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Regulations on Procedures for Handling Traffic Accidents
Article 45 After investigation, the traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the behavior of the parties in the traffic accident and the severity of the fault
1) If a traffic accident is caused by the fault of one of the parties, it shall bear full responsibility; If the party escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility;
2) Where a traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;
3) None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, none of the parties is liable;
If one party intentionally causes a traffic accident, the other party is not liable.
Article 46 The traffic management department of the public 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 inquest 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. "Where it is necessary to conduct an inspection or appraisal, a traffic accident determination shall be drafted within 5 days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed. ”
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Up to 35 working days, if you want to pick up the car, send them a cigarette, have a meal, no way!
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The entrance of the yamen is open to the south, so don't come in if you are rude.
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Legal Analysis: 1. Report the case.
After the accident, the vehicles of all parties to the accident should be parked in place, keep the accident scene, and immediately report to the insurance company and the traffic police department; If there are people**, they should be sent to the hospital immediately, unless the area where the accident occurred is relatively desolate or there is no car passing by, try not to move the accident car. This is because if the injured person is taken to the hospital in an accident car, the responsibility for the accident cannot be determined.
2. On-site processing.
The traffic police department went to the scene to investigate and collect evidence, and temporarily seized the accident vehicle, the driver's "driver's license" and the accident vehicle's "driving license". Under normal circumstances, the accident insurance company investigators handled by the traffic police do not need to go to the scene to investigate.
3. Determination of responsibility.
The traffic police department shall make a judgment of responsibility according to the circumstances of the accident and deliver the "Letter of Responsibility" to all parties concerned; If all parties are not satisfied with the determination of responsibility for the accident, they shall submit a reconsideration to the traffic police department or file a lawsuit with the people's court within 15 days of receiving the "Determination of Responsibility".
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 mediation from the traffic management department of the public security organ, or 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. 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 mediation from the traffic management department of the public security organ, or 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.
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2.Judging the situation, if someone is injured, you should immediately call the first aid** and wait for the arrival of rescuers.
3.If there is no person**, you should immediately call the police**, report the accident, and wait for the traffic police to come to the scene to investigate and deal with it.
4.In the process of waiting for the traffic police to arrive, you can first leave contact with each other, and verify each other's vehicle information, including the other party's driver's license, driving license, license plate number and other information, and try to collect evidence at the scene, such as taking pictures or **.
5.When communicating with the other person, you should remain calm and avoid violent emotions or verbal conflicts that can lead to escalation.
6.In the process of processing, you must abide by laws and regulations, and do not negotiate privately, so as not to lose your rights and interests. It's best to settle your claim through your insurance company or seek help from a lawyer.
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Hello, in the event of a traffic accident, the sail brigade must first turn on the double flashes in time, and place a warning triangle, and then call the traffic police ** and the insurance company's electric stool to report. Finally, make sure you're safe.
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1. Since you have bought insurance, don't be private;
2. Remember to keep these invoices for medical expenses before, and you can find the insurance company to report the bills in the future;
3. If the other party does not cooperate, then it will be delayed temporarily, and he is actually waiting for you to go to him to knock a lot of your money privately;
4. Don't believe in anything like the first payment and then the more refunded and the less compensated, I have never heard that this money has been refunded;
5. In the event of a traffic accident, the traffic police detain the car because it is necessary to do a car inspection, and after the car inspection report is sent to both parties, the traffic police have no reason to continue to detain the car, which can be theorized with the traffic police (otherwise you want to if the injured person lives in the hospital for more than half a year, the car will be detained and not repaired, which is not rotten);
6. The traffic police will issue an accident liability determination to both parties within the specified time, and then organize mediation after the injured person ** (both parties need to apply), if they are not willing to mediate, they will go to the court to sue.
Priority salvage, for the following reasons:
1.If the victim dies, it is not a public security punishment, but a traffic accident that causes death, which is a crime and Chang Gai will go to jail! >>>More
According to the provisions of Article 29, Paragraph 3 of the Regulations on Work-related Injury Insurance: >>>More
According to the regulations on the handling of road traffic accidents, the person responsible for the traffic accident shall bear the corresponding liability for damages in accordance with the traffic accident responsibility. In addition, an injury appraisal should be applied for in a medical institution, and the ** certificate issued by the hospital is the basis for the other party to compensate. >>>More
This kind of compensation should be the first thing that the compensation for personal injuries caused by traffic accidents must first have the accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation. >>>More
Actively compensate the victim's family and obtain a letter of understanding from the family, so that the compensation items that will be suspended are: 1. Medical expenses. Including: diagnosis and treatment fees, medical expenses, hospitalization fees, and others (voucher payment, referral form for foreign **; 2. Lost time pay. >>>More