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1.Receiving reports. After receiving the report of the party or other person, the public security traffic management department shall file the case in accordance with the scope of jurisdiction.
2.On-site processing. After accepting the case, the public security traffic management department immediately dispatched personnel to the scene to rescue the injured and property, investigate the scene, and collect evidence.
3.Determination of Liability. On the basis of ascertaining the facts of the traffic accident, the traffic management department of the public security shall make a determination of the responsibility of the parties involved in the traffic accident according to the causal relationship between the violation of the accident and the traffic accident, and the magnitude of the effect.
4.Adjudication of penalties. The public security traffic management department shall, in accordance with the relevant provisions, give warnings, fines, suspensions, revocation of driver's licenses or detention to the person responsible for the accident.
5.Mediation of damages. For the compensation for personal injuries, deaths and economic losses caused by traffic accidents, in accordance with the relevant provisions and compensation standards, according to the corresponding compensation ratio of the accident responsibility, the public security traffic management department shall convene the parties to mediate.
The parties agree to reach an agreement that the accident mediator will prepare and issue a mediation letter for damages.
6.Filing a lawsuit in court. If the mediation between the two parties fails within the statutory time limit, the public security traffic management department shall terminate the mediation and issue a letter of mediation conclusion, and the parties shall file a civil lawsuit with the court.
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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.
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Legal analysis: after a traffic accident, first call the police**, the traffic management department should investigate the scene after evacuating the crowd at the scene, issue a traffic accident identification certificate, and if you can, you should promptly identify the injury, and finally propose damages.
The law is based on the calendar:
1. Article 4 of the "Provisions on the Procedures for Handling Road Traffic Accidents" states that the investigation and handling of road traffic accidents shall be the responsibility of the traffic closure and sales management department of the public security organs.
Property damage accidents may be handled by the parties through negotiation, except as otherwise provided by laws, regulations and these Provisions.
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. >>>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
1. Immediately report the case, rescue the injured and property, and protect the scene. 2. Truthfully state the circumstances of the traffic accident to the public security organs. 3. If you are instructed to pay the rescue fee to the injured, you should actively cooperate. >>>More
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
The traffic accident certificate is not down, then wait for the accident certificate to come down, generally in about a month will be issued, after the accident certificate is issued, if the other party does not ask the court to seize your vehicle, the traffic police will release the car in about 3 days. If the other party applies for seizure, you can also provide a corresponding guarantee to unseal. >>>More