It is closely related to our life if the law determines that the party without responsibility will not handle the accident after it happens. In fact, many problems we encounter in our life are also legally related, and many things that cannot be negotiated can be solved through law. If it is determined that the party without responsibility will not handle the accident.
If the irresponsible party refuses to handle the traffic accident from 1 after the accident, it should contact the other party as much as possible, one is to divide the responsibility for the accident, and the other is to negotiate compensation. If the other party has no time to sign the Letter of Confirmation of Road Traffic Accidents, Article 18 of the Provisions on Procedures for Handling Road Traffic Accidents stipulates that mediation is not applicable under any of the following circumstances, and the traffic police can deliver the Letter of Confirmation of Road Traffic Accidents to the parties after stating the relevant information in the Letter of Confirmation of Road Traffic Accidents:
(a) the parties have objections to the identification of road traffic accidents;
(two) the parties refused to sign the road traffic accident certificate;
(three) the parties do not agree to mediation.
Therefore, regardless of whether the other party will confirm it or not, as long as the transportation department confirms it in time, the parties can get the road traffic accident confirmation. If the other party does not sign the traffic accident certificate, it will not affect the legal effect of the liability certificate and can be served on the other party.
The parties can use this as evidence for accident handling. In addition, according to the handling method of traffic accidents, one of the two parties who deliberately evaded the handling can be judged as full responsibility and investigated for legal responsibility.
What if one party is not responsible for the traffic accident and the other party does not handle it?
The following is the relevant answer to what one party should do if it doesn't go to the traffic accident scraping treatment. In traffic accident disputes, it is not uncommon for the irresponsible party to lose money and not repair the car. The irresponsible party is not in a hurry, but if the fully responsible party loses a lot.
It will be a bit tricky when the non-responsible party can determine the loss. In fact, there is such an express provision in the insurance clause:
"If the insurer cannot determine the amount of compensation within 60 days from the date of self-examination to the date of claim, it shall provide relevant certification materials. Priority is given to the amount that can be determined according to the existing information. After the compensation amount is finally determined, the insurer pays the corresponding difference. " So don't worry, the irresponsible party will delay the loss. In this case, the fully responsible party can let the insurance company pay in advance, and if the insurance company refuses to pay, it can take litigation measures.
After a traffic accident that does not involve personal injury, if one party fails to go to the designated traffic accident handling comprehensive service center or insurance claim service point as agreed, the other party may:
1, traffic accident handling comprehensive service center and accident scene record book insurance claim service point apply for accident identification.
2. The accident police verify the accident situation, issue a summary procedure for traffic accident identification, and serve the Notice on Handling Road Traffic Accidents to the parties who do not comply with the agreement, and urge them to go to the scene for handling within three days.
3. After being urged, if the parties still don't actively cooperate with the handling, the other party may apply to the insurance company insured by the other party's vehicle with the traffic accident certificate and the accident handling notice.
4. The vehicle insurance company that received the claim. Compensation shall be made in accordance with the provisions within the limits of compulsory traffic accident liability insurance and within the scope of commercial three-insurance compensation.
The traffic police reminded that in order to facilitate the accident police to understand the scene situation and facilitate the follow-up claims work, after a traffic accident without injuries, the driver had better put some "accident scene records" in the car. The driver can write down the name of another driver in the notebook.
After the accident is identified, the irresponsible party will not handle it. 2. What should I do if the irresponsible party in the traffic accident does not cooperate with others and is injured?
If the traffic police department is required to mediate, if mediation fails, or one party refuses to accept the mediation agreement, it can be resolved through judicial channels. If there are no injured people, the traffic accident only causes material losses, and the party not responsible for the traffic accident can directly file a lawsuit according to the traffic accident responsibility confirmation issued by the traffic police.
In this process, we must collect and preserve relevant evidence to prevent losses. If it is necessary to claim property depreciation loss, it is also necessary to provide an evaluation report issued by a qualified evaluation agency.
Second, the basic process of road traffic accident treatment
According to the Measures for Handling Road Traffic Accidents and the Procedures for Handling Road Traffic Accidents, after the accident, the basic processing flow is as follows:
(1) field investigation
1. After the traffic accident, if there are no casualties, the parties have no dispute about the facts and reasons, or only caused minor property losses, and the basic facts are clear, they can negotiate for damages and evacuate the scene. If there is any dispute about the facts and reasons, you must protect the scene and call the traffic police at 122 quickly. If the vehicle is insured, it shall promptly notify the insurance company to go to the scene.
2. After receiving the instruction, the police on duty must rush to the scene within the promised time and dispose of the scene quickly.
3. Conduct on-site investigation, including on-site visit, photography, drawing, measurement and inspection.
4. After the on-site investigation records are verified, the parties or witnesses shall be required to sign the on-site map.
5, due to the need of inspection, if necessary, can detain the vehicle and relevant documents.
6. Agree with the parties to handle the accident.
7. After-the-fact investigation must be conducted according to law, including inquiry, trace extraction inspection, technical inspection, damage assessment and other necessary identification.
(2) Responsibility determination
1. In the investigation stage, if necessary, call the parties to the traffic accident handling center to hold a hearing.
2. After finding out the basic facts of the accident and collecting sufficient evidence, identify the responsibility in strict accordance with the prescribed time.
3. When the responsibility is announced, all parties must be convened to clarify the basic facts of the accident and the reasons and basis for determining the responsibility.
4 inform the parties of the right to apply for re-appraisal and the statutory limitation.
(3) Punishment
1. After the responsibility determination becomes legally effective, the responsible party shall be punished and reported to the leader for approval.
2, according to the punishment decision made by the leadership to fill in the punishment award.
3, announced the punishment decision to the responsible person.
4 inform the parties of the right to apply for administrative reconsideration and the statutory limitation.
5. Improve relevant punishment procedures.
6. Execute the punishment.
(4) Compensation mediation
Collect certificates, bills and various materials related to damages.
Within 10 days after receiving the confirmation letter, all parties shall apply for public security mediation in writing, and then make a mediation letter and serve it to the parties respectively.
If mediation fails or fails to apply to the public security organ for mediation, fails to apply within the time limit, or refuses to accept the conclusions of accident identification, inspection and expert appraisal, a civil lawsuit may be brought to the people's court within the statutory time limit.
(5) through litigation.
1. After receiving the responsibility confirmation, if no prosecution is initiated and no mediation opinion is reached within the time given by the traffic police, the traffic police will release the vehicle involved.
2. After receiving the confirmation of liability, the injured party can bring a lawsuit to the court, and at the same time, the other party's vehicle needs to be completely sealed to ensure future execution. Especially those who are seriously injured and need hospitalization for a period of time or surgical treatment.
3. After the court filed the case, it issued a notice of assistance in execution to the traffic police department and seized the vehicle.
4. During the court session, anyone who may constitute a disability and need to be identified shall submit an application for identification to the court.
5. After the appraisal results come out, or after the treatment is basically over, the court will hold a court session and make a judgment.
6. The victim applies for execution.
The so-called "non-cooperation of the irresponsible party" rarely occurs. Basically, the amount claimed by the irresponsible party is very unscientific. As a victim of traffic accidents, the irresponsible party has great advantages. If all kinds of people don't cooperate, the main responsible person will not file a civil lawsuit himself and put himself at a disadvantage. It is suggested that the responsible party can ignore this uncooperative attitude towards the non-responsible party.
After the accident is identified, the irresponsible party will not handle it. 1. What should I do if the other party refuses to deal with the traffic accident?
1. If the other party doesn't come to deal with the traffic accident, you can find the traffic police in charge of the traffic accident. First, they will issue a traffic accident certificate, mail it to the party who caused the accident, and then bring a lawsuit to the court. After winning the case, they can apply to the court for enforcement.
2. The traffic administrative department of the public security organ shall make a traffic accident identification within 10 days from the date of on-site investigation. If inspection and appraisal are needed, a traffic accident confirmation shall be made within 5 days from the date when the inspection and appraisal results are determined.
3. If the parties dispute the compensation for traffic accident damage and all parties unanimously request the traffic administrative department of the public security organ to mediate, they shall submit a written mediation application within 10 days from the date of receiving the traffic accident confirmation.
4, traffic accident death, from the date of the end of the funeral mediation; For injuries caused by traffic accidents, mediation shall be started from the date of the end of treatment or disability; If a traffic accident causes property losses, mediation shall begin from the date of determining the losses.
5. The time limit for the traffic administrative department of the public security organ to mediate the dispute over compensation for traffic accident damage is 10 day. If an agreement is reached through mediation, the traffic administrative department of the public security organ shall make a mediation document and send it to all parties, and the mediation document shall take effect after being signed by all parties. If the mediation fails to reach an agreement, the traffic administrative department of the public security organ shall make a mediation conclusion and send it to all parties.
Second, the relevant provisions of the traffic accident treatment
According to the provisions of Article 27 of the Procedures for Handling Road Traffic Accidents, except for summary procedures, the traffic management department of the public security organ shall have at least two traffic policemen when investigating road traffic accidents.
When investigating, the traffic police shall show the people's police card to the investigated person, inform the investigated person of his rights and obligations according to law, and send a contact card to the parties. The contact card has the name, office address, contact information and supervision telephone number of the traffic police.
Twenty-eighth traffic police investigating road traffic accidents shall collect evidence in a timely, objective and comprehensive manner.
Thirtieth traffic police arrived at the scene of the accident, should immediately do the following work:
(a) in accordance with the requirements of the relevant standards and norms of accident site safety protection, delimit the warning area, place luminous or reflective cone labels and warning signs within a safe distance, and determine the person responsible for on-site traffic command and guidance. If traffic is interrupted due to road traffic accidents or traffic control measures such as closed roads need to be taken for on-site disposal and exploration, traffic diversion should also be organized in advance in the direction of traffic at the scene of the accident as appropriate, and bypass warning signs should be placed;
(2) Organizing the rescue of the injured;
(3) directing rescue and exploration vehicles to park in safe and convenient places for rescue and exploration, turning on warning lights, and turning on danger warning flashlights and position lights at night;
(four) to find the parties and witnesses of road traffic accidents and control the suspects;
(five) other work that needs to be carried out immediately.
Thirty-first road traffic accidents that cause death shall be confirmed by first aid, medical personnel or forensic doctors, and a qualified medical institution shall issue a death certificate. Bodies should be stored in places with mortuary conditions such as funeral service units or medical institutions.
Article 32 The traffic police shall make the following investigations on the scene of the accident:
(a) to investigate the scene of the accident and find out the accident vehicles, parties, roads and their spatial relations and the meteorological conditions at the time of the accident;
(2) Fixing, extracting or preserving on-site evidence materials;
(3) Questioning the parties and witnesses, and making interrogation records; If the site does not have the conditions to make an inquiry record, the inquiry process can be recorded and recorded;
(4) Other investigations.
Article 33 When investigating the scene of a road traffic accident, the traffic police shall, in accordance with the provisions of relevant laws and standards, take photos of the scene, draw a scene map, extract and collect traces and material evidence related to the case in time, and make a record of on-site investigation.
In the process of on-site investigation, if a party is found to be suspected of committing other crimes by means of transportation, it shall properly protect the crime scene and evidence, control the criminal suspect, and immediately report to the competent department of the public security organ.
In the event of an accident in which more than three people are killed, on-site camera shooting shall be conducted, and when necessary, personnel with specialized knowledge may be hired to participate in the on-site inquest and inspection.
The site map and the record of site investigation shall be signed by the traffic police, the parties concerned and the witnesses who participated in the investigation. If a party or witness refuses to sign or is unable to sign without a witness, it shall be recorded.
Thirty-fourth traces, physical evidence and other evidence may be changed, damaged or lost due to time, place, weather and other reasons, the traffic police shall fix, extract or save them in time.
The traffic administrative department of the public security organ shall, in accordance with the provisions of the Procedures for Handling Violations of Road Traffic Safety, draw blood or take urine samples in time for persons suspected of drinking alcohol or taking psychotropic drugs and narcotic drugs under state control, and send them to institutions with inspection and appraisal qualifications for inspection. If the driver of a motor vehicle dies on the spot, he shall have a blood test in time. If it does not meet the conditions for blood drawing, a certificate shall be issued by a medical institution or an appraisal institution.
Thirty-fifth traffic police should check identity documents, motor vehicle driving license, motor vehicle driving license, inspection marks, insurance marks, etc. Traffic accident suspects can be summoned according to law.
A traffic accident suspect found at the scene may be summoned orally upon the production of a people's police card, and the inquiry record shall indicate the suspect's arrival, arrival time and departure time.
Article 36 After investigating the scene of the accident, the traffic police shall count and register the articles left at the scene, organize the cleaning of the scene quickly, and resume traffic as soon as possible. If the left-over items can be returned on the spot, they shall be returned on the spot and recorded; If the owner cannot be determined on the spot, it shall be registered and properly kept until the owner is determined and returned in time.
The above is a detailed introduction about what to do if the other party refuses to deal with the traffic accident. Liability disputes in traffic accidents are difficult to handle, but in such cases, we must remain calm, learn to protect our rights and interests by legal means, and do not make actions that affect our rights and interests, resulting in unnecessary consequences. For more relevant knowledge, you can consult a lawyer!