What should I do if I die in a traffic accident and the driver who caused the accident does not pay

1. It is recommended that the owner and driver of the vehicle involved in the accident and the insurance company of the vehicle that purchased the vehicle should be sued to the court together;

2. Claim compensation according to the responsibility determination made by the traffic police and the appraisal conclusion made by the forensic doctor;

3. Compensation items include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and if the victim dies due to injury, the necessary expenses incurred due to the increase in living needs and the loss of income due to the loss of working ability, including death compensation and compensation for mental damages.

4. The compensation ratio shall be subject to the accident liability determination made by the traffic police department;

5. If the other party is a motor vehicle, as long as you are not fully responsible, the insurance company will give priority to the compensation liability within the scope of the compulsory traffic insurance, and the excess part will be borne according to the proportion of the accident liability.

6. The compensation standards are different in different places, so it is recommended to entrust a lawyer** and calculate the relevant compensation amount.

Pay in advance and then go through the court.

Hello, how is the responsibility of the traffic police determined. For details, please come to ** for consultation.

In the event of a traffic accident, the party responsible for the accident shall be liable for compensation according to the liability, and funeral expenses are one of them. The traffic police are responsible for pursuing legal responsibility in accordance with the law in the event of a fatal accident, but only mediation is required in the compensation for accident damages. The traffic police cannot force the money to compensate, but the other party has to sue the court, and if the court judgment is not enforced, it may be enforced.

Article 1179 of the Civil Code Whoever infringes upon another person and causes personal injury shall be compensated for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

Article 1179 of the Civil Code: Where a victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income due to the loss of ability to work, including disability compensation, expenses for carrying equipment for the disability assistance banquet, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care and continuation. Where the victim dies, the person obligated to compensate shall compensate for the funeral expenses, the living expenses of the dependents, the death compensation, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters, in addition to the relevant expenses stipulated in the first paragraph of this article in accordance with the circumstances of the rescue. Article 8 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Funeral expenses are calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and are calculated on the basis of a total amount of six months.

Summary. Legal Analysis: Legally, the perpetrator is not obliged to pay any expenses for the deceased until the law enforcement agency has made a determination of responsibility.

However, if the person may be primarily responsible for causing the death of a person and criminal responsibility is to be pursued, he may pay in advance to obtain the forgiveness of the victim's family, and may be given a lenient punishment in the future.

Legal Analysis: Legally, the perpetrator is not obliged to pay any expenses for the deceased until the law enforcement agency has made a determination of responsibility. However, if the person who is responsible for the death of a person is subject to criminal responsibility, he or she may pay in advance to obtain the forgiveness of the victim's family, and may be given a lenient punishment in the future.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person 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. "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" Article 2: In any of the following circumstances, 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 for an amount of 300,000 yuan or more. In any of the following circumstances, where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, it is to be convicted and punished as the crime of causing a traffic accident: (1) driving a motor vehicle while drunk, ingestive, or disguising himself as a drug; (2) Driving a motor vehicle without driving qualifications; (3) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism is out of order; (4) Knowingly driving a motor vehicle without a license or has been scrapped; (5) Seriously driving in excess of the fighting and noisy loading; (6) Fleeing the scene of an accident in order to evade legal prosecution.

Tell us about the case.

and specific division of responsibilities.

Summary. Hello dear, to distribute the death compensation in a car accident, the relatives who are entitled to the death compensation should first be determined, and then appropriately divided according to the intimate relationship between the deceased and the relatives, the closeness of living with the deceased, and the life **. If the relatives fail to negotiate and divide the matter, they may apply to the people's mediation committee for mediation or directly file a lawsuit with the court.

To allocate the accident death compensation, it is first necessary to determine the ownership of the death compensation, that is, what are the rights subjects of the death compensation.

Hello dear, the distribution of car accident death compensation should first determine the relatives who are entitled to share the death compensation, and then appropriately divide it according to the intimate relationship between the deceased and the relatives, the closeness of the life with the deceased, and the life **. If the relatives of Zenhan fail to divide the matter through negotiation, they can apply to the people's mediation committee for mediation or directly sue the court. To allocate the accident death compensation, it is first necessary to determine the ownership of the death compensation, that is, what are the rights subjects of the death compensation.

Death compensation includes funeral expenses, death compensation, living expenses for dependents, solatium for mental damages, and losses incurred by family members due to funeral matters, such as lost work expenses, transportation expenses, and accommodation expenses. Rush silver punch.

Yes. My parents drove a tricycle by themselves due to a traffic accident, and they left together, which was given by the state and given by the insurance company, more than 80,000 yuan for two people.

Then this money should be half of each of your brothers

Oh, yes! If he doesn't give me a share, I'm afraid that I won't be able to do it when the time comes, so what should I do to sue?

It is possible to prosecute. Can you win, others say that the money given by the state does not have to be paid back to the state if there is no money in the future, right?

Since the state gives compensation, you all have the right to inherit what else you need to pay back, and when you give it, the insurance company says that you will still want it from us at that time.

Since it's compensation, why do you have to go back if you give it.

I don't know, but what was written on it when I signed it, what kind of money was paid in advance.

If it is the death and burial expenses paid in advance, then the insurance company should find you to get it back, and if it is a traffic accident compensation is a dead branch, you will not want to return to the state of the mountain You want to understand it first