1. The traffic administrative department of the public security organ shall make a traffic accident confirmation within 1 days from the date of exploring the site for the traffic accident that has passed the inquest and inspection. If it is necessary to carry out inspection and appraisal, a traffic accident certificate shall be made within 5 days from the date when the inspection and appraisal results are determined.
2. If the parties are in dispute over the compensation for traffic accident damage and all parties unanimously request the traffic administrative department of the public security organ for mediation, they shall submit a written mediation application within 1 days from the date of receiving the traffic accident confirmation.
3. The time limit for the traffic administrative department of the public security organ to mediate the dispute over compensation for traffic accident damage is 1 days.
if a traffic accident happens, you can choose whether to negotiate or report to the police according to the severity of the accident.
1. Self-negotiation:
If there is a traffic accident and the accident is minor, both parties can choose to handle it through self-negotiation. The process is as follows:
1. Stop the car immediately after the accident, turn on the double flashing, and set up a triangle warning sign at a reasonable position behind the car after confirming safety;
2. Check the losses in the accident. If the other vehicle is only slightly scratched or collided, the loss value of the vehicle is not high, and no one is injured. Then the basic judgment can take the rapid treatment process of minor accidents;
3. Negotiate with the other party to take the rapid handling process of traffic accidents, and then check each other's procedures-carefully check the driver's license, driving license, compulsory insurance policy or compulsory insurance sign;
4. Both parties shall decide their own responsibilities and take photos on the spot to facilitate later claims settlement;
5. Take photos of the accident scene. Generally, take three photos of the accident: one at the front of the car and one at the rear of the car, and one at the collision contact position of the vehicle. Just to be on the safe side, take a panoramic view of the accident at a farther position before and after, and remember that the photos should show the license plates of both vehicles. After taking the photo, you can move the car and drive the car to a position that does not affect the traffic;
6. Fill in the quick handling book, and write down the accident situation, information of both parties, time and place, etc.
7. If the other party has auto insurance, he can directly call the other party's insurance company to ask for damage assessment, repair the car after damage assessment, and keep the damage assessment sheet, maintenance invoice, maintenance list, etc., and ask the insurance company to pay compensation within its liability limit. The specific process is as follows:
(1) Submit materials: submit the accident certificate, driver's license, ID card, vehicle insurance certificate and relevant information of the driver to our insurance company;
(2) Fixed-loss repair: repair the car at more than Class II repair points according to the repair items determined by the insurance company;
(3) Waiting for reconsideration: the reconsideration time is 15 days;
(4) insurance compensation: after the vehicle is repaired, you should pay the maintenance fee first, and then go to the company's claim point where your vehicle is insured for reimbursement;
(5) cooperation in testifying: cooperate with insurance companies and relevant departments to investigate the perpetrators. Close the case after obtaining compensation from the perpetrator through legal channels.
2. Alarm handling:
If there is a traffic accident, which is serious or the two parties can't reach an agreement through consultation, both parties can choose alarm handling. The process is as follows:
1. Stop the car immediately after the accident, turn on the double flashing, and set up a triangle warning sign at a reasonable position behind the car after confirming safety;
2. In case of personal injury or death, the driver of the vehicle should immediately rescue the injured person, and then check the losses in the accident;
3. If negotiation cannot be reached with the other party, or if the accident is serious, call the police in time and wait for the police to be on the scene. If the vehicle is insured, call the insurance company in time;
4. After the insurance company is present for on-site inspection, and the traffic police should order the parties to evacuate the scene and resume traffic after fixing the evidence on the spot; Refuse to leave the scene, be forced to evacuate; If the parties are unable to move the vehicle in time, which will affect the traffic and traffic safety, the traffic police shall move the vehicle to a place that does not hinder the traffic;
5. After leaving the scene, the traffic police shall identify and record the time, place, weather, name, driver's license number or ID number, contact information, motor vehicle type and license plate number, insurance company, insurance certificate number, road traffic accident form, collision location, etc. of the road traffic accident, and determine the responsibilities of the parties according to Article 6 of the Provisions on Procedures for Handling Road Traffic Accidents. Do not have the conditions to make on the spot, the traffic police shall make a road traffic accident confirmation within three days;
6. Penalty decision:
(1) Administrative penalties for parties who violate the law in traffic accidents include warning, fine, suspension or revocation of motor vehicle driving license and administrative detention.
(2) The traffic administrative department of the public security organ shall, within 5 days from the date of making the determination of the road traffic accident, punish the illegal acts of road traffic safety of the parties concerned according to law.
(3) If a traffic accident constitutes a crime and the driver's motor vehicle driver's license should be revoked according to law, the traffic administrative department of the municipal public security organ with districts shall revoke the motor vehicle driver's license according to law after the people's court makes a guilty verdict; At the same time, if there is an escape situation, a decision shall be made in accordance with the law that the motor vehicle driver's license shall not be re-obtained for life.
(4) If a party disagrees with the punishment, it may file an administrative reconsideration.
7. If you have auto insurance, you can repair the car after the insurance company determines the damage, and keep the loss list, maintenance invoice, maintenance list, etc., and ask the insurance company to pay compensation within its liability limit:
(1) Compulsory insurance:
① When the insured is responsible, the compensation limit for death and disability is 18, yuan; The compensation limit for medical expenses is 18, yuan; The compensation limit for property losses is 2 yuan;
② When the insured has no responsibility, the compensation limit for death and disability without responsibility is 18, yuan; No liability medical expenses compensation limit is 18 yuan; The compensation limit for the loss of irresponsible property is 1 yuan.
(2) Commercial insurance:
The proportion of compensation for commercial insurance in traffic accidents is not clearly defined, and there are many types of commercial insurance. The compensation standard, compensation scope and compensation object of different commercial auto insurance are different. In the event of a traffic accident, the insurance company that underwrites the compulsory insurance shall make compensation within the limit of liability, and the insurance company that underwrites the commercial third-party insurance shall make compensation according to the insurance contract. If there is still a shortage, the responsible person shall bear it in proportion to the responsibilities of both parties.
8. If the parties * * * request mediation, the traffic police shall conduct mediation on the spot, and record the mediation results on the road traffic accident certificate, which shall be signed by the parties and served on them; The process of mediation by the traffic administrative department of the public security organ:
(1) Apply for mediation.
to apply for mediation to the traffic police department, both parties shall reach an agreement through consultation, and both parties shall submit a written application for mediation. The time limit for filing an application for mediation is ten days, counting from the date of receiving the confirmation of road traffic accidents or the review conclusion of maintaining the original confirmation of road traffic accidents by the traffic department at the next higher level.
(2) Audit The traffic administrative department of the public security organ shall audit the "application for mediation of traffic accident damage compensation" of the parties to the traffic accident.
(3) The parties shall determine the time and place of mediation.
for a traffic accident with the start time of mediation, the traffic administrative department of the public security organ shall agree with the parties on the time and place of mediation, and notify the parties three days before the mediation time.
(4) mediation.
mediation shall be conducted in an open manner, and the time of mediation shall be announced in advance, and observers are allowed during mediation, unless the parties request that it not be made public.
if an agreement is reached through mediation, a conciliation statement for road traffic accident damage compensation will be made on the spot, signed by all parties, and delivered to all parties respectively. The conciliation statement will take effect after being signed by all parties. If no agreement can be reached through mediation, the mediation shall be terminated, and a conclusion of mediation for road traffic accident damage compensation shall be made and served on all parties.
9. after mediation by the traffic administrative department of the public security organ, if the parties fail to reach an agreement or fail to perform the mediation after it takes effect, the parties may bring a civil lawsuit to the people's court. The process of prosecution:
(1) filing a case, in which the victim submits a complaint and related materials to the court with jurisdiction, including:
① identification of the injured person;
② traffic accident responsibility confirmation;
③ receipts, medical records and diagnosis certificates for medical expenses and hospitalization expenses issued by medical institutions;
④ proof of lost time issued by medical institutions and proof of income issued by work units;
⑤ official bills used to prove the transportation expenses;
⑥ household registration certificate of the victim and his close relatives. If the victim is a rural household registration, it is best to provide proof that he has lived in the town for more than one year at the time of the traffic accident and has a fixed income;
⑦ proof of the victim's incapacity or disability;
8. Proof that the dependents and the victims are close relatives, and proof that the dependents are minors or have lost the ability to work and have no other source of income;
pet-name ruby provide other materials as appropriate.
(2) Pre-trial preparation: the court will serve the defendant with a copy of the civil complaint, the notice of responding to the lawsuit and the plaintiff's evidence materials within 5 days from the date of filing the case, and the defendant will put forward a defense opinion within 15 days after receiving the civil complaint, and the court will serve it to the plaintiff after receiving the defense opinion;
(3) When hearing the case, the secretary shall find out the court appearance and announce the court discipline, and the presiding judge shall check the parties' situation, announce the cause of action, the list of judges and clerks, inform the litigation rights and obligations, and ask whether to apply for withdrawal;
(4) Judgment. After the case is tried, the judges will evaluate the case and make a judgment according to the situation found in the trial and the evidence provided by all parties.
According to Article 62 of the Provisions on Procedures for Handling Road Traffic Accidents, the traffic administrative department of the public security organ shall make a road traffic accident confirmation within 1 days from the date of on-site investigation. In the case of hit-and-run traffic accident, a road traffic accident confirmation letter shall be made within ten days after the vehicle and driver involved in the traffic accident are seized. If it is necessary to carry out inspection and appraisal, a road traffic accident certificate shall be made within five days from the date when the inspection report and appraisal opinion are determined.
The traffic administrative department of the local public security organ can publish the confirmation of road traffic accidents on the Internet on a trial basis, but the state secrets, business secrets or personal privacy involved should be kept confidential.