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Anonymous users2024-02-08The 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. At the same time, if a person claims compensation for bodily injury, the statute of limitations is one year.
According to article 219 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the (Civil Procedure Law of the People's Republic of China), if a party files a lawsuit beyond the statute of limitations, the people's court will accept it, but if it is found that there is no reason for suspension, interruption or extension after acceptance, it shall make a judgment rejecting the litigation claim.
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; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application.
The so-called statute of limitations refers to the time limit prescribed by law for asserting and exercising one's rights, and if one fails to claim and exercise one's rights within the statute of limitations, the right will not be compulsorily protected by law. But how should we look at it?
If you choose litigation as your own way of claiming, the first thing you need to pay attention to is that the lawsuit cannot exceed the statute of limitations. The so-called statute of limitations refers to the time limit prescribed by law for asserting and exercising one's rights, and if one fails to claim and exercise one's rights within the statute of limitations, the right will not be compulsorily protected by law. In other words, if the right is claimed beyond the statute of limitations, the right to win the lawsuit will be lost, and the court will make a judgment to dismiss the claim, but if the other party voluntarily performs the obligation, the law does not prohibit it, but it will no longer give compulsory protection to the right, and cannot apply for enforcement.
The purpose of the statute of limitations is to urge the parties to exercise their rights as soon as possible.
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Anonymous users2024-02-07At first, you will not be punished, because there is a time limit after the traffic police issue the certificate, and you will not be punished within the time limit, and then before and after the deadline, it is also urged by you to the traffic police, and the traffic police urge the other party many times, and you yourself have to ** or go to the other party's home to urge, and in the end, there is no way but to take the certificate to the court to sue, if the other party's family is in difficulty and does not have the ability to perform the prosecution, it is useless, anyway, it is very troublesome!
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Anonymous users2024-02-06Hello, if one party is unwilling to deal with it, it can file a lawsuit with the people's court, and if the other party does not perform, it can apply for enforcement. 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.
At the same time, if a person claims compensation for bodily injury, the statute of limitations is one year.
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Anonymous users2024-02-05Otherwise, he won't be able to do the annual inspection, and he will have to deal with it in the end.
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Anonymous users2024-02-04Responsibility for traffic accidents is fully responsible. (A) due to the fault of one of the parties resulting in a road traffic accident, bear full responsibility; (2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.
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Anonymous users2024-02-03Legal analysis: After a traffic accident, if there is no dispute between the two parties to the accident and both parties are equally responsible, the following procedures can be adopted:
1. The responsible parties report to their respective insurance companies and require the insurance companies to assess the damage on the spot, and the compensation method is self-compensation;
2. After the insurance company inspects and assesses the damage on the spot, 110 calls the police to the traffic team;
3. The traffic team shall issue a traffic accident certificate of summary procedure;
4. Repair the car by yourself with the accident certificate and the insurance company's inspection and damage assessment documents, and settle the claim by yourself;
Legal basis: Article 1208 of the Civil Code of the People's Republic of China Where a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.
The responsibility for the accident is divided by the traffic management department of the public security organ, and is determined according to the role played by both parties in the accident and the degree of fault. The conclusion of the division of responsibility of the traffic police will be one of the following five liability situations, that is, one party bears "full responsibility, primary responsibility, equal responsibility, secondary responsibility, and no responsibility". The proportion of liability borne by them will be different if they bear different responsibilities, because the liability for compensation is mainly based on the liability for the accident.
According to Article 76 of China's Road Traffic Safety Law, if a motor vehicle is involved in a traffic accident and causes damage, the insurance company shall compensate within the scope of the liability limit of the compulsory third-party liability insurance of the motor vehicle, and the insufficient part shall be borne according to the liability of the parties. Article 21 of China's "Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability" also stipulates that if a road traffic accident occurs in an insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the limit of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law; For the shortfall after the insurance company compensates within the limit of the compulsory third-party liability insurance liability of the motor vehicle, the liability shall be apportioned according to the fault between the motor vehicles. In the event of a traffic accident, the liability of the insurance company within the limits of the compulsory third-party liability insurance for motor vehicles is not premised on the fault or liability of the insured vehicle. >>>More
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