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It is the deposit for the aftermath of the accident, and the fee must be returned for two years, and the time limit for filing a traffic accident for general injuries is one year, but the traffic police department requires two years to close the case for the sake of insurance. When it comes to the cost of repairing your car, the insurance company has a provision that you must apply for compensation at one time, that is, you will give up the life compensation after you apply for the repair compensation, which is stipulated in the terms of the insurance. It can't be changed.
In a situation like this, you may wish to consult a professional lawyer in the post bar { legal advice bar.
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Riders, if it has been more than a year since you had a traffic accident a year ago and the other party has not proposed it to you and the traffic police to deal with it, you can ask the traffic police to refund the deposit you paid for the aftermath of the accident. Because:
1.The statute of limitations for personal injury compensation disputes in traffic accidents is one year, and if you have suffered minor personal injuries in an accident like you, you should be deemed to have exceeded the statute of limitations or given up your claim for compensation to the other party if you do not file a claim before the date of the accident and one year after that. This is the reason why you ask the traffic police department to return the security deposit;
2.In fact, after you make such a request, the traffic police, for the sake of safety, will definitely try to find the other party and ask both of you to go to the traffic police force for processing and mediation. If you can't contact the other party for various reasons, or if the other party can't go for no reason, the traffic police will refund the deposit you paid in accordance with the relevant regulations.
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More than one year from the date of the accident and the injured party does not sue; If the judgment has already taken effect after prosecution, the owner or user of the vehicle (who may be the defendant) may take it away with the judgment. If, after a lawsuit, the judgment has already taken effect, the owner or user of the vehicle (which may be the plaintiff) may take it away with the judgment and the court's notice of assistance in enforcement.
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It appears that this situation can only be resolved through legal means.
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Yes, there are relevant regulations for traffic accident deposits.
The deposit for the handling of traffic accidents generally refers to the medical advance payment for traffic accidents, and in addition, a deposit equivalent to the price of the car is required before the accident is determined.
For cars that have been purchased with compulsory traffic insurance after a traffic accident, the party or vehicle owner who is liable for compensation shall pay a compensation deposit for the injured and the deceased, and the slightly injured person shall be 5,000 yuan to 10,000 yuan for one person; 20,000-30,000 yuan for 1 person who was seriously injured; The deceased person is 3-50,000 yuan for 1 person. For cars that have not purchased compulsory traffic insurance, if an accident causes property damage and personnel **, 80% of the assessed loss fee shall be paid.
Margin payouts:
If a traffic accident causes property damage and personnel **, according to the written application of the owner or injured party of the security deposit, or the notice of the medical institution to pay the medical expenses, the traffic management department may, with the approval of the leader, decide the payment of the security deposit. If the party involved in the accident files a civil lawsuit with the court or the party concerned is transferred for prosecution on suspicion of the crime of causing a traffic accident, the security deposit shall be transferred to the court or judicial organ. The higher-level traffic management department will regularly and irregularly manage the payment and payment of the deposit by the lower-level traffic management department.
Security deposit return:
When a traffic accident is mediated, the party paying the deposit does not bear the obligation to compensate for damages; or has fulfilled the obligation to compensate for damages; or after the mediation of damages is concluded, if the parties do not file a lawsuit with the court within the statute of limitations, the traffic management department shall return the deposit or balance and its bank interest to the payer. The traffic management department shall notify the payer in writing of the time and place of receiving the deposit, and those who have not received it for 12 months after the deadline shall be handed over to the state treasury.
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There is no requirement for this to be forced, and there is no law that stipulates that it must be paid, so it is not necessary. However, some necessary medical treatment fees can be paid in advance.
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No! As long as you listen to the police and don't violate the obligations stipulated in Article 69 of the Criminal Procedure Law, you don't have to pay it! Otherwise, part or all of the security deposit may be deducted, and if the situation is bad, you will be asked to make a statement of repentance, re-pay the security deposit, submit a guarantor, or residential surveillance, and be arrested.
You should also note that the Code of Criminal Procedure interprets Article 129, and if you have these circumstances, you will be arrested! You just search for the Criminal Procedure Code and the Criminal Procedure Law Interpretation on it to find these articles!
Also, on the whole, this is called the crime of intentional injury (minor injury), and if the other party just wants to fight but has not yet hit, you constitute an imaginary defense! If you are about to do something, you are also not in good defense. In short, it's a good thing that you don't take advantage of it, it's a good thing to stick a knife in your friend's ribs, but don't be so impulsive, behave well now, and strive to reconcile!
To add: I read it wrong, I thought it was you who hit it! You just replace you among me with your friend.
This should be a minor injury, not a disability. The use of the 10,000 yuan deposit is to prevent your friend from escaping, so that your friend will have a concern about escaping. It will be returned after a lawsuit is filed.
However, at the time of trial, your friend should be convicted of intentional injury (minor injury), and the person who was beaten will also file an attached civil lawsuit for damages. Your friend may be sentenced to up to three years in prison, detention or controlled release, and civil compensation. But I personally think that detention or surveillance is more likely, after all, it is only the root of the ear that has been knocked out1 3.
It also depends on whether your friend has the circumstance of voluntary surrender, that is, whether your friend surrendered himself or was arrested by the public security on his own initiative. If you are waiting for the police to come to the police in the place of the fight or voluntarily surrender, then it can be determined that your friend has voluntarily surrendered, and the letter wheel can generally be punished lightly or commuted, and your friend has committed a relatively minor crime, so you can be exempted from punishment! If there is no voluntary surrender plot, then it can be seen whether your friend has a confession plot, that is, admitting that there was such a thing as a fight, and pleading guilty.
But it's not a blind confession, your friend can also argue with reason, such as the other party is about to do it, the other party is abusive and threatening first, the other party has violated traffic rules, and so on! If there is a voluntary surrender and a confession, it will be fine, the problem is not very big, if it is coupled with a good attitude of admitting guilt, under normal circumstances, the most is control and loss of money or only loss of money.
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What is the general deposit for picking up a car in a traffic accident???
After the traffic accident occurs, the traffic offender generally pays a traffic accident deposit of 5,000 yuan to 50,000 yuan, and can also pay 80% of the loss cost of the case. The deposit for this kind of traffic accident is mainly for the victim's injury**, to protect the legitimate traffic rights and interests of citizens, and to compensate the victim's legitimate losses.
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Hello I am happy to answer for you, traffic accident deposit, traffic accident perpetrators in the traffic accident, generally pay 5,000 yuan to 50,000 yuan of traffic accident deposit, can also be paid according to 80% of the loss cost of the case. The deposit for this kind of traffic accident is mainly for the injury of the victim, to protect the legitimate traffic rights and interests of citizens, and to compensate the legitimate losses of the victim.
Actively compensate the victim's family and obtain a letter of understanding from the family, so that the compensation items that will be suspended are: 1. Medical expenses. Including: diagnosis and treatment fees, medical expenses, hospitalization fees, and others (voucher payment, referral form for foreign **; 2. Lost time pay. >>>More
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It is similar to the writing of the civil complaint, there is not much attention to the format, the key is the content, the disadvantage for you is that your car only has compulsory traffic insurance, and the property loss is only 2000, if the other party spends 1w to repair the car, then you have to bear 4000. Your car costs 1w, and the other party also has to bear 4000, and if the other party has commercial insurance, they can be reimbursed. >>>More
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