Answer:

1. Handling Procedures

(1) The parties shall handle the traffic accident by themselves

For the following traffic accidents, the parties shall You should evacuate the scene first, and then negotiate on your own to handle damage compensation matters.

1. A property damage accident occurs between a motor vehicle and a motor vehicle, or between a motor vehicle and a non-motor vehicle, and the parties have no dispute over the facts and causes.

2. When a property damage accident occurs between a non-motor vehicle and a non-motor vehicle or a pedestrian, the basic facts and causes are clear.

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If the parties reach an agreement through negotiation on their own, they must fill in the Road Traffic Accident Damage Compensation Agreement and sign it. The content of the damage compensation agreement includes the time, place, weather, name of the parties involved, motor vehicle driving license number, contact information, motor vehicle type and license plate, insurance certificate number, accident form, collision location, liability for compensation, etc.

(2) The traffic police apply simplified procedures to deal with road traffic accidents

1. Personnel handling the accident

If simplified procedures are applied, one person may Traffic police handle.

2. On-site disposal

When the traffic police apply simplified procedures to handle road traffic accidents, they should order the parties involved to evacuate the scene and resume traffic after fixing the on-site evidence. Those who refuse to evacuate the scene will be forced to evacuate; if the parties cannot move the vehicle on their own, the traffic police should move the vehicle to a location that does not obstruct traffic.

3. Identification of traffic accidents

After leaving the scene, the traffic police should identify and record the time, place, and location of the road traffic accident based on the evidence fixed at the scene and the narratives of the parties and witnesses, etc. Weather, name of the parties, motor vehicle driving license number, contact information, type and license plate of the motor vehicle, insurance certificate number, traffic accident form, collision location, etc., and based on the role of the party's behavior in the road traffic accident and the number of faults The severity of the accident shall be determined, the responsibility of the parties involved shall be determined, and a road traffic accident determination letter shall be prepared and signed by the parties involved.

4. Compensation mediation

If the parties *** agree to request mediation, the traffic police shall conduct mediation on the spot and record the mediation results in a road traffic accident determination letter signed by the parties. delivered to the parties.

Mediation is not applicable in any of the following situations. The traffic police may hand over the road traffic accident determination letter to the parties after stating the relevant circumstances in the road traffic accident determination letter:

(1) The parties have objections to the determination of the road traffic accident;

(2) The parties refuse to sign the road traffic accident determination form;

(3) The parties do not agree to mediation .

2. Processing steps

1. Accept the report

After receiving the report from the party or other person, the public security and traffic management department will file the case according to the jurisdiction.

2. On-site processing

After accepting the case, the public security and traffic management department immediately sent personnel to the scene to rescue the injured and property, investigate the scene, and collect evidence.

3. Responsibility determination

On the basis of ascertaining the facts of the traffic accident, the public security and traffic management department shall determine the cause and effect of the traffic accident party’s illegal behavior and the size of the traffic accident. The liability of the parties involved in the traffic accident is determined.

4. Adjudication and punishment

The public security and traffic management department shall, in accordance with relevant regulations, give warnings, fines, suspensions, revoking of driving licenses, or detention to the person responsible for the accident.

5. Damage compensation mediation

Compensation for personal injuries, deaths and economic losses caused by traffic accidents shall be based on relevant regulations and compensation standards, and the corresponding compensation proportions shall be divided according to the accident liability. The public security and traffic management department shall convene both parties for mediation. Both parties agree to reach an agreement, and the accident mediator will prepare and issue a damage compensation mediation letter.

6. Sue in court

If the mediation between the two parties fails within the statutory time limit, the public security and traffic management department will terminate the mediation and issue a mediation termination letter, and the parties will file a civil lawsuit in court. litigation. .

Legal basis

Procedures for handling road traffic accidents:

Article 4 The investigation and handling of road traffic accidents shall be the responsibility of the traffic management department of the public security organ.

Property damage accidents can be handled by the parties themselves through negotiation, unless otherwise provided by laws, regulations and these regulations.

Article 13 If a death or injury accident occurs, or a property damage accident occurs and one of the following circumstances occurs, the party concerned shall protect the scene and call the police immediately:

(1) ) The driver does not have a valid motor vehicle driving license or the motor vehicle he drives does not match the permitted driving type stated on the driving license;

(2) The driver drinks alcohol, takes state-controlled psychotropic drugs or narcotic drugs Suspected;

(3) The driver is suspected of being engaged in school bus business or passenger transport, seriously exceeding the rated capacity of carrying passengers, or seriously exceeding the prescribed speed;

(4) Aircraft The train does not have a license plate or uses a forged or altered license plate;

(5) The party cannot move the vehicle on its own;

(6) One party leaves the scene;

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(7) There is evidence to prove that the accident was caused intentionally by one party.

Drivers must, under the principle of ensuring safety, immediately organize the evacuation of passengers on the vehicle to a safe location off the road to avoid secondary accidents. If the driver has died or been injured due to a road traffic accident and is unable to move, other people in the vehicle should organize their own evacuation.

Article 16: When the public security organs and their traffic management departments receive an alarm, they shall accept the case, prepare a case acceptance registration form and record the following contents:

(1) Method and time of alarm , the name and contact information of the person who called the police, and if the police call the police, the alarm phone number should also be recorded;

(2) The time and place where the road traffic accident occurred or was discovered;

(3) Personnel Casualties;

(4) Vehicle type, vehicle license plate number, whether it contains dangerous goods and the type of dangerous goods, whether there is a leak, etc.;

(5) Suspected traffic accident In case of escaping, the vehicle type, color, characteristics and escape direction, the physical characteristics of the escaping driver and other relevant information should also be inquired and recorded.

If the person who calls the police does not report his or her name, it shall be recorded in the record. If the person who calls the police does not want his name to be made public, he should keep it confidential.

Article 23 The traffic management department of the public security organ may apply simplified procedures to handle the following road traffic accidents, except those suspected of causing traffic accidents or dangerous driving crimes:

(1) Property Loss accidents;

(2) Injury accidents in which the injured party’s injuries are minor and all parties agree to apply simplified procedures.

If simplified procedures apply, it can be handled by a traffic police officer.

Article 84 The parties may adopt the following methods to resolve disputes over road traffic accident damage compensation:

(1) Apply to the People’s Mediation Committee for mediation;

(2) ) Apply for mediation by the traffic management department of the public security organ;

(3) File a civil lawsuit with the People’s Court.

Article 85: The parties apply for mediation by the People’s Mediation Committee. After reaching a mediation agreement, if both parties deem it necessary, they may mediate in the same direction in accordance with the People’s Mediation Law of the People’s Republic of China and the People’s Republic of China. The People's Court applied for judicial confirmation.

If the parties apply for mediation by the People's Mediation Committee and fail to reach an agreement during the mediation, the parties may directly file a civil lawsuit with the People's Court, or unanimously apply in writing to the public security organ for transportation within three days from the date the People's Mediation Committee terminates the mediation. Management mediates.

Article 86 If the parties apply for mediation by the traffic management department of the public security organ, they shall maintain the original road traffic accident status after receiving the road traffic accident identification letter, the road traffic accident certificate, or the traffic management department of the public security organ at the next higher level. A unanimous written application must be made within ten days from the date of the determined review conclusion.

The parties apply to the traffic management department of the public security organ for mediation. If no agreement is reached during mediation, the parties may file a civil lawsuit with the People's Court in accordance with the law, or apply to the People's Mediation Committee for mediation.

Article 87 The traffic management department of the public security organ shall conduct road traffic accident damage compensation mediation in accordance with the principles of legality, fairness, voluntariness and timeliness.

Road traffic accident damage compensation mediation shall be conducted publicly, except where the parties apply not to be made public.

Article 88 The traffic management department of the public security organ shall agree on the time and place of mediation with the parties, and notify the parties three days before the mediation time. If the notice is given verbally, it shall be recorded in the mediation record.

If a mediation participant is unable to participate in the mediation as scheduled for some reason, he or she shall notify the hosting traffic police officer one day before the scheduled mediation time and request a change in the mediation time.

Article 89 Personnel participating in damage compensation mediation include:

(1) Road traffic accident parties and their agents;

(2) Road traffic accident The owner or manager of the vehicle involved in the traffic accident;

(3) Personnel of the insurance company underwriting motor vehicle insurance;

(4) Other personnel deemed necessary by the traffic management department of the public security organ to participate .

The authorized agent shall issue a power of attorney signed or sealed by the principal. The power of attorney shall specify the entrusted matters and authority.

The number of persons participating in the damage compensation mediation shall not exceed three persons per party.

Article 90: After accepting the application for mediation, the traffic management department of the public security organ shall start mediation according to the following prescribed dates:

(1) If a person is killed, funeral matters shall be handled according to the prescribed date From the date the time ends;

(2) If someone is injured, the treatment will start from the date the treatment ends;

(3) If the injury results in disability, the treatment will start from the date the disability is determined ;

(4) If property damage is caused, the damage shall start from the date when the loss is determined.

When the traffic management department of the public security organ accepts the mediation application, the time specified in the preceding paragraph has exceeded, and the mediation will begin from the date of acceptance of the mediation application.

The traffic management department of the public security organ shall prepare a road traffic accident damage compensation mediation letter or a road traffic accident damage compensation mediation termination letter within ten days from the date of the start of mediation.

Article 91 The traffic police shall mediate compensation for road traffic accident damages in accordance with the following procedures:

(1) Inform all parties of their rights and obligations;

(2) Hear the requests and reasons of all parties;

(3) Based on the facts determined in the road traffic accident determination document and the 76th Road Traffic Safety Law of the People's Republic of China Determine the liability for damages borne by the parties in accordance with the provisions of this Article;

(4) Calculate the amount of damages and determine the proportions borne by each party. The standards for compensation for personal damages shall be in accordance with the "People's Republic of China and the People's Republic of China" The Tort Liability Law, the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases, the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Road Traffic Accident Damage Compensation Cases, and other relevant provisions shall be implemented, and the cost of repairing property damage shall be implemented. , The discounted compensation fee is calculated according to the actual value or the evaluation conclusion of the evaluation agency;

(5) Determine the method and period of compensation performance.

Article 92: If a disability assessment or property loss assessment is required to determine the amount of damage compensation, the parties shall negotiate and determine a qualified institution to conduct it. However, if the amount of property loss is huge, it is suspected of a criminal offence. , entrusted by the traffic management department of the public security organ.

The costs of disability assessment and property loss assessment entrusted by the parties shall be borne by the parties.