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To be honest, I don't really understand what you're asking.
The traffic accident handling process is provided for reference.
Site surveys. 1. After a traffic accident occurs, if the parties have no dispute about the facts and causes, they can immediately evacuate the scene and negotiate to deal with the damages by themselves. Those who do not evacuate the scene immediately must protect the scene and promptly report it to the public security organs.
2. After receiving the instructions, the police on duty must quickly rush to the scene within the time promised and quickly dispose of the scene.
3. Carry out on-site investigation, including on-site visits, photography, drawing, measurement, inspection and other series of work. The on-site investigation must be lawful, timely, comprehensive and accurate.
4. After the on-site investigation record is reviewed, the parties or witnesses shall be required to sign on the on-site map.
5. For the purpose of inspection, the vehicle and the relevant documents of the parties may be detained if necessary.
6. Make an appointment with the parties for accident handling.
7. The post-investigation must be conducted in accordance with the law, including inquiry (interrogation), trace extraction inspection, technical testing, damage assessment and other necessary appraisals.
Determination of Liability. 1. During the investigation stage, the parties may be convened to hold a hearing when necessary.
2. After ascertaining the basic facts of the accident and collecting sufficient evidence, the determination of responsibility shall be made in strict accordance with the prescribed time and in accordance with the law.
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 legal statute of limitations to apply for redetermination.
Punish. 1. After the determination of responsibility takes legal effect, the responsible party shall make a penalty opinion and submit it to the leader for approval.
2. Fill in the penalty ruling according to the punishment decision made by the leader.
3. Announce the penalty ruling to the responsible person.
4. Inform the parties of their rights and legal statute of limitations to apply for administrative reconsideration.
5. Improve the relevant procedures for punishment.
6. Enforce penalties.
Indemnity mediation. 1. Collect certificates, bills, and various materials related to damages.
2. After confirming the end of the injured person or determining the result of the damage, all parties or persons must be organized to mediate compensation within the specified time. The maximum number of mediations is two.
3. After the mediation is successful, the "Mediation Letter" shall be prepared and sent to the parties respectively.
4. If the mediation is unsuccessful, the "Mediation Termination Letter" must be filled out, sent to the parties, and informed that the parties can file a civil lawsuit with the people's court within the statutory time limit.
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If there is a unilateral accident that is reported to the police, report to the insurance company at the same time, and then wait for the insurance company personnel to investigate the scene, then assess the damage, and then designate the repair manufacturer, and then claim the claim with the documents.
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After a traffic accident occurs, report to the traffic police to investigate the process of the traffic accident and wait for the issuance of a traffic accident certificate.
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Legal analysis: The traffic accident liability determination does not need to be signed by both parties, but after the responsibility letter is issued, the traffic police will notify both parties to receive the accident liability determination. The signature of the manuscript is only used as the basis for service.
Whether or not both parties sign or not, it does not affect the issuance of the traffic accident liability determination, and if one party has objections to the certificate, it can submit a review.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 73 The traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence in the handling of traffic accidents. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
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Legal analysis: The traffic bank accident liability determination does not need to be signed by both parties, but after the issuance of the responsibility draft, the traffic police will notify both parties to receive the accident responsibility certificate.
Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China The traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes, and the responsibilities of the parties, and serve them on the parties.
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The traffic accident liability determination does not need to be signed by both parties, but after the responsibility letter is issued, the traffic police will notify both parties to obtain the accident responsibility certificate. Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China shall be based on the traffic accident scene inspection, inspection, investigation and relevant inspection and appraisal conclusions, and make a traffic accident identification certificate in a timely manner as evidence for handling traffic accidents.
The series of books on the determination of bad traffic accidents shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
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The issuance of the traffic accident liability determination does not require the presence of both parties, but after the responsibility letter is issued, the traffic police will notify both parties to receive the accident responsibility determination.
The road traffic accident liability determination document is a document formed by the public security traffic management department in accordance with traffic laws and regulations on whether the parties to the traffic accident have violated the rules, as well as the causal relationship between the violation and the damage consequences of the traffic accident.
The traffic management department of the public security organ shall, within 10 days from the date of on-site investigation, make a road traffic accident identification document. 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.
The written determination shall be signed or sealed by the police handling the case, affixed with the special seal of the traffic management department of the public security organ for handling road traffic accidents, and served on the parties respectively, and inform the parties of the right and time limit to apply to the traffic management department of the public security organ for review, mediation, and directly to the people's court.
Therefore, the traffic police do not need to be present when they issue the accident responsibility determination. If the parties are not satisfied with the traffic accident liability determination made by the traffic police, they may submit a written application for review to the Xiangyan-level public security traffic management department of the previous bureau within 3 days from the date of delivery of the traffic accident liability recognition agreement.
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This is divided into two situations, one is: the accident is not serious, there is no personnel, you can take the accident handling of the proposed procedure, and the traffic police issue the accident responsibility determination of the proposed procedure, which must be signed by both parties at the same time, one person and then compensate each other according to the proportion of the division of responsibility. The second is:
There are people in the accident, such an accident must be issued a formal accident responsibility determination, the traffic police must first investigate the accident process and the scene, and may also practice the identification of the vehicles of both parties, and then according to the accident scene and the identification results issued a formal accident responsibility determination, this does not need to be both at the same time, and do not need to sign the accident responsibility determination, simply put, it will take effect without signing, but the traffic police will require the person who took the responsibility determination to sign on the service notice, and Sun Zhaojian got the accident responsibility determinationEven if you don't sign it, the determination of the division of responsibility is also valid. When picking up the certificate, there is no need for both parties to be present, and whoever arrives first will take it first.
1. The time limit for making a traffic accident liability determination.
The management department of the public security organ shall make a road traffic accident identification document within 10 working days from the date of on-site investigation. In traffic hit-and-run cases, a road traffic accident identification certificate shall be prepared within 10 working 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 determination shall be drafted within five working days from the date on which the conclusion of the inspection or appraisal is determined.
If the escape traffic accident has not been solved and the injured party requests the issuance of a road traffic accident identification document, the traffic management department of the public security organ shall, within 10 working days after receiving the written application of the party, prepare a road traffic accident identification document and send it to the injured party. The road traffic accident determination document shall clearly state the time and place of the accident, the circumstances of the victim and the facts obtained from the investigation, and where there is evidence to prove that the victim is at fault, the responsibility of the victim shall be determined; Where there is no evidence to prove that the victim is at fault, it is determined that the victim is not responsible.
2. The content of the road traffic accident certificate.
1) Basic information such as the parties, vehicles, roads, and traffic environment of road traffic accidents;
2) The course of the road traffic accident;
3) Analysis of the evidence of road traffic accidents and the causes of the accidents;
4) The fault and responsibility of the parties involved in the road traffic accident or the cause of the accident;
5) The name and date of the traffic management department of the public security organ that made the determination of the road traffic accident.
The road traffic accident identification document shall be signed or sealed by the police handling the case, affixed with the special seal of the traffic management department of the public security organ for handling the road traffic accident, and served on the parties respectively, and inform the parties of the right and time limit to apply to the traffic management department of the public security organ for review, mediation and directly to the people's court.
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