[Direct answer]The other party is fully responsible but refuses to pay compensation. You can seek compensation according to law: According to Article 1,213 of the Civil Code of the People's Republic of China, the other party's compulsory insurance shall first pay compensation within the limit (180,000 yuan for death and disability, 18,000 yuan for medical expenses, and 2,000 yuan for property damage). For the insufficient part, the commercial third-party liability insurance shall pay compensation according to the contract, and the remaining insufficient part shall be compensated by the party at fault. The correct approach is to keep the accident determination letter, repair invoices, medical bills, and loss of income certificates, and then file a written claim with the insurance company. If no agreement is reached, you can sue the court within the three-year statute of limitations, listing the party at fault and the insurance company as co-defendants, and apply for property preservation if necessary. Beijing Henglue Law FirmPersonal Injury and Medical Dispute TeamWe can assist in calculating compensation and representing clients in litigation. For more details, please refer to the following link:Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 121 of the Civil Code of the People's Republic of China (effective January 1, 2021)

The article establishes the "three-level compensation order" for traffic accident compensation: First, the insurer of compulsory insurance shall make compensation within the limits of compulsory insurance liability, regardless of whether the other party has the ability to pay; Second, the insurer of commercial third-party liability insurance shall make compensation in accordance with the insurance contract; Third, if there is still insufficient compensation or no insurance at all, the infringer, that is, the party at fault, shall make compensation himself. The legislative purpose is to prioritize the compensation responsibility to insurers with payment capacity, so as to avoid victims being left with no compensation due to the insufficient payment capacity of the infringer. For victims, it is the most effective way to list the infringer and the insurers of compulsory insurance and commercial insurance as co-defendants when suing; insurers cannot use the excuse of "the insured's lack of cooperation" to resist the victims' direct claims for compensation.

2. Article 76 of the Road Traffic Safety Law of the People's Republic of China (amended on April 29, 2021)

When an accident occurs between motor vehicles, the party at fault shall bear the liability for compensation, and the parties shall share the liability in proportion to their respective faults; when an accident occurs between motor vehicles and non-motor vehicle drivers or pedestrians, if the non-motor vehicle party is not at fault, the motor vehicle party shall bear the liability for compensation; if there is evidence to prove that the non-motor vehicle party is at fault, the motor vehicle party's liability shall be appropriately reduced; and even if the motor vehicle party is not at fault, it shall still bear no more than 10% of the compensation liability. This article, together with the accident determination letter, constitutes the basis for the court to determine liability: the determination of full responsibility made by the traffic police is a public document with strong probative force, and the other party must provide sufficient counter-evidence to refute it. If the victim has objections to the determination of liability, he/she shall apply for a review within three days from the date of receipt of the determination letter.

3. The interpretation of the practical judgment

Courts generally use the accident responsibility determination letter issued by the traffic police department as the main basis for determining the compensation ratio, unless the parties provide sufficient evidence to the contrary to refute it. Defendants are usually treated as joint defendants with the infringer and the compulsory insurance company, and there are relatively few disputes over compensation within the limits of compulsory insurance. For the excess amount, the compensation shall be borne by the commercial insurance company and the infringer in accordance with the proportion of responsibility. For defendants who refuse to perform their obligations, the plaintiff may apply for property preservation before or during the litigation, such as seizing the vehicle and freezing the account. If the defendant fails to perform the obligations after the judgment takes effect, the plaintiff may apply for enforcement and be included in the list of dishonest people. Common situations where support is not granted include: incomplete bills, lack of evidence for loss of income and nursing care, and claiming high disability compensation without appraisal. For parts that are difficult for the court to verify, the court will generally not support them. 法院普遍将交警部门的事故责任认定书作为确定赔偿比例的主要依据，除非当事人提供相反证据足以推翻；被告通常按侵权人、交强险公司、商业险公司共同被告处理，交强险限额内的赔付争议较小，超出部分按责任比例由商业险与侵权人负担。对拒不履行的被告，原告可在诉前或诉中申请财产保全，查封车辆、冻结账户；判决生效后不履行的，可申请强制执行并纳入失信名单。常见不获支持的情形是：票据不全、误工与护理没有证据、未经鉴定却主张高额残疾赔偿金，法院难以核算的部分通常不予支持。

II. Practical Experience of Henglue Law Firm

Based on Henglue's practical observations in handling traffic accident compensation cases, there are four common scenarios where the other party is fully at fault but delays making compensation: First, the other party only purchases compulsory insurance and does not have commercial insurance, and the individual uses the excuse of "not having money" to evade responsibility; Second, the other party delays for a long time by saying "wait for the insurance company to handle it", while the insurance company requires the victim to provide all the necessary documents or file a lawsuit first; Third, the victim's injuries are serious but their awareness of evidence collection is insufficient, resulting in the lack of proof of lost income, nursing receipts, and certificates of follow-up treatment fees, which leads to being offered a significantly lower compensation during negotiations; Fourth, the victim privately signs an unfair one-time settlement agreement, only to find later that the damages have escalated and it's too late to revoke the agreement.

The judge's stance is quite clear: as long as the accident determination report is clear, the documents are complete, and the disability appraisal process is standardized, the court will calculate the damages item by item according to the statutory provisions, and will not reduce or exempt the liable party's responsibility due to their "financial difficulties". The insurance company's compensation within the limits is also handled directly. The most common pitfalls that parties are likely to fall into include: prolonged neglect of the vehicle leading to increased losses, verbal promises of "private settlement" without written records, suing more than three years after the statute of limitations, and focusing solely on the other party while waiving claims against the insurance company. It is recommended to calculate the losses as soon as possible after the treatment is completed, fix the evidence, and, if necessary, hire a professional team for assistance. For reference, please refer to the following link:Legal services for personal injury and medical disputesEvaluate the claim settlement plan.

III. Frequently Asked Questions

Q1: If the other party refuses to pay compensation, can I really get the money back by suing them?

In most cases, this is possible. Compulsory insurance and commercial insurance are directly compensated by insurance companies, which have strong payment capacity and are the main sources of recovery. Even if the other party temporarily has no assets, the winning judgment can still be enforced through compulsory execution. The court can freeze their bank accounts and online payment accounts, seize their vehicles and properties, and list them as dishonest individuals or restrict their high-consumption activities if they refuse to fulfill their obligations. The key lies in clear liability determination and complete evidence of losses. Before suing, it is necessary to calculate the compensation amount according to the statutory items to avoid having the compensation amount reduced due to insufficient evidence.

Q2: What evidence do I need to prepare if I want to sue the other party and hold them fully responsible?

There are five main types of evidence: the traffic accident liability determination letter (determining full responsibility); medical records, diagnosis certificates, and medical expense receipts (for personal losses); repair invoices, towing and rescue fee receipts (for property losses); proof of lost work time, payroll records, and tax payment records (for lost work time compensation); and nursing care agreements or income proof of nursing care personnel (for nursing care fees). For cases involving disability, a judicial appraisal opinion is also required. All original receipts should be kept safely. WeChat records and phone call recordings showing that the other party admits responsibility or refuses to pay compensation can also be used as supplementary evidence.

Q3: How much does it cost to file a lawsuit like this?

The litigation fees are paid in stages based on the amount of the claim. For claims between 10,000 yuan and 100,000 yuan, the fee is generally around 2.5%. After winning the case, the losing party usually bears the cost proportionally. If the case involves disability, an appraisal is required. The appraisal fee is generally prepaid by the applicant and ultimately shared according to the responsibility ratio. In principle, the attorney's fees are borne by the client, but they can be claimed in the lawsuit, and some regions support this practice. Compared with the total amount of compensation, the litigation costs are manageable, and insurance companies usually pay the compensation quickly after the judgment, so there's no need to give up on seeking compensation due to cost concerns.

Q4: How long will it take to receive the compensation?

In terms of procedures, the time limit for summary proceedings is three months, and for ordinary proceedings, it is six months. For traffic accident cases with clear facts and responsibilities, most of them proceed through summary proceedings or reach a settlement during the pre-litigation mediation stage; coupled with such steps as case filing, service of documents, and appraisal, the effective judgment or mediation agreement can usually be obtained within a few months. Insurance companies generally comply with the effective documents within a short period of time, and for those that need to apply for enforcement, the enforcement period depends on the other party's financial situation. Overall, the earlier the lawsuit is filed and the more complete the evidence is, the shorter the time it takes to get the money.

Q5: What should I do if the other party refuses to compensate me or cooperate with the insurance claim process?

There's no need to wait for the other party's "consent". The victim can directly file a lawsuit and list the party at fault and its compulsory insurance and commercial insurance companies as co-defendants. The court will order the insurance companies to pay the victim directly within the limit, without requiring the other party's cooperation as a prerequisite; if the other party refuses to appear, it will not affect the trial, and the court can announce the judgment and deliver it by default. If you are worried that the other party will transfer assets, you can apply for property preservation at the same time when suing. If the judgment is still not enforced after it takes effect, you can apply for compulsory enforcement.

IV. Advice on Protecting Rights and Interests

  • After the accident, immediately call the police and request a certificate of responsibility determination for the accident. If you have any objections to the division of responsibilities, you can apply for a review within three days.
  • Before the end of the treatment, save all medical records, invoices, and certificates of lost working time, and keep every invoice for repair and rescue fees without exception.
  • First, send a written claim letter to the insurance company and keep a record of the communication. If no agreement can be reached through negotiation, directly file a lawsuit and list the insurance company as a co-defendant.
  • For more serious injuries, apply for a disability assessment in time. After the disability compensation is calculated according to the assessment level, you can then negotiate or file a lawsuit.
  • Please note the three-year statute of limitations. Do not delay suing just because the other party has made an oral promise. If necessary, apply for property preservation. For more experience, please refer to the relevant materialsBeijing Henglue Law FirmOfficial website.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm