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If the other party does not deal with it, you can deal with it according to the normal situation.
Steps to deal with the method.
The first scene of the accident should be protected, and the accident should be reported to the traffic management department at the place where the accident occurred in a timely manner, and the traffic management department should conduct the scene investigation of the accident. If you are determined to be responsible, you must report the case to the insurance company, regardless of the size of the responsibility; If it is determined that you are not responsible, you do not have to report the case to the insurance company. This will determine whether you will be able to renew your policy next year.
Report the case in a timely manner. Bring your insurance policy, driving license and driver's license (if it is detained, you don't need to bring it), drive the damaged car to your insurance company, fill out the "Vehicle Insurance Registration Form" and "Insurance Notice" at the claims department, and assist the insurance claims adjuster to check the insured vehicle.
Damage assessment. Take the "Vehicle Accident Registration Form" to the damage assessor of the claims department, and determine the repair items and repair costs. After the damage assessment, you will be given a "Loss Assessment Form", be sure to pay attention to:
1. Don't omit repairs; 2. Note that the repair cost should not be set too low, in case the car is not enough.
Car repairs. When you send the car, you should take the "Damage Assessment Form" and hand it over to the repair shop along with the car. The repair shop will repair the car in accordance with the items specified in the "Damage Assessment".
After the car is repaired, pay the repair fee with the "bill of lading" and take your car back, and at the same time ask for the repair invoice stamped with the official seal of the repair shop, the "repair order", "construction order" and "material list".
Issuance of accident certificates. Take the repair invoice of the other party's car and go to the traffic police team to close the case with the owner of the other party, and get an "accident certificate" with the official seal, and you can get back the documents you were detained.
Submit documents. Prepare the "Notice of Insurance", "Damage Assessment Form", "Car Repair Invoice", "Repair Order", "Construction Order", "Material Bill", "Accident Certificate" and "Compensation Settlement Statement" to the Claims Department of the insurance company, and you can wait to receive the compensation.
Receiving compensation. After about a week, you will receive a notice from the insurance company to receive the claim, and you will be able to collect the claim with your official seal, identity certificate and "Vehicle Accident Registration Form". When you come back from your trip, you should also take your car to the garage for a service.
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1. Where to get the accident certificate first, the certificate of traffic accident handled in accordance with the general procedure does not need to be signed by the parties.
2. The insurance company's claim must be mediated. What is the vehicle loss? You can negotiate with the other party like this: both parties bear their own losses, and if both parties can accept it, then you can go to the traffic police department to make a mediation letter.
3. If it doesn't work, you can only take the accident certificate to the court to sue, and the court's judgment is enforceable.
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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.
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Contact the traffic police, keep the evidence, etc., and wait for the traffic police to deal with it.
Article 133 of the Criminal Law on Bridges, where a major accident occurs as a result of violating traffic and transportation management regulations, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
The occurrence of a major traffic accident refers to one of the following circumstances:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing the responsibility for the accident or being the main responsibility, and being unable to compensate for the amount of 300,000 yuan or more.
General violations of traffic and transportation management regulations shall be punished with demerit points and fines.
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Legal analysis: How to deal with traffic accidents that have not been handled: 1. You can negotiate with the other party first, or reach an agreement through mediation by the public security organs.
2. If the injured person is unwilling to deal with it, it is okay to deal with it according to the normal situation, and report insurance and damage assessment in time. 3. If the party responsible for the accident is unwilling to deal with it, you can take the responsibility of the Yu Damin book, the list of losses and other materials to the court to sue the other car owner and the insurance company. If the other party still fails to perform after filing a lawsuit or pronouncing a judgment on compensation, it may apply to the court for compulsory enforcement.
Legal basis: Road Traffic Safety Law of the People's Republic of China Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the person concerned may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.
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Falsifying traffic accidents refers to the act of faking traffic accidents and faking the scene to defraud insurance money by faking traffic accidents that did not occur. There was no traffic accident in the first place, so I went to create one myself; Or after a traffic accident occurs, moving the vehicle or modifying the scene for the purpose of evading legal responsibility is a forgery of the traffic accident scene. According to the provisions of the Insurance Law of the People's Republic of China and other relevant laws and regulations, if the policyholder, the insured or the beneficiary commits any of the following acts, and the insurance fraud activities do not constitute a crime, they shall be given administrative punishment in accordance with the law: >>>More
After a traffic accident occurs, if the party responsible for the accident refuses to bear the liability for compensation, the injured party may file a civil lawsuit to protect its rights. >>>More
Of course, it may not be possible to inspect the year, so let's deal with it quickly.
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