What should I do if the other party is fully responsible and refuses to pay compensation? ——Rights protection guide and hot case analysis
In a traffic accident, if the other party is judged to be fully responsible but refuses to compensate, the victim often falls into a dilemma in defending his or her rights. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide you with structured solutions and attach relevant data references.
1. Recent hot traffic accident cases (last 10 days)
| event | Responsibility determination | Compensation progress |
|---|---|---|
| A delivery boy in a city crashed into a car while driving on the wrong side of the road and escaped. | The deliveryman is fully responsible | The platform advanced part of the fees and the victim is suing |
| Refusal to compensate for rear-end collision of new energy vehicles with "three noes and one no" | Full responsibility for the car behind you | The insurance company intervened, but negotiations failed. |
| Elderly man asks for compensation after being hit while crossing road | Pedestrians are solely responsible | Car owners receive humane compensation after court mediation |
2. Steps to deal with the other party’s full responsibility and no compensation
1.Keep evidence: Accident scene photos, traffic police liability certificate, medical records, etc.
2.Negotiation and communication: Negotiate with the responsible party through the traffic police or a third-party mediation agency.
3.Insurance company subrogation recovery: If the other party has insurance but delays in compensation, you can apply to your own insurance company to advance payment in advance.
4.legal action: File a civil lawsuit in court to enforce compensation.
| Rights protection methods | Success rate (reference) | Average time taken |
|---|---|---|
| Negotiation and mediation | about 60% | 1-3 months |
| insurance subrogation recovery | More than 85% | 2-6 months |
| legal action | More than 90% (with evidence) | 6-12 months |
3. Answers to hot questions
Q1: What should I do if the other party has no insurance or property?
A: You can apply for judicial relief or be included in the list of dishonest people through the court, but the actual compensation may be limited.
Q2: Is the other party an employee of an online ride-hailing/delivery platform?
A: The platform must bear joint liability and can sue both the platform and the individual at the same time (refer to the recent case of a delivery driver).
4. Lawyer’s advice
1. Apply for property preservation before litigation to prevent the other party from transferring assets.
2. Pay attention to the revision of the Road Traffic Safety Law. The new regulations may increase the penalty for refusing to compensate.
3. Use social media for exposure (such as Douyin, Weibo), but be aware of legal boundaries.
Summary: When faced with a situation where the other party is fully responsible and does not pay compensation, a multi-pronged approach needs to be combined with evidence preservation, legal channels and public opinion supervision. Recent hot topics show that insurance subrogation and platform joint and several liability are breakthroughs in efficient rights protection.
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