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What to do after a traffic accident:1. The parties shall immediately stop the car, preserve evidence, and rescue the injured
2. Report to the traffic police;
3. Under the condition of ensuring the safety of the area, transfer the vehicle to a position that does not affect traffic and set up a danger sign;
4. Leave the scene and wait for the traffic police to deal with the follow-up matters.
5. Assist in on-site investigation and evidence collection.
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1. Accept and report the case. After receiving a report from a party or other person, the public security traffic management department shall file a case in accordance with the scope of its 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 responsibility. On the basis of ascertaining the facts of the traffic accident, the public security traffic management department shall make a determination of the responsibility of the parties involved in the traffic accident based on the causal relationship between the violation of the rules and regulations of the parties involved in the accident and the traffic accident, and the magnitude of the role.
4. Adjudication and punishment. The public security traffic control department shall, in accordance with the relevant delineation, give warnings, fines, detainment, revocation of driver's licenses or detention to those responsible for the accident.
5. Mediation of damages. For the compensation for the injury, death and economic losses caused by the traffic accident, the corresponding compensation ratio shall be divided according to the relevant delineation and compensation scale, and the corresponding compensation ratio shall be divided according to the accident responsibility, and the public security traffic management department shall convene the parties on both sides for mediation. The parties agreed to reach an agreement that the accident mediation staff would prepare and issue a mediation letter for damages.
6. Filing a lawsuit with the court. If the mediation between the two parties fails within the time limit prescribed by law, the public security traffic management department will 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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After the occurrence of a traffic accident, the traffic management department conducts an on-site investigation, and determines the scope of responsibility of the parties after investigation, and if the accident is minor, the parties can negotiate and deal with it, and the traffic management department can organize mediation; Second, if both parties take out insurance, they may apply to the insurance company for compensation, and if the parties fail to negotiate successfully, they may file a lawsuit with the people's court in accordance with the law.
Legal basis: "Measures for the Handling of Road Traffic Accidents": Article 5: The responsibilities of the public security organs in handling traffic accidents are: handling the scene of the traffic accident, determining the responsibility for the traffic accident, punishing the person responsible for the traffic accident, and mediating the compensation for damages.
Article 7 of the Measures for the Handling of Road Traffic Accidents: The vehicle involved in the traffic accident must stop immediately, and the parties must protect the scene, rescue the injured and property (the location should be marked when it must be moved), and quickly report to the public security organ or the traffic police on duty and wait for treatment; Drivers and pedestrians of passing vehicles shall assist.
Article 8 of the Measures for the Handling of Road Traffic Accidents: After receiving a report, the public security organ shall immediately dispatch personnel to the scene to rescue the injured and property, investigate the scene, collect evidence, and take measures to restore traffic as soon as possible.
Article 9 of the Measures for the Handling of Road Traffic Accidents: The parties concerned shall truthfully state the circumstances of the traffic accident to the public security organs, and shall not conceal the true circumstances of the traffic accident. Other persons with knowledge are obliged to provide relevant information to the public security organs.
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Legal analysis: (1) Immediately after the accident, the car was stopped to protect the scene, and there were people who rescued the injured on the horse; (2) Promptly report to the police and notify the insurance company; (3) Wait for the traffic police to rush to the scene for investigation and processing; (4) If the traffic police issue an accident liability determination letter and the parties jointly request mediation, the traffic police may mediate the dispute over damages on the spot.
Legal basis: Article 72 of the Road Traffic Safety Law of the People's Republic of China After receiving a traffic accident report, the traffic management department of the public security organ shall immediately send traffic police to the scene, organize the rescue of the injured person first, and take measures to restore traffic as soon as possible. Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification.
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1. The procedures for handling a car accident are as follows:
1) The owner must turn on the vehicle's hazard warning lights at the first time, and set up a hazard warning sign behind the car;
2) Report to the traffic management department, and the traffic management department rushes to the scene of the traffic accident to deal with it;
3) The traffic management department makes a traffic accident certificate;
4) The traffic management department shall punish the parties involved in the accident.
2. 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, on the basis of the traffic accident scene inquest, inspection, investigation and 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.
2. What are the compensation standards for traffic accidents?
The compensation standards for traffic accidents are as follows:
1. The compensation standard for medical expenses shall generally be determined by the diagnosis certificate of the local ** hospital and the receipts or medical records and prescriptions of medical expenses, ** fees, and hospitalization fees;
2. The compensation standard for lost time expenses shall be determined according to the actual degree of damage, recovery status, and with reference to the forensic appraisal or the certificate issued by the hospital;
3. The compensation standard for nursing expenses shall be determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period. If the nursing staff has a recipient, it shall be calculated with reference to the provisions on lost work pay;
4. The compensation standard for transportation expenses is calculated according to the actual expenses incurred by the victim and his or her necessary escorts due to medical treatment or hospital transfer;
5. The compensation standard for hospital meal subsidy can be determined with reference to the business trip meal subsidy standard for general staff of local state organs. If it is truly necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, a reasonable part of the accommodation and food expenses actually incurred by the victim and his or her escort shall be compensated;
6. The compensation standard for nutrition expenses, nutrition expenses refer to the metabolic changes that occur after the human body suffers damage, and the daily diet cannot meet the requirements of the damaged body for calories and various nutrients, and must obtain nutrition from other foods.
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What to do after a traffic accident:1. The parties shall immediately stop the car, preserve evidence, and rescue the injured
2. Report to the traffic police;
3. Under the condition of ensuring the safety of the area, transfer the vehicle to a position that does not affect traffic and set up a danger sign;
4. Leave the scene and wait for the traffic police to deal with the follow-up matters.
5. Assist in on-site investigation and evidence collection.
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The handling of traffic accidents can be roughly divided into the following steps:
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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