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The compensation treatment of traffic accidents can be reconciliation, mediation and litigation, and the mediation of the settlement and application for the traffic management department require the cooperation of the other party. What should I do if the other party does not pay for the traffic accident.
If you file a lawsuit, the court that accepts the compensation for the traffic accident is the court where the accident occurred and the court where the defendant is domiciled, and you can choose a court with high financial conditions to file a lawsuit, so that the amount of compensation calculated according to the standard of the court will be higher, and your total compensation will be larger. If the accident has just occurred, you need to wait for the accident certificate issued by the traffic management department, which will clarify the responsibilities of all parties involved in the accident, and you can know the size of the compensation liability by the accident liability, and then you can calculate the total compensation you can claim according to the compensation liability. If you do not understand the calculation of compensation and litigation procedures, and need to entrust a lawyer to ** accident compensation related matters, for the issue of traffic accident lawyer fees, we implement the first lawsuit and then charge, after the case is successfully compensated, we will collect a certain proportion from the total compensation.
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If the other party has insurance, you can directly sue the other party and the insurance company at the same time. In the case of traffic accident disputes, insurance is generally purchased, and the other party will generally cooperate, but the prosecution is faster than the insurance company's claim time, otherwise the insurance company will find various reasons to shirk and find a lawyer to deal with it directly, which is convenient and fast. If the other party does not buy insurance, then it is even more necessary to sue, because it is difficult for you to find someone, and even if you do, it is very likely that you will not pay for it.
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At what stage is it now? Traffic police, courts?
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1. Is there a time limit for the other party to be fully liable for the car accident?
1. Is there a statute of limitations for car accident compensation? Statute of limitations for traffic accident compensation. The statute of limitations for personal injury is one year from the date of the injury.
The victim shall claim compensation from the other party within one year after the end of the lawsuit, otherwise the statute of limitations will pass. In the event of bodily injury, disability or death as a result of a traffic accident, the statute of limitations for civil action is one year. Where a traffic accident causes property damage, the statute of limitations for civil action is 2 years.
Where there are both personal injuries and property losses, the statute of limitations is calculated separately.
2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.
Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years 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.
Article 133-1.
Dangerous Driving] Anyone who drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:
1) Chasing and racing, where the circumstances are heinous;
2) Driving a motor vehicle while intoxicated;
C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;
4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.
Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.
Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
2. How to deal with the driver who was hit and escaped.
1. Remember the relevant information of the vehicle;
2. Quickly report to the traffic police on duty or the traffic management department of the public security organ;
3. After receiving the traffic accident alarm, the traffic management department of the public security organ shall immediately send the traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible.
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We are fully responsible for the traffic accident, and the other party has been dragging it, what should I do?? There is no such thing as a "compulsory closure". For traffic accidents, after receiving the police, the traffic police department will conduct necessary investigations, inquests, and make a determination of accident responsibility.
After the traffic police determine the responsibility for the accident, the compensation can first be mediated by the traffic police organization, or by the agreement between the two parties, if the mediation or agreement between the two parties fails, it can be dealt with through court litigation. If the party is fully responsible for the accident, it should compensate the other party for all reasonable losses. If the other party does not claim compensation in a timely manner, or even is unwilling to conduct mediation or agreement, this is a reasonable exercise of the other party's rights, and the parties may not deal with it temporarily, which will not have an adverse impact on the parties.
If the other party wants compensation, it will naturally claim against the party at that time. Article 73 of the Road Traffic Safety Law The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation by 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 fail to perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the People's Court. This is the law on the old Yeondong regarding your issue.
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Lawyer's analysis: After the child support is paid, the hidden tuition fee is generally no longer given. Education expenses are one of the items in child support, so giving child support is equivalent to paying education expenses. The maintenance expenses in Zaosheng Town include living expenses, education expenses, medical expenses, etc., and the necessary expenses for the growth of children are all child support.
Legal basis]:
Civil Code of the People's Republic of China Article 1085 After divorce, where the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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