1. What should I do if the parties to the accident refuse to pay compensation?
1. Go to the Enterprise Information Section of the Industrial and Commercial Bureau first (pay attention to whether the other insurance company is registered in the municipal bureau or the provincial bureau), spend a dollar, pull a piece of enterprise information of the other insurance company and stamp it.
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2. The traffic police detachment that issued the accident certificate will pull out the information of the other owner and driver with the accident responsibility certificate (no need to stamp).
3. In the local court, the clerk in the lobby will give you a template, fill out the indictment, pay 50 pieces of legal fees, and hand over the invoice, loss determination sheet, liability confirmation sheet, maintenance sheet and indictment, owner information, driver information and insurance company information 1 each to the court together, and you can get the notice of litigation acceptance.
4. Go home and wait. Usually in a few days, the court will make several phone calls to both parties to try to mediate. If the other party is a rogue and refuses to mediate, the mediation will be invalid. 15 days.
In this waiting process, the court will communicate with the insurance company. If the general insurance company is unwilling to enter the court session, it will ask the court to open a letter of assistance, stamp the copied materials and mail them to the person who specializes in litigation issues in the other insurance company. After receiving it, the other party will send the money to the court, and then the court will inform you to withdraw the money.
6. While withdrawing money, the clerk will ask you to write a withdrawal application (she will teach you to write it) and sign it. In two days, I will receive a court legal document, that is, a civil litigation award, by express delivery. What's the case? The insurance company has paid for it, and the plaintiff withdrew the lawsuit. In fact, the court has put an end to this case and adopted a legal form.
Two, request traffic accident compensation to prepare the following information:
(1) Evidence to prove the qualifications of the original defendant and the defendant.
1. If the plaintiff is a natural person, it shall submit identification materials such as ID card and household registration book.
2. If the plaintiff is a legal person or other organization, it shall submit a copy of the industrial and commercial business license issued by the industrial and commercial registration authority or the main registration materials such as the industrial and commercial registration list and the corporate registration certificate.
3. If the plaintiff changes his name after the litigation legal facts occur, he shall submit the change registration materials.
4. If the parties to the dispute over compensation for road traffic accidents are the family members of the deceased, the certificate of the first-order heir of the deceased and the basic information of the heir shall be submitted.
5. Submit the certificates of the owner, actual controller and driver of the accident vehicle and the certificates of relevant relationships.
6. Provide proof of the owner, actual controller and driver of the damaged vehicle and their relationship.
(2) Evidence that the traffic accident proves that it has the qualification of litigation agent.
1. If the plaintiff is a legal person or other organization, it shall submit the identity certificate of the legal representative or the certificate of the person in charge (with official seal).
2. If the plaintiff entrusts another person to represent the lawsuit, it shall submit a power of attorney signed or sealed by the client, which shall specify the entrusted matters, authority, time limit and contact telephone number, and submit a copy of the agent's identity certificate. If the agent is a practicing lawyer, a copy of the practicing certificate shall be submitted.
3. If the plaintiff is a Hong Kong resident or a party in Taiwan Province, Macao and other regions and countries entrusts a domestic practicing lawyer to represent the lawsuit, it shall go through the notarization entrustment formalities with the Hong Kong lawyer entrusted by the Ministry of Justice in accordance with the provisions of the Ministry of Justice.
(three) to prove that the two sides have a traffic accident and other evidence to prove the claim.
1, the lawsuit of traffic accident damages shall be submitted to the public security traffic management department to handle traffic matters.
Therefore, the certificate of responsibility, traffic accident compensation mediation or mediation to end the accident and other supporting materials.
2, forensic materials, traffic accident disability assessment or disability re-evaluation.
3. In case of personal injury, submit the disease certificate, discharge certificate and transfer certificate issued by the hospital. Invoice of medical expenses, salary certificate of the injured, salary certificate of nursing staff, price certificate of appliances for the disabled, certificate of basic information of dependents, invoice of transportation and accommodation fees, etc.
4. If there are financial losses, submit financial loss assessment report and maintenance invoice.
5. Provide the calculation method and list of the specific amount requested in the litigation request.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents
Article 62 The traffic administrative department of the public security organ shall make a road traffic accident determination within 10 days from the date of on-site investigation. In case of a hit-and-run traffic accident, a road traffic accident confirmation shall be made within ten days after the vehicle and driver involved in the traffic accident are detained. If inspection and appraisal are needed, the road traffic accident shall be determined within five days from the date of the conclusion of inspection and appraisal.