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Of course, it is necessary to take the legal route and sue the other driver, the car owner, and the insurance company as defendants. At the same time, you can apply to the court for property preservation of the other party (that is, a means to prevent the other party from transferring property).
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1. The other party is fully responsible for the traffic accident and refuses to pay the money, and can file a civil lawsuit with the court. The court is prepared to determine the liability of the other party, and if the other party fails to pay the arrears within the prescribed time limit, it can apply to the court for enforcement.
2. If the other party still fails to perform its obligations within the specified time limit, then the court can allocate and freeze the other party's property in accordance with the law to repay your compensation.
3. If the other party has money but refuses to perform on the court's judgment, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.
Legal basis
Article 74 of the Road Traffic Safety Law of the People's Republic of China provides that 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 court.
After mediation by the traffic management department of the public shortage Tong'an Liang Liang Destruction 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.
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In the event of a traffic accident, the other party is fully responsible and does not pay the money, and can file a lawsuit with the court within the statute of limitations. If the other party still does not compensate after the court makes a judgment, the injured party may apply to the court for enforcement, and the time limit for applying for enforcement is two years. If the court is still unable to carry out the demonstration after exhausting all enforcement measures, the court will suspend the enforcement and may apply to the court for enforcement after the other party's economic situation has improved.
Legal basis] Article 119 of the Civil Procedure Law of the People's Republic of China, a lawsuit must meet the following conditions:
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 claims and 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.
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Legal analysis: If the other party in the traffic accident refuses to compensate in full responsibility, it can first be mediated by the traffic management department of the public security organ, and 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 court.
Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 93 If an agreement is reached through mediation, the traffic management department of the public security organ shall make a mediation document for compensation for road traffic accident damages on the spot, which shall be signed by all parties and served on all parties respectively. The conciliation document shall contain the following contents:
1) Basis for mediation;
2) The basic facts and losses identified in the road traffic accident identification document;
3) the items and amount of damages;
4) the liability and proportion of the damages of the parties;
5) The method and time limit for the performance of compensation are stupid;
6) Date of mediation.
If the parties to the mediation do not reach an agreement, the traffic management department of the public security organ shall terminate the mediation, make a final mediation of the traffic accident damage compensation in front of the road, and serve it on the parties.
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If the other party is fully responsible for the traffic accident but refuses to compensate, and the negotiation of the claim fails, the traffic police department can be found for mediation, and if the mediation fails or the mediation agreement is not performed, the court can sue for compensation.
Legal basis] Article 74 of the Road Traffic Safety Law, for disputes 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 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.
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If the other party is fully responsible for the traffic accident but refuses to compensate, it can find the traffic police department for mediation, and if the mediation fails or the mediation agreement is not performed, it can be sued to the court for compensation. 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.
What is the compensation standard for traffic accidents.
1. The perpetrator shall bear the liability for compensation for the personal injury caused to the victim in accordance with the law, of which the compensation for the training ruler includes: medical expenses, hospitalization expenses and their food expenses, lost work expenses, etc., if the victim is seriously injured or seriously disabled, the injured party can also claim compensation for disability compensation, follow-up nursing expenses, etc.;
2. If the perpetrator causes the death of the victim due to a traffic accident, the infringing party shall compensate the corresponding funeral expenses, death compensation and compensation for the moral damages of the relatives of the victim Li Na in addition to the relevant expenses of the rescue;
3. The victim can negotiate with the infringer to agree on the corresponding compensation fee, or may request the traffic police department or the mediation committee to intervene in the mediation, if the mediation is ineffective, the victim can appeal to the people's court in accordance with the law.
Legal basisArticle 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.
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Where the lawyer answers the question of the traffic accident and the other party is fully responsible but refuses to compensate, the party shall immediately report to the police to deal with it, and the traffic police department shall promptly draft a written determination of responsibility for the traffic accident, and the party may request mediation by the traffic management and distraction department of the public security organ, or apply to the people's mediation committee for mediation, or may directly file a civil lawsuit with the people's court. In the case of a dispute over compensation for damages caused by a traffic accident in accordance with 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 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 does not take effect, the parties may file a civil lawsuit with the people's court.
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