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If a person is sentenced to prison for a traffic accident and is still required to pay compensation, he or she must also bear civil liability for compensation in accordance with the law when he is sentenced for the crime of causing a traffic accident. When necessary, the people's court may seal or seize the defendant's property, and even if there is no property to enforce, then it is still necessary to perform the obligation to pay compensation.
Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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That's right. Criminal liability and civil liability are two separate categories of legal liability and cannot be substituted for each other. In the aftermath of a road traffic accident, there is no doubt that being able to take the initiative to compensate and obtain the forgiveness of the family is beneficial to reduce the criminal punishment.
Where they are unable to actively deal with the aftermath or even refuse to bear responsibility for the aftermath, they cannot be exempted from civil liability if they bear criminal responsibility. If the victim's family files a lawsuit, they will also have to bear civil compensation.
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1. Do you need to pay money after going to jail for traffic accidents?
1. After a traffic accident is imprisoned and there is no money to compensate, it is still necessary to compensate, and the criminal liability cannot be deducted from the civil liability. If no compensation is made, the other party may apply for compulsory enforcement, and after the other party applies for compulsory enforcement, the people's court will seize, freeze, transfer or sell the property of the person subject to enforcement according to different circumstances.
2. Legal basis: Article 242 of the Civil Procedure Law of the People's Republic of China.
If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, shares, and shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.
When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
2. How to make a claim after a traffic accident.
1. Notify the insurance company;
2. The insurance company sends someone to understand the situation;
3. Submit documents such as insurance policy, driving license and driver's license to the insurance company;
4. After the insurance company assesses the damage of the vehicle, it will assess the cost;
5. Review the claim documents;
6. After the approval is passed, bring the relevant materials to receive the claim.
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Legal Analysis: After being released from prison for a traffic accident with a criminal offense attached to a civil offense, if there is a conditional refusal to compensate, the injured party may file a lawsuit with the People's Talking Bridge Court, and may apply for compulsory enforcement, and if the people's court finds that it is unable to compensate, it may rule to suspend enforcement.
Legal basis: Article 2 of the Civil Procedure Law of the People's Republic of China contains 156 articles in any of the following circumstances, the people's court shall rule to suspend enforcement:
1) The applicant indicates that enforcement can be postponed, (2) a person not involved in the case raises a well-founded objection to the subject matter of enforcement, (3) a citizen who is a party dies and needs to wait for the heirs to inherit rights or assume obligations, (4) the legal person or other organization that is a party is terminated and the successor of rights and obligations has not yet been determined, and (5) other circumstances in which the People's Yuanno Court deems that enforcement should be suspended.
After the suspension disappears, the execution resumes.
It depends on the specifics. Full responsibility, intentional, speeding, drunk driving, etc., are likely to be sentenced. Of course, it may also be that the other party's family must pay the price.
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In the event of a road traffic accident, the other party will also pay vehicle depreciation after the responsibility is determined and the claim is settled, which should be a reasonable request, but there is no legal support at present, you don't have to pay attention to him and ask him to go through legal procedures. Because from the current legal support, the compensation for the traffic accident has included all the expenses, and there is no such thing as paying depreciation, if he has evidence, he can solve it through legal procedures.