General traffic accident handling process, general traffic accident handling process

The general process is on-site treatment, accident responsibility identification, punishment, and organization of mediation: 1. On-site treatment 1. Maintain good road traffic order and organize the rescue of injured people; 2. Find the parties and witnesses of road traffic accidents, and control the suspects; 3. Investigate the scene of the accident, fix, extract or preserve the evidence at the scene; 4. If necessary, the vehicle involved in the accident and the relevant documents of the parties may be detained; 5. Make an appointment with the parties to deal with the accident. 2. The determination of responsibility for the accident shall be made within 10 days from the date of on-site investigation, and if the parties are not satisfied with the determination, they may apply to the traffic police department at a higher level for review within 3 days.

3. Punishment shall be made within five days of the date on which the road traffic accident determination is made, and the party shall be punished in accordance with law for the road traffic safety violation. 4. The mediation asks whether the parties are willing to mediate, and if they are willing to mediate, the maximum number of mediations is two, and the mediation is successfully prepared and served on the parties; and where they are unwilling to mediate, inform the parties to initiate a civil lawsuit in the people's court. Legal basis:

Provisions on Procedures for Handling Road Traffic Accidents》 Article 21 After the traffic police arrive at the scene of the accident, they shall immediately carry out the following work: (1) Demarcate the warning area, place luminous or reflective cones and warning signs at a safe distance, and determine a special person to be responsible for on-site traffic command and guidance, and maintain good road traffic order. If traffic is interrupted due to a road traffic accident or traffic control measures such as road closures need to be taken for on-site disposal or investigation, diversion shall also be organized in advance in the direction of traffic at the scene of the accident, and detour reminder signs shall be placed to avoid traffic jams; (2) Organizing the rescue of injured persons; (3) Directing investigation, ambulance and other vehicles to park in a location that is convenient for rescue and investigation, turn on the warning lights, and turn on the hazard warning flashing lights and marker lights at night; (4) Find the parties and witnesses in road traffic accidents, and control the suspects.

Article 47 of the Provisions 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. 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.

In the event of a fatal accident, the traffic management department of the public security organ shall, before making a road traffic accident certificate, convene all parties to the scene and publicly investigate and obtain evidence. Evidence that witnesses request confidentiality or that involves state secrets, commercial secrets, or personal privacy must not be disclosed. If the parties are not present, the traffic management department of the public security organ shall be recorded.

Article 57 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall, within five days from the date of making the determination of the road traffic accident, punish the party for the road traffic safety violation in accordance with the law.

1. On-site investigation.

1. After a traffic accident, if there is no person, the parties have no dispute about the facts and causes, or only cause minor property losses, and the basic facts are clear, they can negotiate to deal with the damage compensation and evacuate the scene. If there is a dispute over the facts and causes, the scene must be protected, and 122 must be quickly called to report to the traffic police. If the vehicle is insured, the insurance company should be notified in time to go to the scene.

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.

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.

2. Determination of responsibility.

1. In the investigation stage, if necessary, convene the parties to the traffic accident handling center to hold a hearing.

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.

3. Penalties. 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.

4. Compensation mediation.

1. Collect certificates, bills, and various materials related to damages.

2. Within 10 days after receiving the letter of determination, all parties unanimously apply in writing for public security mediation and mediation, and after the mediation is successful, the "Mediation Letter" shall be prepared and sent to the parties respectively.

3. If the mediation is unsuccessful or the public security organ has not applied for mediation, the application is overdue, and there is an objection to the accident identification, inspection and appraisal conclusion, a civil lawsuit may be filed with the people's court within the statutory limitation period.

5. Litigation settlement.

1. After receiving the letter of responsibility, if the traffic police do not prosecute within the time given by the traffic police, and no mediation opinion is reached, the traffic police will release the vehicle that caused the accident.

2. After receiving the letter of responsibility, the victim can file a lawsuit with the court, and at the same time, the other party's vehicle should be fully preserved and seized to ensure future enforcement. In particular, the injury is serious and requires hospitalization for a period of time, or surgery.

3. After the court files the case, it issues a "Notice of Assistance in Enforcement" to the traffic police department and seizes the vehicle.

4. If the court may constitute the need for disability evaluation, submit an application for appraisal to the court.

5. After the appraisal results come out, or after the appraisal is basically over, the court will hear and make a judgment.

6. The victim applies for enforcement.

If there is a person **, call 120 first, and then call the traffic police to determine the responsibility for the accident, and call the insurance company ** to make an accident claim.