not dealt with it: first, the traffic management department of the public security organ will make a road traffic accident identification certificate within 10 days from the date of on-site investigation; When the other party does not deal with it, if the other party is fully responsible, you can go to the court to sue the other party car owner and insurance company with the letter of responsibility, loss list and other materials; When the other party does not deal with and compensate after winning the lawsuit, it can go to the court to apply for compulsory enforcement.

1. The other party is fully responsible for the traffic accident and the other party does not compensate for the treatment.

After a traffic accident, the first thing is to call the police, the traffic police investigate the scene, and let the traffic police issue an accident responsibility determination, regardless of whether the other party signs it or not, but there must be. Second, let the personnel of both insurance companies be present, if the other party refuses to compensate, the easiest way is to use the subrogation of the insurance company, the insurance company's service does not have to be in vain, provided that you have purchased car damage insurance, otherwise you can not enjoy the subrogation recovery service, after the use of subrogation, it will not be counted as an insurance, will not affect the premium of the next year, subrogation is the right of the owner, Article 60 of China's "Insurance Law" stipulates the situation of "subrogation", if you have purchased car damage insurance, If the insurance company does not agree to use subrogation, we can call the CBIRC **12378 to complain.

2. How to judge death caused by a car accident.

According to the provisions of China's Criminal Law, it can be known that if a car accident causes death, if it is a major traffic accident, it is necessary to sentence up to three years imprisonment or criminal detention, and the specific sentence is determined according to the circumstances of the case. China's judicial interpretation stipulates the following three situations, and if one of them is met, it is a major traffic accident: first, the person bears the main or full responsibility for the accident, resulting in the death of one person or the serious injury of three or more people; The second is to bear the same responsibility for the accident, and the third is to bear the main or all responsibility for the accident that caused the death of three or more people, causing major losses to private property or public property, and the amount of compensation that cannot be compensated reaches more than 300,000 yuan.

The above three situations are serious traffic accidents, which constitute the crime of causing traffic accidents, and need to be sentenced to fixed-term imprisonment of more than three years or criminal detention.

III[Legal basis].

Article 133 of the Criminal Law.

Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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.

If you can contact the other person, you can also contact the other party and urge them to solve it as soon as possible.

Insurance Law of the People's Republic of China Article 27 The right of the insured or beneficiary of insurance other than life insurance to claim compensation or payment of insurance money to the insurer shall be extinguished if it is not exercised within two years from the date on which he or she becomes aware of the occurrence of the insured event. The right of the insured or beneficiary of life insurance to request payment of insurance benefits from the insurer shall be extinguished if it is not exercised within five years from the date on which it becomes aware of the occurrence of the insured event.

In the event of a traffic accident, the traffic police determine the responsibility and then pay compensation according to the proportion of liability. If there is a minor accident, if you can negotiate by yourself, you can directly report to the insurance company to deal with it. 1. If it is the same liability, you can choose to pay for each one, that is, to find your own insurance company to make a claim (this requires the insurance companies of both parties to reach a consensus), which is suitable for the situation that the injuries of both parties are similar.

Or the insurance company compensates each other (that is, the car is compensated by the insurance company of the other car), which is also suitable for the situation where the injuries of both parties are similar. To complicate matters, your own insurance company pays 50%, and the other party pays 50%. In terms of information, only two invoices need to be issued, and the maintenance cost is equally shared, and the others are the same (generally the situation where the damage of the two parties is quite different).

2. The primary and secondary liabilities are similar to the same liabilities, but they cannot pay or compensate each other (unless the insurance company can reach an agreement), and the compensation will be paid according to the proportion of liability, and two invoices will be issued in proportion. 3. Full responsibility, which is a situation that is easier to deal with, the above two points need to be reported to their respective insurance companies. In this case, only the fully responsible party needs to report the insurance, and all the injuries of the three responsible parties are compensated by the fully responsible party.

The three responsibilities are not damaged, and it is enough to provide a copy of the compulsory traffic insurance. 4. Unilateral accidents, in this case, you can not report to the traffic police (small accidents, do not affect road safety), and directly report to the insurance company. 5. If there is a person **, the compensation is similar to the above, and the part that exceeds the compulsory traffic insurance will be paid by the three liability insurance.

Medical invoices are required, and imported drugs are not compensated) Attached: Claim information - a copy of the car insurance policy, a copy of the driver's license (the informant), a copy of the driving license, the insured's ID card, a copy of the bank card or passbook, the accident certificate or the insurance company's on-site investigation form, maintenance invoice, and insurance company's damage assessment form. If there are three vehicles, the information of the three includes:

A copy of the compulsory traffic insurance, the accident certificate or the insurance company's on-site investigation form, the insurance company's damage assessment certificate and maintenance invoice. (If the three are not damaged, it is still necessary to provide a copy of the compulsory traffic insurance and the accident certificate or the on-site investigation form of the insurance company) The above is the situation of buying full insurance, if there is a type of insurance that is not bought, the part of the compensation will be deducted accordingly (that is, it belongs to the liability of this insurance).

Answer: "When the other party is not fully responsible for the traffic accident, the parties may resolve the dispute over compensation for road traffic accident damages in the following ways: (1) apply to the people's mediation committee for mediation; (B) apply for mediation by the traffic management department of the public security organ; (3) Initiating a civil lawsuit in a people's court.

First of all, the traffic management department of the public security organ will make a road traffic accident identification certificate within 10 days from the date of on-site investigation; In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within five days from the date on which the conclusion of the inspection or appraisal is determined.

When the other party does not deal with it, if the other party is fully responsible, you can go to the court to sue the other party car owner and insurance company with the letter of responsibility, loss list and other materials;

When the other party does not deal with and compensate after winning the lawsuit, it can go to the court to apply for compulsory enforcement.

Article 47 The traffic management department of the public security organ shall make a road traffic accident identification document within 10 days from the date of on-site investigation. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within 5 days from the date on which the conclusion of the inspection or appraisal is determined.

There are clear provisions on the handling of accidents, and the traffic management department of the public security organ shall, according to the inquest, inspection, and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties. The traffic police are dragging it, probably hoping that you will negotiate a settlement.

In fact, there are three ways to choose traffic accident compensation: negotiation between the two parties, mediation by the traffic police, and mediation.

Question: Hello, the traffic accident injured the other party, and now it has been a few months, but the other party has been dragging it out, not dealing with it, and not answering, what should I do.

Question: Do I need a lawyer to prosecute?

Ask who will pay the lawyer's fees if you win the lawsuit.

Ask a question oh okay, thank you.

The other party is responsible for the traffic accident, and the full responsibility for the accident has been dragged on. You can directly ask the traffic police department to force the other party to deal with the accident to the fully responsible party. It is possible to lock the other party's vehicle and driver's license. Make it impossible for their vehicles and driver's licenses to be verified.

If there is evidence to prove that the other party is fully responsible, and the other party refuses to accept the treatment, the traffic police can also determine the responsibility of the other party. After the determination, a civil lawsuit may be filed directly in the people's court.