What to do if the other party's claim for compensation in traffic accident is unreasonable

I traffic accident What if the other party's claim for compensation is unreasonable

If the amount of compensation for a traffic accident is unreasonable, the parties may choose to submit it to the people's court litigation , the people's court shall make a judgment in accordance with the law. At the same time, the amount of compensation for traffic accidents mainly depends on the following factors.

First, the traffic police department liabilities for traffic accident The division proportion of different responsibilities is very important for the compensation of the accident. Secondly, the household registration, age, personal income, hospitalization and nursing, and family members' compensation raise The situation of the person and the location of the prosecution court will significantly affect the final amount of compensation.

among Disability compensation Mental consolation payments and living expenses of the dependants are closely related to the location of the court and the household registration of the litigants, Nursing expenses The food allowance for hospitalization and the cost for missed work are closely related to the income and treatment of the party concerned. The specific amount of compensation needs to comprehensively consider the above factors and provide corresponding evidence To be confirmed.

2、 How to Litigation for Traffic Accident Compensation

（1） Prosecution and acceptance. If a party to a traffic accident brings a lawsuit for damages, it shall submit it to the court Indictment Within seven days after the court accepts the case if it meets the conditions for prosecution Filing a case ; If it believes that the conditions are not met, it shall make a ruling within seven days. If it is not satisfied, it may appeal.

（2） Preparation before trial. The court shall send the attached copy of the indictment to the defendant within five days after filing the case, and the defendant shall submit it within 15 days Pleading The court shall form a collegial panel to examine the litigation materials and make necessary preparations before the trial.

(III) Hearing

1. The litigation participants shall be notified three days before the hearing.

2. Before the trial, check the litigation participants, announce the court discipline, inform the parties of their litigation rights and obligations, and ask whether to apply for withdrawal.

3. Court investigation

(1) The parties state their claims and reasons for prosecution.

(2) witness Units and individuals who know the case are obliged to testify.

(3) Show evidence

(4) Read out the appraisal conclusion

(5) Read out the records of the inquest.

(6) The parties may present all evidence in court.

(7) The evidence provided by both parties to the cross examination on the compensation dispute shall cross examine each other.

4. Court debate. The plaintiff speaks, the defendant defends, and the third person speaks and defends each other after the defense

5. After the court debate is concluded and the dispute between the parties is verified, the court investigation is concluded and a judgment shall be made according to law.

6. If the court can mediate, it shall mediate. If mediation fails, it shall timely judge that the trial of ordinary procedure shall be concluded within 6 months from the date of filing. If it is necessary to extend it under special circumstances, it can be extended for 6 months with the approval of the president of the court; If the extension is still needed, it shall be reported to the people's court at a higher level for approval. first instance After the end of the ordinary procedure, if the party refuses to accept the appeal, the judgment of the first instance will not be effective and will enter procedure of second instance 。 second instance The judgments and rulings of the court are final and have legal effect. Once they are announced or delivered to the parties, they will have legal effect. The party concerned cannot sue or appeal against this decision.

III Traffic accident litigation How long does it take?

Traffic accident claim From the perspective of pure procedure, the first instance is generally judged within six months. If the case needs to be extended in special circumstances, it can be extended for six months with the approval of the president of the court. If the other party appeals, the first instance is judged, the second instance is judged within three months, and if the first instance is ruled, the second instance should be completed within one month! Of course, if retrial is involved, it will be more complicated! However, for ordinary traffic accident infringement cases, the trial will not be extended, that is to say, the court will make a judgment of first instance within 6 months at most. Of course, if there is someone, you can hear and close the case in the shortest time.

In combination with individual cases, the compensation for the injured or the family members of the deceased is different in different traffic accidents. Then at this time What to do if the other party's claim for compensation in traffic accident is unreasonable ? It is recommended that Entrusted lawyer To have Jurisdiction To the court. Entrusting lawyers involves lawyer agent The specific fees can be determined through consultation with the lawyers. If you need to provide legal assistance, you can also directly consult the professional lawyers on our platform.