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The general process is on-site treatment, accident responsibility identification, punishment, and organization of mediation: 1. On-site treatment 1. Maintain good road traffic order and organize the rescue of injured people; 2. Find the parties and witnesses of road traffic accidents, and control the suspects; 3. Investigate the scene of the accident, fix, extract or preserve the evidence at the scene; 4. If necessary, the vehicle involved in the accident and the relevant documents of the parties may be detained; 5. Make an appointment with the parties to deal with the accident. 2. The determination of responsibility for the accident shall be made within 10 days from the date of on-site investigation, and if the parties are not satisfied with the determination, they may apply to the traffic police department at a higher level for review within 3 days.
3. Punishment shall be made within five days of the date on which the road traffic accident determination is made, and the party shall be punished in accordance with law for the road traffic safety violation. 4. The mediation asks whether the parties are willing to mediate, and if they are willing to mediate, the maximum number of mediations is two, and the mediation is successfully prepared and served on the parties; and where they are unwilling to mediate, inform the parties to initiate a civil lawsuit in the people's court. Legal basis:
Provisions on Procedures for Handling Road Traffic Accidents》 Article 21 After the traffic police arrive at the scene of the accident, they shall immediately carry out the following work: (1) Demarcate the warning area, place luminous or reflective cones and warning signs at a safe distance, and determine a special person to be responsible for on-site traffic command and guidance, and maintain good road traffic order. If traffic is interrupted due to a road traffic accident or traffic control measures such as road closures need to be taken for on-site disposal or investigation, diversion shall also be organized in advance in the direction of traffic at the scene of the accident, and detour reminder signs shall be placed to avoid traffic jams; (2) Organizing the rescue of injured persons; (3) Directing investigation, ambulance and other vehicles to park in a location that is convenient for rescue and investigation, turn on the warning lights, and turn on the hazard warning flashing lights and marker lights at night; (4) Find the parties and witnesses in road traffic accidents, and control the suspects.
Article 47 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall make a road traffic accident identification certificate within 10 days from the date of on-site investigation. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within five days from the date on which the conclusion of the inspection or appraisal is determined.
In the event of a fatal accident, the traffic management department of the public security organ shall, before making a road traffic accident certificate, convene all parties to the scene and publicly investigate and obtain evidence. Evidence that witnesses request confidentiality or that involves state secrets, commercial secrets, or personal privacy must not be disclosed. If the parties are not present, the traffic management department of the public security organ shall be recorded.
Article 57 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall, within five days from the date of making the determination of the road traffic accident, punish the party for the road traffic safety violation in accordance with the law.
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According to the provisions of the "Measures for the Handling of Road Traffic Accidents" and the "Procedures for Handling Road Traffic Accidents", after the accident, the basic handling process is as follows:
1. On-site investigation.
1.After a traffic accident, if there is no person, the parties have no dispute about the facts and causes, or only minor property damage has been caused, and the basic facts are clear, they can negotiate to deal with the damage compensation and evacuate the scene. If there is a dispute over the facts and causes, the scene must be protected, and 122 must be quickly called to report to the traffic police.
If the vehicle is insured, the insurance company should be notified in time to go to the scene.
2.After receiving the instructions, the people's police on duty must quickly rush to the scene within the promised time and quickly dispose of the scene.
3.Conduct on-site investigation including on-site visits, photography, drawing, measurement, inquest and other series of work.
4.After the on-site investigation record is reviewed to be correct, the parties or witnesses shall be required to sign the on-site map.
5.For the purpose of inspection, the vehicle involved in the accident and the relevant documents of the parties may be detained when necessary.
6.Make an appointment with the person concerned to deal with the incident.
7.Post-mortem investigations must be conducted in accordance with the law, including inquiries (interrogations), trace extraction inspections, technical testing, damage assessments, and other necessary appraisals.
2. Determination of responsibility.
1.During the investigation phase, if necessary, the parties are summoned to the traffic accident center for a hearing.
2.After ascertaining the basic facts of the accident and collecting sufficient evidence, a determination of responsibility shall be made in accordance with the law in accordance with the prescribed time.
3.When announcing responsibility, all parties must be summoned to the meeting to explain the basic facts of the accident and the reasons and basis for determining responsibility.
4.Inform the parties of their rights and statute of limitations to apply for redetermination.
2.Fill in the penalty ruling form according to the punishment decision made by the leader.
3.The penalty verdict is announced to the person responsible.
4.Inform the parties of their rights and legal limitations to apply for administrative reconsideration.
5.Improve the procedures related to punishment.
6.Enforcement of penalties.
Four; Indemnity mediation.
Collect certificates, receipts, and other documents related to compensation for damages.
Within 10 days after receiving the letter of determination, all parties unanimously apply in writing for public security mediation, and after the mediation is successful, the "Mediation Document" shall be prepared and sent to the parties respectively.
If the mediation is unsuccessful, the application for mediation is not made to the public security organs, the application is overdue, and there are objections to the accident identification, inspection, or appraisal conclusions, a civil lawsuit may be filed with the people's court within the statutory limitation period.
5. Litigation settlement.
1. After receiving the letter of responsibility, if the traffic police do not prosecute within the time given by the traffic police, and no mediation opinion is reached, the traffic police will release the vehicle that caused the accident.
2. After receiving the letter of responsibility, the victim can file a lawsuit with the court, and at the same time, the other party's vehicle should be fully preserved and seized to ensure future enforcement. In particular, the injury is serious and requires hospitalization for a period of time, or surgery.
3. After the court files the case, it issues a "Notice of Assistance in Enforcement" to the traffic police department and seizes the vehicle.
4. If the court may constitute the need for disability evaluation, submit an application for appraisal to the court.
5. After the appraisal results come out, or after the appraisal is basically over, the court will hear and make a judgment.
6. The victim applies for enforcement.
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What is the process for dealing with a traffic accident?
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1) Report: When a traffic accident occurs, it should be reported to the traffic police and insurance company as soon as possible.
2) Liability and damage assessment: After the report, the traffic police department will determine the responsibility according to the specific circumstances of the vehicle accident and issue a "traffic accident identification letter", and the insurance company's loss assessor will also conduct a preliminary damage assessment for the vehicle at the scene, and issue a "motor vehicle insurance claim application".
1. How long is the traffic accident handling process?
The traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inquest and inspection of the scene. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be prepared within 5 days from the date on which the results of the inspection or appraisal are determined. If the parties have a dispute over the compensation for traffic accident damages, and all parties unanimously request the traffic management department of the public security organ to mediate the investigation and infiltration, they shall submit a written application for mediation within 10 days from the date of receipt of the traffic accident identification letter.
The time limit for the traffic management department of the public security organ to mediate the dispute over compensation for traffic accident damage is 10 days.
2. How long does it take to detain the car during the traffic accident handling process?
The traffic accident handling process detains the vehicle for 20 days, and the maximum time for detaining the accident vehicle shall not exceed 30 days. The impounded vehicle shall be properly kept.
Paragraphs 1 and 2 of Article 39 of the Provisions on Procedures for Handling Road Traffic Accidents stipulate that the traffic management department of the public security organ may detain the accident vehicle and issue a certificate of administrative compulsory measures for the purpose of collecting evidence. The impounded vehicle shall be properly kept.
The traffic management department of the public security organ shall not detain the goods contained in the accident vehicle. After verifying the weight, volume and loss of the goods, notify the driver of the motor vehicle or the owner of the goods to dispose of it by himself. Where there is no way to notify the parties or the parties do not handle it on their own, it is to be handled in accordance with the relevant provisions of the "Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs".
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May you be the soon**, you have to take good care of yourself without me by your side! This is my greatest wish.
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Legal analysis: 1. If the inspection, appraisal and evaluation institutions and personnel accept the assignment or entrustment of the traffic management department of the public security organ or the entrustment of the parties, they shall complete the inspection, appraisal and evaluation within the prescribed time limit. After the results of the inspection, appraisal and assessment are confirmed, a written conclusion shall be issued, which shall be signed by the person inspecting, appraising or assessing and affixed with the seal of the institution.
2. The traffic management department of the public security organ shall, within two days after receiving the inspection and appraisal results, hand over a copy of the inspection and appraisal conclusions to the parties. Legal basis: Article 17 of the "Provisions on Procedures for Handling Road Traffic Accidents" After receiving a road traffic accident report, it is necessary to send personnel to the scene to deal with it, or if it receives an order from the police Jingtong, the traffic management department of the public security organ shall immediately send the traffic police to the scene.
18th road traffic accident after the parties did not call the police, after the scene of the accident was removed, the parties and the police requested the traffic management department of the public security organs to deal with, the traffic management department of the public security organs shall be recorded in accordance with the provisions of article 16 of the record, and within three days to make a decision on whether to accept the case. After verifying the existence of a road traffic accident, the traffic management department of the public security organ shall accept it and make a registration form for accepting the case; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained.
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1. The public security organs accept or directly discover clues about traffic accidents.
2. Deal with the police. See if it can constitute a traffic accident. Whether it falls under the jurisdiction of the traffic police.
3. If the conditions are met, decide to file the case, 4. On-site inspection, questioning the parties and eyewitnesses. Assist medical institutions in rescuing witnesses, and notify the perpetrators and relevant insurance companies to advance rescue expenses in accordance with law.
5. Make an accident identification letter. If one party is not satisfied, it shall submit a reconsideration within three days, and the higher-level authority that made the accident determination shall review it in accordance with the law and make relevant determinations. Either maintain, or revoke.
If it is revoked, the original traffic accident handling department shall make a new determination of the accident according to the decision of the superior.
6. Mediation (not necessarily successful) inform the parties to file a lawsuit with the people's court in a timely manner. The handling of the public security procedure has been concluded.
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