Enquiring knowledgeable people Inquisitive education Hospital Treasury

Is the traffic accident mediation statement still valid if it violates the Regulations on Traffic Accident Handling Procedures?

home page

Is the traffic accident mediation statement still valid if it violates the Regulations on Traffic Accident Handling Procedures?


        

Submit answer
Favorable reply
  • 2024-07-01 11:01:43

    1. In case of a traffic accident, the scene must be protected and the injured and property must be rescued.
    2. Written materials detailing the accident.
    3. If any property loss is caused, the public security organ shall assess the loss of vehicles and articles.
    4. If a person is injured or disabled, the public security organ shall designate the owner or the main person responsible for the accident to pay the medical expenses of the injured in advance, and issue the injury identification certificate and the preliminary assessment instructions for medical expenses.
    5. The public security organ finds out the cause of the traffic accident, and makes the responsibility determination within 5 days for minor accidents and 15 days for ordinary accidents. Those who refuse to accept the application shall apply to the accident department (office) of the higher authority for re identification 15 days later.
    6. Each party involved in the accident shall send one or two representatives to the accident mediation office of the public security organ to participate in mediation.
    7. If only property loss is caused, mediation shall be started from the date of determination and the time limit shall be 30 days. Bring all kinds of invoices, bills, evaluation instructions and other supporting materials.
    8. In case of injury, mediation shall be started from the date of the end of treatment or disability determination, and the time limit shall be 30 days. Bring all kinds of bills, discharge certificates, ID cards, disability assessment cards, etc., and the seriously disabled shall also bring their family members' certificates, and the supporting materials issued by the police station.
    9. In case of death, mediation shall be started from the date when funeral matters are determined to be handled, and the time limit shall be 30 days. Family members shall bring all kinds of bills, death certificates, family support information issued by the police station, family members and other supporting materials. If the family member is unable to participate in the mediation and entrust another person to act as an agent, he/she shall present the certification procedures of the entrusted agent.
    10. The case will be closed after both parties sign an agreement through mediation. The mediation statement, execution period and other documents shall be issued.
    11. If the mediation period expires, no agreement can be reached after the second mediation, or the mediation statement is refused to be executed after it comes into effect, the public security organ will terminate the mediation. The parties shall bring a civil action to the people's court.
    Article 70 of the Road Traffic Safety Law, in case of a traffic accident on the road, the vehicle driver shall stop the vehicle immediately to protect the scene and cause casualties, the vehicle driver shall rescue the injured immediately and report to the traffic police on duty or the traffic management department of the public security organ promptly. If the scene is changed due to rescuing the injured, the location shall be indicated. Passengers, drivers of passing vehicles and pedestrians shall provide assistance.
    If a traffic accident occurs on the road, without causing personal injury or death, and the party concerned has no dispute about the facts and causes, it can immediately leave the scene, resume traffic, and if it does not immediately leave the scene after negotiating on the matter of compensation for damages, it shall promptly report to the traffic police on duty or the traffic management department of the public security organ.
    If a traffic accident occurs on the road, which only causes minor property losses, and the basic facts are clear, the parties shall first leave the scene and then negotiate for settlement.
    Article 72 of the Road Traffic Safety Law, the traffic management department of the public security organ shall immediately send traffic police to the scene after receiving the traffic accident alarm, organize the rescue of the injured first, and take measures to restore traffic as soon as possible.
    The traffic police shall conduct an inquest and inspection of the scene of the traffic accident, and may detain the vehicle involved in the accident for the purpose of collecting evidence, but shall keep it properly for verification.
    The traffic control department of the public security organ shall entrust a special agency to conduct a highly professional examination of the physical and mental conditions of the parties. The expert conclusion shall be signed by the expert witness.
    Article 76 of the Road Traffic Safety Law of the People's Republic of China, in the event of a traffic accident involving a motor vehicle that causes personal injury or death or property losses, the insurance company shall be liable for the part of the motor vehicle that is not fully compensated within the limit of liability of the compulsory third party liability insurance for motor vehicles in accordance with the following provisions:
    (1) Where a traffic accident occurs between motor vehicles, the party at fault shall bear the liability for compensation. If both parties are at fault, they shall share the liability according to the proportion of their respective faults.
    (2) If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear the liability for compensation. If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault. If the motor vehicle party is not at fault, It shall bear no more than 10% of the compensation liability.
    If the loss of a traffic accident is caused by the intentional collision of a non motor vehicle driver and a pedestrian with a motor vehicle, the motor vehicle party shall not be liable for compensation.

    z***

    2024-07-01 11:01:43

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):