Whether the traffic accident mediation procedure and mediation results are unreasonable

About the traffic accident mediation procedure:

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. Expiration of the mediation period.

If no agreement is reached later, 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 persons respectively.

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.

First of all, the traffic police are not obliged to do mediation work for you, the mediation is carried out on the written request of both of you;

Secondly, your traffic accident is a summary procedure, and the traffic police, as a quick handling of the traffic accident, carried out it with the consent of both of you, without violating any regulations, let alone being unreasonable.

As a party to a traffic accident, you must first be responsible for yourself, and if you feel that you really need to seek medical attention, you must go to the hospital for an examination as soon as possible in order to make the most reasonable claim. Second: you have to assess your own losses and the actual situation, you are driving without a license, an uninsured motorcycle, if the other party or the traffic police hold you accountable for these two responsibilities, both are serious violations, you are not in serious trouble, the other party has paid you enough medical expenses, in strict accordance with the provisions of the lost work expenses will only arise during hospitalization;

In the end, I don't know much about the situation at the time of the accident, according to the results of the traffic police's judgment, but when the traffic police deal with the car and motorcycle accidents: not only because the motorcycles are basically uninsured, they will try to take the responsibility to the insured car side, so as to obtain more claims from both parties, and also to protect the relatively weak motorcycle side.

In general, you didn't lose anything in this accident, and the traffic police brother handled it well. Hope to open the knot in your heart.

It seems that yes, find a professional lawyer to consult and see if you can still claim compensation now.

Traffic accident traffic police can mediate and deal with compensation. The general traffic police deal with traffic accident compensation mediation in this way:

1. Inform all parties involved in road traffic accidents of their rights and obligations;

2. Listen to the requests of all parties;

3. Determine responsibility based on the facts identified in the road traffic accident certificate;

4. Calculate the amount of damages;

5. Determine the method and time limit for compensation performance.

[Legal basis].Article 22 of the Provisions on Procedures for Handling Road Traffic Accidents.

Where the parties reach an agreement through negotiation on their own, compensation for road traffic accident damages may be performed in the following ways:

1) The parties make their own compensation;

2) Go to the insurance company or the road traffic accident insurance claim service place to handle the damage compensation.

Where the parties fail to perform after reaching an agreement through negotiation on their own, they may apply to the people's mediation committee for mediation or initiate a civil lawsuit in the people's court.

Mediation is one of the ways to deal with traffic accidents, but it is not a necessary way. After a traffic accident occurs, the parties may request mediation from the traffic management department of the public security organ for compensation for damages, or they may directly file a civil lawsuit with the court.

1. The parties to a traffic accident may file a civil lawsuit with the people's court in the following five situations:

1. After the parties have a traffic accident, they can request the traffic management department of the public security organ for mediation for damages;

2. The public security traffic management organ can only mediate once, and if the mediation fails or does not perform after the mediation takes effect, a civil lawsuit can be filed with the court;

3. If one of the parties does not agree to the mediation of the public security traffic management organ, it may file a civil lawsuit with the court;

4. Some laws and regulations allow self-resolution of traffic accidents can also be filed with the court civil lawsuit;

5. If the parties have objections to the inspection, appraisal or determination of the traffic accident, the public security organs will not mediate, and the parties may file a civil lawsuit with the people's court. The traffic police will not force mediation in traffic accidents.

2. Is it possible to pay compensation if you are not responsible for a traffic accident?

In the previous handling of traffic accidents, as long as the accident was not responsible, it did not bear the obligation to compensate, but in the new law, accidents between motor vehicles, non-motor vehicles and pedestrians, regardless of whether the motor vehicle is responsible, must compensate the other party, which is the embodiment of the spirit of "people-oriented, protection of the weak" in the new law.

In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle shall be liable; However, if there is evidence to prove that the non-motor vehicle driver or pedestrian has violated road traffic safety laws and regulations, and the motor vehicle driver has taken necessary measures to deal with it, the liability of the motor vehicle party shall be reduced, which reflects the residual residue protection for the pedestrian and non-motor vehicle driver.

If the mediation procedure is to be initiated in the process of dealing with a traffic accident, the parties need to be willing to mediate, which is the key to initiation. If one party is unwilling to mediate, then the handling of the accident cannot be mediated. The answer to whether mediation is necessary to deal with traffic accidents is also forthcoming.

It can only be said that mediation is one of the ways to deal with traffic accidents, but it is not a necessary way.

[Legal basis].

Article 74 of the Road Traffic Safety Law.

For disputes over compensation for traffic accident damages, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the Liangdu People's Court.

Legal analysis: mediation is not necessary to deal with traffic accidents, mediation is one of the ways to deal with accidents, but it is not a necessary way. After a traffic accident occurs, the party concerned may request mediation from the traffic management department of the public security organ for damages, or may directly file a civil lawsuit with the assault court.

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 in a traffic accident, the parties may request the public security organ to mediate with the traffic management department, or may directly file a civil lawsuit with the people's court.

Mediation is one of the ways to deal with traffic accidents, but it is not a necessary way. After a traffic accident occurs on the side party, the compensation for damages may be requested to the traffic management department of the public security organ for mediation, or a civil lawsuit may be filed directly with the court. [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 parties may request the traffic management department of the public security organ to mediate, or may directly file a civil lawsuit with the people's court.

Circumstances in which traffic accidents cannot be mediated: According to the law, the parties have objections to the determination of road traffic accidents; The parties refuse to sign the road traffic accident determination with their names hidden; If the parties do not agree to mediation, mediation cannot be made. The traffic police are required to state the reason for non-mediation on the road traffic accident certificate.

Legal basis] Article 26 of the Provisions on Procedures for Handling Road Traffic Accidents.

In any of the following circumstances, mediation is not applicable, and the Lutong Police may serve the road traffic accident certificate on the parties after stating the relevant circumstances on the road traffic accident certificate:

1) The parties have objections to the determination of the road traffic accident;

2) The parties refuse to sign the road traffic accident identification document;

3) The parties do not agree to mediation.