Legal analysis
If a traffic accident occurs, causing death and causing an accident, it can be convicted and sentenced for the crime of traffic accident. The parties need to bear corresponding criminal responsibilities and compensate the other party for losses. Even if there is no money, they should bear civil liability for compensation, and the two sides can negotiate the way of compensation. If you have no money to pay for a traffic accident, you will not go to jail. They go to jail because they have to bear criminal responsibility, and losing money is a civil responsibility. Can't replace each other. In real life, property can be required to be enforced at any time. If the obligor refuses to execute the effective legal document, he may apply to the court for compulsory execution. If the person subjected to execution has no property to execute, the court may suspend execution and resume execution when the other party has the ability to execute. Judicial custody may even be suspected of refusing to execute the effective civil judgment document for refusing to execute the court ruling. Traffic accidents will have serious consequences if they are not handled. In the event of a traffic accident, the insurance company will not compensate, but will also face various fines and many troublesome consequences that cannot be handled.
legal ground
"Road Traffic Safety Law of the People's Republic of China" Article 72 After receiving the traffic accident alarm, the traffic administrative department of the public security organ shall immediately send traffic police to the scene, organize rescue for the injured first, and take measures to restore traffic as soon as possible. The traffic police shall conduct an inquest and inspection on the scene of the traffic accident and collect evidence; Due to the need of collecting evidence, the accident vehicle may be detained, but it shall be properly kept for verification. The traffic administrative department of the public security organ shall entrust a specialized agency to conduct a professional inspection of the physical and mental condition of the parties. The appraisal conclusion shall be signed by the appraiser.