Many times we encounter all kinds of very personal characters. Personality is very prominent in the right place, but if used in the wrong place, it will become annoying. So, what should you do if the other party is responsible for a traffic accident but fails to compensate? Next, the author will compile some legal knowledge in this area, hoping it will be helpful to everyone.
What should I do if the other party responsible for the traffic accident is responsible but does not pay compensation
If the responsible party does not cooperate with the handling and compensation, the car owner should report the accident to the traffic police department as soon as possible in accordance with the law. Call for road surveillance and notify the other party to come to determine liability for the accident and claim compensation. If the other party still refuses to cooperate, you can file a lawsuit in court and require the other party to compensate for the corresponding losses.
It is recommended that you negotiate a settlement. If you are unwilling to negotiate or the negotiation fails, you can file a lawsuit with the court where the accident occurred and ask the other party to compensate for the losses.
Knowledge about the traffic accident claims process
After the accident, the customer reports the case to the claims department of the insurance company; after the auto insurance company receives the report, it will ask the customer to immediately fill in the accident information "Commercial Insurance" Registration Form"; the insurance company's back office will immediately issue the insurance based on the auto insurance certificate or policy number provided by the customer. Check the copy of the policy and make copies of the policy, copy of the policy and schedule. Before confirming the validity period of the reinsurance of the insurance subject matter or paying the insurance premium, the customer is required to fill in the "Insurance Case Inquiry Form" for filing (such as telephone, fax, etc.). The report investigator will be responsible for asking the customer to fill in the form) and write the case number according to the order of the case report; after the case is dismissed, the insured will be issued the relevant claim documents and informed of the claim settlement procedures and methods (telephone calls, faxes, etc. are the responsibility of the report investigator) ;Then notify the report surveyor to report the damage and the location of the accident.
Inspection and loss assessment
The surveyor will complete the on-site inspection and damage assessment within one working day after receiving the internal notification from the insurance company (if the damaged subject is inspected on-site, the local insurance company can be entrusted Completed within three working days); require customers to provide relevant documents; guide customers to fill in relevant claim documents.
Sign and review claim documents
The business department and back-office staff of each insurance branch company review the claim documents submitted by customers and explain to customers the documents that need to be submitted. After signing for the complete "Insurance (Claim) Report" (in duplicate), return the yellow couplet to the insured; return the claim document and the prepared documents to the insured. After the insured signs the "Insurance (Claim) Report (in duplicate)", return the yellow slip to the insured, and sort out the claim documents and other information and submit them to the Property and Casualty Insurance Department. After receiving the information submitted by the internal audit, the Audit and Claims Division will sign the handover book with complete documents; all claims information must be completed within three working days and reviewed by the person in charge of the Audit and Claims Division.
Approval
Claims within the scope of the property and casualty insurance department shall be reported to the manager in charge of claims management for approval; claims outside the scope of the property and casualty insurance department shall be reported to the manager in charge of claims management for approval.
Claim settlement
The person in charge of the Claims Division will hand over the claim number, receipt and calculation result that have completed the approval process to the finance department; after the finance department confirms the claim settlement, in addition to the receipt and calculation result , the rest is recovered.
Report a traffic accident in a timely manner, handle it proactively, and do not damage the scene
1. If a traffic accident occurs, especially a major traffic accident, you should report it as soon as possible and wait for the transportation department to conduct an on-site investigation. Conduct inspections and collect evidence to facilitate the issuance of a liability determination letter. The correct and reasonable determination of liability is based on a relatively complete scene, so the parties involved in the accident should pay attention to preserving the scene, and the motor vehicle party should pay special attention to this point. Because if the machine is not an accident, the cost of damaging the scene may be borne entirely by the motor vehicle.
2. Traffic accidents often cause casualties. At this time, as the party responsible for the accident, you should actively deal with it. First of all, you should call 120 emergency number. If it is close to the hospital, you can choose a non-accident vehicle to send the injured to the hospital for treatment. Parties not responsible for the accident should also uphold humanitarian principles and treat the injured. This is also the traditional virtue of the Chinese nation.
3. The accident scene is of great significance to the characterization and determination of liability for traffic accidents. The parties involved in the accident should protect the accident scene from damage.
Traffic accidents, especially major traffic accidents, often involve criminal liability. According to the law, if a major traffic accident occurs, if you bear full or major responsibility, you will bear criminal liability. Then the traffic team will determine whether the driver bears criminal liability. The traffic team determines the liability for the accident mainly based on the accident scene, the performance of the vehicle and the driver's fault. The scene of the accident is primary. If the accident scene is destroyed, the actual liability will often be unable to be determined, and the legal presumption of liability is very detrimental to motor vehicles. As a high-risk industry, motor vehicles have the burden of proof for their own responsibilities, so if they cannot investigate At the scene, leading to the presumption of accident liability, the motor vehicle party will often be held fully responsible, with a very small number bearing primary responsibility, and secondary liability and non-responsibility are almost impossible.
2. Contact the insurance company in a timely manner
Regardless of whether the vehicle involved in the accident is insured with compulsory traffic insurance or commercial insurance, the report should be reported promptly after the accident occurs (the regulations of each insurance company generally start from 24 hours to 72 hours), so that insurance claims can be processed smoothly and help reduce the economic losses of the policy holder.
3. Litigation time
1. After the traffic accident occurs, the traffic team intervenes in the investigation. After the traffic team issues an accident determination letter, the parties concerned file a lawsuit for their losses.
2. After the liability is determined, the injured person can file a lawsuit for the expenses he has spent. However, the lawyer believes that if the injured person has the ability to advance medical expenses and other expenses, he should try his best to complete the first treatment and File a lawsuit after the second surgery and disability assessment, which not only protects your own rights and interests, but also saves litigation resources.
3. As a party who has suffered property losses, you should appraise your losses. After determining the amount of the losses, you can file a lawsuit without delay.
4. Preparation work before litigation
Traffic accident cases are relatively common, but they are also relatively complex cases. Preparation work before litigation is very important. As a professional legal practitioner, Lawyers must perform their duties diligently and meticulously, which is simply impossible for ordinary people to do.
First of all, in general traffic accident cases, the compensation items may include medical expenses, lost work expenses, accompaniment expenses, hospitalization food subsidies, nutrition expenses, transportation expenses, appraisal fees, disability compensation, and dependent living expenses , disability assistive device fees, mental damage consolation payments, funeral expenses and death compensation in death cases, property losses and vehicle losses, of which vehicle losses include parking fees, appraisal fees, dismantling fees, damage assessment fees and other property losses, etc. Costs, compensation items vary depending on the case, but they are basically included. For all the above loss expense items, it is basically necessary to prepare the corresponding loss evidence, standards, calculation basis and amount before litigation. Otherwise, you will be at a disadvantage in the litigation and it will be difficult for the court to support a compensation plan without evidence. These complex tasks must be done meticulously and cannot be omitted.
Secondly, find out the identity, address and contact information of the other party so that the court can notify the defendant. Generally, insurance companies and legal parties need to be investigated here.
Thirdly, you need to prepare necessary litigation fees, appraisal fees, attorney fees and other expenses.
I hope the above content can help you solve related problems. If you have any questions, please feel free to consult a lawyer.
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