1. Whether the vehicle owner in a traffic accident needs to pay litigation fees

Generally, the defendant or the losing party bears the cost. It needs to be advanced by the plaintiff.

In the current handling of personal injury compensation cases arising from traffic accidents, insurance companies generally believe they should not bear litigation costs. The specific legal basis is Article 10, Item 4 of the "Motor Vehicle Traffic Accident Liability Compulsory Insurance Clauses" (hereinafter referred to as "Insurance Clauses") issued by the China Insurance Regulatory Commission: "Arbitration or litigation costs and other related expenses arising from traffic accidents are exempt from the liability of compulsory insurance, and the insurance company is not responsible for compensation and advance payment."

2. What is the litigation procedure for traffic accident cases?

1. Filing a lawsuit and acceptance

Parties involved in a traffic accident who wish to file a lawsuit for damage compensation should submit a complaint to the court. If the court reviews and finds that it meets the filing conditions, it will accept the case within seven days; if it does not meet the conditions, it will issue a ruling within seven days, and the party can appeal if dissatisfied.

2. Preparations before the trial

Within five days after the court accepts the case, it will send a copy of the complaint to the defendant, who should submit a defense statement within 15 days. The court will form a collegial panel to review the litigation materials and carry out necessary preparatory work before the trial.

3. Court hearing

(1) Notify the participants in the lawsuit three days before the hearing.

(2) Verify the participants in the lawsuit before the hearing, announce court discipline, inform the parties of their rights and obligations in the lawsuit, and inquire whether they wish to apply for recusal.

4. Court investigation.

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

(2) Witnesses have an obligation to testify about the case situation.

(3) Present evidence.

(4) Read the appraisal conclusion.

(5) Read the inspection record.

(6) Parties can present all evidence in court.

(7) Both parties should cross-examine the evidence related to the compensation dispute.

5. Court debate, the plaintiff speaks, the defendant responds, and the third party speaks and responds after mutual rebuttal.

6. After the court debate concludes, and both parties have clarified their disputes, the court investigation ends, and a judgment should be made according to the law.

7. The court may mediate if possible; if mediation fails, a judgment should be made promptly. Ordinary procedures should be concluded within six months from the date of filing; if an extension is needed due to special circumstances, it can be extended for six months with the approval of the court president; further extensions require approval from a higher people's court.