Come and help me deal with major traffic accidents

Is the driver still civilly liable if he dies?

The heirs shall be liable within the scope of the inheritance according to the proportion of accident liability, that is, 50%.

If both parties agree to the determination of liability, how should the blood money be collected?

by close relatives. Can I receive blood money as a **person?

The pension is paid by a close relative. There can be ** people.

Question addendum: Who is eligible to receive blood money?

The answer is the same as above. If he didn't have a power of attorney from me, the heir, wouldn't he be able to withdraw the money?

Of course, if you are underage, it will be entrusted by your mother or grandfather or grandmother.

What should I do if my dad is primarily responsible for this case?

The heirs shall be liable for compensation according to the proportion of accident liability within the scope of inheritance, and the pension shall not be an inheritance.

Whoever, on the basis of Article 133 of the Criminal Law, violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property, shall 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.

According to the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents".

Article 1: Where a major traffic accident occurs in violation of traffic and transportation management regulations by personnel engaged in transportation or non-transportation personnel, on the basis of clarifying responsibility for the accident, where a crime is constituted, it is to be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law.

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.

Since the perpetrator is dead. Compensation can only be paid out of vehicle insurance. If his heirs inherit his property, he shall be compensated for the shortfall. For those who have died, they can be claimed by their heirs.

In the event of the death of the driver, his heirs or his employer (in the case of an act of duty) shall be liable for compensation.

If the compensation is collected by someone else, there must be a power of attorney.

You can just see what the law says about this kind of thing.

Looking for the leader of the traffic police, Xiao Luo Luo is useless, you are not in a hurry, what can you do.

1. Call the party you are chasing and go to the Quick Claim Center together;

2. The insurance company (I am PICC) has someone waiting in the fast claim center, you explain the situation clearly, and then you fill out the fast processing form, and both parties sign;

3. You drive the car to the 4S shop, and the 4S shop can negotiate the maintenance cost with the insurance company;

4. After repairing, you put the information sorted out by the 4S store to the insurance company, and wait to get the money back.

If nothing else works, then chase it again and call the police again. This time, we had to wait for the traffic police to arrive at the scene, and then the insurance company would investigate the scene and then withdraw.

Such a situation is the fault of the traffic police force, and their leadership should be looked for!

Regulations on Procedures for Handling Traffic Accidents

Article 45 After investigation, the traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the behavior of the parties in the traffic accident and the severity of the fault

1) If a traffic accident is caused by the fault of one of the parties, it shall bear full responsibility; If the party escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility;

2) Where a 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 traffic accident, and if it is a traffic accident, none of the parties is liable;

If one party intentionally causes a traffic accident, the other party is not liable.

Article 46 The traffic management department of the public security organ shall make a traffic accident identification document within 10 days from the date of the investigation of the scene of the traffic accident after the inquest and inspection of the scene. In the case of a traffic hit-and-run, a traffic accident identification certificate shall be drafted within 10 days of the seizure of the traffic hit-and-run person and vehicle. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be drafted within five days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed.

If the traffic accident is handled by the traffic police, the traffic police will divide the responsibility according to the accident violation, and the traffic accident responsibility is divided into, primary responsibility, equal responsibility and secondary responsibility.

1. Main responsibility, due to the driver's violation of the traffic accident or major traffic accident caused by the death or injury shall bear full responsibility, the driver's license shall be revoked for two years.

2. Equal responsibility means that both drivers have violated the rules and traffic accidents, and both parties should be equally responsible, and 12 points or no points will be deducted from the driver's license.

3. The secondary responsible person is the other party's violation of regulations, and the traffic accident is the secondary responsibility for the injury or death of the other party, and the driver's license will be deducted 12 points or no points.

Alarm. ** is responsible for the results of the investigation.

First of all, it is necessary to have the handling opinions of the traffic police.

According to your description, it is estimated that it will also be ruled as reciprocal liability, that is, one person and half, and the other party only has compulsory insurance, and if you compensate, you will be compensated by the compulsory insurance first, and how much can you compensate.

On-site treatment, the vehicle in which the accident occurred must stop immediately, the parties must protect the scene, rescue the injured and property, and the location should be marked when it must be moved. 2/4

After receiving a report, the public security organs shall immediately dispatch personnel to the scene to rescue the injured and property, investigate the scene, collect evidence, and take measures to restore traffic as soon as possible. 3/4

After ascertaining the cause of the traffic accident, the public security organ shall determine responsibility based on the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident. 4/4

If the party has not violated the rules or has violated the rules, but there is no causal relationship between the violation and the traffic accident, he shall not be liable for the traffic accident.

Call the police to the traffic police department first and leave relevant evidence, which must be handled by the official or you can choose to mediate privately.