The traffic accident case, the party won the lawsuit but lost money end also often happen, so how to make good traffic accident compensation for personal injury disputes lawsuit? To master some skills of traffic accidents in litigation, we can better protect their legitimate rights and interests.

Choose the procedure time, skills

What time does the lawsuit is a skill, according to the relevant provisions of "" interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case, calculation of compensation for disability or death compensation based on the per capita disposable income of urban residents and rural residents per capita net income is determined according to the provinces, a court debate at the end of the census and Statistics Department released the autonomous regions, municipalities directly under the central government, and special economic zones and cities specifically designated in the state plan on an annual statistical data.

Visible, the same case in 2006 September and the prosecution in March 2007 sued the judgment results are not the same. The lawsuit also consider whether new laws or judicial interpretations promulgated, the law or explanation is favorable to our action.

Two, the court of appeal of the selection techniques

"Civil Procedure Law" the twenty-ninth regulation, brought for infringement litigation, jurisdiction by the infringement or the people's court at the domicile of the defendant. Visible, the traffic accident cases are not only the traffic accident happened to the court may have jurisdiction over the place where the defendant has his domicile, the court also has jurisdiction over. The parties may save the litigation cost and convenient procedure from the angle selection from the jurisdiction of their recent court, but the most important thing is to choose the jurisdiction of different courts according to different court basis in the calculation of compensation for disability or death compensation the compensation when the standard level, simple example, for example, the same case, the people's Court of Nanjing city and Hefei Municipal People's courts have jurisdiction, so we try to choose the people's Court of Nanjing City, because of Nanjing city of Jiangsu Province, calculate the disability compensation on the basis of urban residents per capita disposable income of rural residents per capita net income or standards for statistical data of Jiangsu Province, and Hefei city of Anhui Province, the calculation standard for statistical data Anhui Province, the statistical data of Anhui province is obviously lower than the statistical data of Jiangsu province.

Three, the selection techniques

First of all, the defendant committed against multiple columns, subject to the greatest possible pull three hanging two, would rather to wrong, do not leak report, this will increase the insurance factor executive body and assume responsibility; secondly, on a property available for enforcement of the defendant, do be choosers. If the other party belonging to the unit, the vehicle is cast to have insurance, insurance amount how many are procedural issues to consider; for those without property available for the implementation of the defendant should think about other ways, not necessarily follow the proceedings.

Skills four, application of law

Take the bus, taxi, road traffic accident liability for breach of contract and tort liability concurrence happens in many cases, the victim has the choice of an infringement lawsuit or passenger traffic accident damage compensation of contract breach of contract lawsuit rights. Choose different legal application, the results tend to be quite different, especially in the accident of traffic accident cases, more need to make full use of the law of rights, according to the different choice of solvency of the legal relationship of different.

Five, the same life compensation techniques

If you live in the city, and you also is rural registered permanent residence, then, in a traffic accident compensation if suitable for rural standard, then it is very bad for you, the gap between the two great. Rural residence requirements applicable to urban residents compensation standards need to do two:

1 , the prosecution before the full collection in the town live continuously full a year of evidence, such as proof of the neighborhood committee, the local police station residence certificate, residence permit, within the city housing since housing proof of evidence;

2 , in the process of litigation actively mediate with each other. Thankfully, the trial practice in many recent national courts tend to equal life compensation, therefore, as long as you can prove that you have been living in the city for more than a year, you can ask the court for city standard. In this way, you will greatly enhance the amount of compensation.

Six, the criminal supplementary civil action selection applies techniques

According to the relevant provisions of law, in some cases, suspected of crime, traffic accident. For example, the traffic accident death more than one or three wounded, the negative or the primary responsibility for all accidents, the perpetrators should bear civil liability and criminal liability not only. In this case, the victims or their families should consider whether to initiate criminal incidental civil action. Mention has three advantages: one is the criminal supplementary civil action without advance payment of litigation fee, two cases of treatment is relatively timely, three is responsible to reduce the criminal punishment, often active compensation. Note that, in the judicial practice, criminal incidental civil litigation claims mental injury solatium (also is the spiritual loss), the court generally will not support; but otherwise civil lawsuit court may support.

Applicable skills seven, that the responsibility of traffic police book

In traffic accident cases, issued by the traffic control department of the traffic accident is a very important evidence, accident report directly indicate the case happened, no sufficient evidence to the contrary in the premise, the court will recognize the evidence. But the responsibility for the book is not only the court civil liability allocation.

For example, according to China's "road traffic safety law" provisions of article seventy-sixth, in the motor vehicle and non motor vehicle traffic accident compensation, even if the non motor vehicle party is the main responsibility or full responsibility, the vehicles should bear civil liability for compensation is still, if there is evidence of the existence of the non motor vehicle fault, liability of motor vehicles can only be reduced the.

Visible, litigation is a lot of skills, the prosecution before the preparation which evidence, which the court jurisdiction, applicable law, how to better safeguard their own rights and interests are the victim, should fully consider the problem, different cases have different processing modes, different treatment methods will produce different results, when faced with these problems the lawyer advised the best, please professionals to help you design action plan.