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In the event of a traffic accident, the following process is generally followed.
Stop immediately: After stopping, tighten the hand brake, cut off the power supply, and turn on the hazard warning flashing lights. If it is at night, it is necessary to open wide lights and tail lights. If you are on a highway, you need to set up a hazard warning sign behind the car according to the regulations.
Promptly report the case: The parties should promptly report the time, place, vehicle and situation of the accident to the nearest public security organ or police on duty.
At the same time, you can also call for help and help from nearby medical units and emergency centers (medical emergency help**: 120 or 110). If a fire breaks out at the scene, it should also be reported to the fire department (Fire SOS**:
119 or 110).
Protect the site: protect the original state of the site, in which vehicles, personnel, livestock, traces and scattered objects cannot be moved at will. In order to rescue the injured, their original location should be marked, and the scene must not be deliberately damaged or falsified.
Before the police arrive, the parties can use ropes and other means to set up a cordon to protect the scene.
Timely rescue: When the injured person's injury is confirmed, those who can take emergency rescue measures should do their best to rescue and try to send them to a nearby hospital for rescue**. Except for those who are not injured or have minor injuries but refuse to go to the hospital for diagnosis, they can generally stop passing vehicles or notify the emergency department or the hospital to send an ambulance to come to the rescue.
The items at the scene or the victim's money should be properly kept to prevent theft and robbery.
Fire and explosion prevention: The party should first turn off the engine of the vehicle to eliminate the fire hazard, and smoking is prohibited on site. In the event of an accident involving a vehicle carrying dangerous goods, take precautions in addition to reporting** the situation to the firefighters.
Assist in collecting evidence: The parties must truthfully state the incident to the public security traffic management authority, and shall not conceal the true situation of the traffic accident. They should actively cooperate with and assist the police in dealing with the aftermath and wait for the aftermath to be dealt with.
Insured vehicles and persons are also required to report to the insurance company within 48 hours.
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In the event of a traffic accident, be sure to pay attention to the following points.
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1. After a traffic accident occurs, you should call the police in time and try not to go private. 2. If you are not satisfied with the traffic accident certificate issued by the police department, you cannot ask the traffic police department to re-identify it, nor can you file an administrative reconsideration or administrative lawsuit on it, and the only solution is to file a civil lawsuit with the people's court, provide evidence of the accident, overturn the traffic accident certificate, and the people's court will re-divide the accident responsibilities of both parties according to the facts of the traffic accident. 3. Under the auspices of the traffic police department, if one of the parties repents of the mediation agreement reached by the two parties, they can still file a civil lawsuit with the people's court to request compensation in accordance with the law, instead of saying that the mediation agreement must be performed after signing the agreement.
4. When the parties file a lawsuit, the defendant should be correctly determined. In judicial practice, the driver of the vehicle, the owner of the vehicle, and the insurance company of the vehicle with third-party liability insurance can all become defendants. The correct identification of the defendant is an important factor in determining whether full compensation can actually be obtained.
5. Personal injury caused by traffic accidents, and the medical expenses during hospitalization are generally settled by the parties through negotiation first, and if the negotiation fails, the amount can be collapsed to apply for enforcement in the lawsuit. 6. Preserve relevant evidence. In the event of a traffic accident, you should get in touch with a lawyer as soon as possible, and entrust a lawyer to claim compensation, which may achieve twice the result with half the effort.
It is similar to the writing of the civil complaint, there is not much attention to the format, the key is the content, the disadvantage for you is that your car only has compulsory traffic insurance, and the property loss is only 2000, if the other party spends 1w to repair the car, then you have to bear 4000. Your car costs 1w, and the other party also has to bear 4000, and if the other party has commercial insurance, they can be reimbursed. >>>More
No, but it should be compensated.
The victim suffers personal injury, various expenses incurred due to medical treatment**, and the income lost due to lost work, including medical expenses (according to the receipt vouchers issued by medical institutions, hospitalization fees, etc.), lost work expenses (if the victim has a fixed income, the lost work expenses are calculated according to the actual reduced income.) If the victim has no regular income, it is to be calculated on the basis of his average income in the last three years), nursing expenses (calculated with reference to the labor remuneration standards for local nurses engaged in the same level of care), transportation and accommodation expenses (based on official bills), hospital meal allowance (refer to the standard of food allowance for general staff of local state organs on business trips), and necessary nutrition expenses (to be determined with reference to the opinions of medical institutions). >>>More
Compulsory traffic insurance must be purchased, and ordinary commercial insurance can freely choose whether to buy it. If you don't buy compulsory traffic insurance, if the traffic police find it, one is to detain the car, the other is to pay the compulsory traffic insurance, and the third is to double the compulsory traffic insurance premium. >>>More
First of all, from the perspective of tort liability, if there is no evidence to prove that you are at fault for renting the car, your friend will be fully responsible for the compensation. It is definitely wrong for the traffic police force to ask for a deposit of 40,000 yuan, and you can complain to its leaders. If the injured person has not sued for half a year, whether the court will notify the selected appraisal agency, if not, the injured person should withdraw the lawsuit and re-sue after the disability evaluation. >>>More
1. Motor vehicles should pay attention to the safety of non-motorized vehicles and pedestrians at night, as long as pedestrians are passing within one meter, there is no responsibility. The determination of responsibility for the accident is the accident handling department, and the evidence that should be collected will naturally have to be collected, and it is estimated that you will not be able to help much. >>>More