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1. The correct procedure is to put the owner of the other party's vehicle and the driver at the time of the accident (if the two are not the same person), and these two pieces of information should be on the accident identification letter. Then sue the court with the compulsory insurance company of the other party's vehicle as a defendant (according to your local judicial practice or regulations, the insurance company may also act as a third party), if the insurance company cannot be found, first sue the owner and driver of the vehicle, and wait for the court to notify him to respond to the lawsuit (if you get the court summons, it means that the other party has been notified by the court), apply to the court to add the above insurance company (let the court ask the defendant).
Then your case will be heard at least twice, the first time is that the evidence of your car damage has been fixed after cross-examination, and then you apply to the court to do an appraisal of the depreciation of the value of the car. After the appraisal conclusion comes out, the court is revisited again and the other party is asked if there is any objection to the appraisal conclusion. If not, just count the money.
2. If the other party is fully responsible, you should be fully compensated for your losses, which is no problem.
3. After you file a lawsuit with the court, you will apply to the court for property preservation and let the court seize the other party's vehicle. You must know the car number, just go to the DMV to go through the formalities, so that the other party can only use the car and cannot buy, sell, mortgage and other disposals. Note!
You must sue as soon as possible, otherwise the other party will sell the car and you will basically have nothing to keep it, unless he has other cars. You can entrust a lawyer to find out the information of the other party's car and house at the vehicle management office or housing transaction center.
3. Litigation fees, appraisal or appraisal fees, and preservation fees should be paid in advance when you sue the lawsuit, and after winning the lawsuit (definitely winning the lawsuit, that is, the problem of losing more money and less money), the other party shall bear it, unless the amount of your litigation claim is too high, then the actual liability of the defendant judged by the court will be proportional to you to share the above costs. However, the court generally does not support the lawyer's fee.
4. After winning the lawsuit, you can directly apply for compulsory enforcement, and the vehicle that has been preserved before can be enforced. If the compensation is not enough, you will have to investigate the clues of the other party's property yourself.
Remember!! Sue quickly, and then do property preservation right away!
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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What should I do if I am judged to be fully responsible for an accident and only have compulsory traffic insurance? What should I do if I am extorted after compensation?
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Legal analysisIf the other party is unwilling to fulfill the liability for compensation, then the owner can file a lawsuit with the court, or apply to the insurance company for subrogation, and the insurance company will first pay for its own losses, and then the insurance company will recover from the fully responsible party, it should be noted that the application for subrogation must be the insured insured has insured the car damage insurance, and there is an accident within the scope of the car damage insurance to apply.
Legal basisArticle 60 The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (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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Summary. Hello, dear, you are fully responsible for the only compulsory insurance, first of all, the limit of the compulsory insurance, and the rest of the costs are borne by yourself.
Hello, dear, you are fully responsible for the only compulsory insurance, first of all, the limit of the compulsory insurance, and the rest of the costs are borne by yourself.
Jiaolu strong insurance can compensate the other party's expenses: death and disability compensation limit of 180,000 yuan, medical expenses with liquid bi compensation limit of 10,000 yuan, property damage compensation limit of 10,000 yuan.
Tell me, what exactly is the situation?
I didn't overtake and crashed into someone else's car.
Well, are there any injuries, dear.
I was a little injured, not serious.
Well, you should pay attention to safety when driving, dear, did you report to the traffic police at that time? How is the responsibility for the accident divided.
I don't know yet. I'm coming to the hospital.
The traffic police's accident responsibility certificate has not yet come out, right?
At that time, was there a compaction line for overtaking?
No. Generally, there is no compaction line, which will not constitute full responsibility.
You don't have to worry about it, wait for the traffic police to issue an accident liability determination, and the insurance companies of both parties will pay compensation, so you have a good rest first. If you have any questions, you can always consult with the stupid teacher.
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