Hurry!!! General procedures for handling traffic accidents

Traffic accidents often involve the issue of compensation, if both parties are willing to negotiate at this time, then the traffic police department can apply for mediation for damages, according to the relevant provisions of the traffic law, traffic accident damage compensation rights and obligors unanimously request the traffic police department to mediate damages, can be received within 10 days from the date of receipt of the traffic accident to the traffic police department to submit a written application for mediation. It should be noted that the mediation compensation by the traffic police department is not a necessary procedure for the dispute resolution of both parties to the traffic accident, this is only the work within the scope of duties, whether to agree to mediation is decided by the parties themselves, so that it is not only easy for the parties to accept, but also relatively smooth when performing the mediation agreement, if one of the parties does not perform, the other party can file a lawsuit with the court. Of course, in the case of a dispute over compensation for traffic accident damages, the parties can request the traffic police department to mediate, or they can directly file a civil lawsuit with the court.

Legal basis: Article 74 of the Traffic Safety Law of the People's Republic of China In the case of a dispute over compensation for traffic accident damages, the parties may request the traffic management department of the public security organ to mediate, or they may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

In the absence of liability, it is best not to pay any fees without authorization, otherwise once it is determined that you are not responsible or the responsibility is light. It's hard to get back the overpayment.

The accident certificate of the traffic police is only one kind of evidence in a civil lawsuit! It is no longer the natural basis for the courts to hear cases. Based on the facts proved by the parties, the court may make a judgment based on different proportions of responsibility!

The traffic management department of the security organ shall make a traffic accident identification document within 10 days from the date of the investigation of the scene of the traffic accident after the investigation and inspection of the scene. In the case of a traffic hit-and-run, a traffic accident identification certificate shall be drafted within 10 days of the seizure of the traffic hit-and-run person and vehicle. If it is necessary to conduct inspection or appraisal, a traffic accident identification document shall be made within five days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed!

After the traffic accident, the photos and hand-drawn drawings of the traffic police shall prevail; The accident certificate shall not exceed 20 working days; If it is severe, it may take a little longer.

Rest assured, fatal accidents, the general traffic police dare not be unfair,

When handling a traffic accident, the public security organ shall, after ascertaining the cause of the traffic accident, determining responsibility for the traffic accident, and determining the circumstances of the losses caused by the traffic accident, convene the parties and relevant personnel to mediate the compensation for damages. The time limit for mediation of damages is 30 days, and the public security organs may extend it for 15 days if they deem it necessary. For injuries caused by traffic accidents, mediation begins from the date of termination or disability; In the case of death caused by a traffic accident, mediation shall commence from the date of the end of the prescribed time for handling funeral matters; If the traffic accident only causes property damage, the mediation shall commence from the date on which the damage is determined.

Where an agreement is reached through mediation, the public security organs shall draft a mediation document, which shall be signed by the parties, relevant personnel, and mediators, and shall take effect immediately after affixing the public security organ's seal. The public security organs shall send the mediation documents to the parties and relevant persons respectively. Where no agreement is reached after the completion of the mediation period, the public security organs shall draft a written conclusion of mediation, which shall be signed by the mediator, affixed with the seal of the public security organs, and sent to the parties and relevant personnel.

If no agreement is reached through mediation or either party fails to perform after the mediation agreement takes effect, the public security organs will not mediate, and the parties may file a civil lawsuit in the people's court.

Hello, if your side is a simple accident and the situation is not complicated, the traffic police can issue a responsibility determination on the spot. However, if it is necessary to obtain monitoring or on-site analysis, the accident certificate will be issued within 10 days.

According to Article 62 of our country's "Regulations 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. Article 65:

The road traffic accident determination shall be sent to the parties within 3 days of being drafted, and the right and time limit for applying for review, mediation, and initiating civil litigation shall be informed.

Question: My mother was involved in a traffic accident on the night of September 16, and she has not yet issued a certificate.

Answer: Of course, if you have not received the letter of responsibility, it is best to confirm the situation with the traffic police team responsible for handling the accident as soon as possible to see if there is any problem.

The other party was drunk driving and had an alcohol content of 113

Answer: As far as drunk driving is concerned, China's standards for drunk driving are based on the provisions of the "Threshold and Inspection of Blood and Breath Alcohol Content of Vehicle Drivers" issued by the National Quality Supervision, Inspection and Quarantine Bureau, that is, if the driver's blood alcohol content per 100 ml is greater than or equal to 20 mg, and the blood alcohol content per 100 ml is less than 80 mg, it is driving after drinking. But if it is exceeded, it is likely to be drunk driving.

Question: The perpetrator has not been detained.

My mom is in a coma right now.

The question has been determined to be drunk driving, why is the certificate of identification, delayed, and not detained.

If you think that the responsibility of the traffic police is inconsistent with what happened to you or you think that the division of responsibility is incorrect, you can apply to the corresponding traffic police team for administrative review within 3 days of receiving the responsibility determination.

Because the statute of limitations for the determination of traffic accident liability is only 3 days, that is, if you forget it, you will not be able to appeal after three days.

What is the process for dealing with a traffic accident?

1. The scene of the accident.

1) When a traffic accident occurs, the owner must turn on the vehicle's hazard warning lights as soon as possible, and set up a hazard warning sign behind the car. The advantage of this is to prevent a rear-end collision with a vehicle behind you, so as to ensure the safety of the people in the car and the vehicle itself.

2) In addition to setting up warning signs, it is necessary to take pictures of the scene of the accident for evidence, which is the evidence of the accident to the insurance company, and the method of taking pictures before moving the vehicle is mainly to avoid the owner not recognizing the problem. Then fill in the corresponding accident rapid processing agreement, so that you can go to the damage assessment agency for vehicle damage assessment, so as to complete the corresponding maintenance and inspection work.

2. Stop immediately.

Stop the car as soon as it is safe to do so, turn off the engine (to avoid the car**) and turn on the emergency lights to make them shine; Immediately write down the license plate of the other person's car (pen and paper, or even a camera should be on hand at all times) in case the other person drives away after an accident.

3. Issue a warning.

Protect the site; Warning other vehicles and lighting hazard warning lights; Place triangular warning signs on the road; If necessary, use other methods to warn.

4. Nursing the wounded.

Never move the injured person unless they are in danger (e.g., fire, toxic leakage) as your movement may cause more damage. If the injured person is still breathing and bleeding is not much, no one else should do anything unless they really know how to care for the injured person. Do not give any food or drink to the injured person.

5. Prevent danger.

Turn off the engines of all vehicles involved in the accident; No smoking; Beware of other flammable items; Prevent fuel leakage as much as possible; Beware of dangerous goods and prevent the accumulation of dangerous liquids, dust, and gases.

In the event of a traffic accident, the parties should keep the scene and call the police, call 120 (send to the hospital**) to treat the injured in a timely manner, and drive a motor vehicle on the road to have the principle of giving way, slowing down and stopping first.

Hello, to the problem you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

First of all, we don't need to discuss the division of responsibility here, since the traffic police have issued an accident identification letter, the overall situation is basically decided, if the responsibility is so easy to overturn, it is estimated that the traffic police force will not be so identified.

First of all, the other party has to bear 11w death compensation within the scope of compulsory traffic insurance, and the part exceeding 11w is apportioned according to the responsibility.