A, accept consulting.

Understand the occurrence time, location of traffic accident cases, the basic situation of the parties, treatment of traffic accident police departments to make a preliminary understanding and judgment of the case.

Two, to guide the parties to provide to the police department for their own evidence and evidence. In the traffic accident responsibility confirmation is made, the parties to the traffic police department guidance for mediation, but writes the application.

Three, if the parties have agreed to mediation in the mediation process, the agent party according to the traffic accident compensation standard announced in the traffic police department, the partial calculation the amount of compensation, then according to relative responsibility sharing.

Four, if the mediation fails, the traffic police department to end the mediation procedure. The agent party to collect evidence, the production of civil indictment, shall entrust appraisal institution to make level of disability appraisal conclusion, put forward a suit in a people's court to have jurisdiction over the. After the lawyer civil procedure agent.

Five, such as traffic accident parties in accordance with the law to reach an agreement, the legal services lawyers can provide a protocol for client.

 

Death compensation calculation and the legal basis

One, the legal basis

 According to the "Regulations on certain issues concerning the application of law in the trial of personal injury compensation cases the interpretation of" the twenty-ninth Supreme People's court death compensation in accordance with the seat of the court on appeal by an annual disposable income of urban residents and rural Per capita net income standards, according to twenty years. But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years.

Two, articles of

This article is about the death indemnity, content is relatively simple, in accordance with the seat of the court on appeal by an annual disposable income of urban residents and per capita net income of rural residents standard multiplied by the corresponding period. By the seat of the court is a municipality directly under the central government, provincial, autonomous region, the courts of the host.

 

Calculation of nutritional costs and legal basis

One, the legal basis

 according to the "Regulations on the law applicable to a number of personal injury compensation cases to explain" the twenty-fourth Supreme People's court, the nutrition fee based on the victim's disability with reference to the views of medical institutions to determine.

Two, articles of

 this article is about the determination according to the nutrition fee and fee standards, the understanding should pay attention to the following issues.

1Nutrition, determine the charges are based on the victim's disability and the opinions of the medical institution; among them, the most important is the disability according to the provisions of this article; although the medical institutions issued opinions are only for reference, but this opinion is very important, is the people's court hearing personal injury compensation cases an important basis for determining the nutrition fee payment.

2, About nutrition fee payment standards, this article is not clearly defined, the disability according to the practice of discretion. Also note that, the actual need to supplement nutrition, must be harmed by the infringer's behavior, and the need to make up the damage of nutrition. If no nutrition and tort victims need to supplement the tort victim, then can not be nutritional costs put in a claim for damages.

 

Matters needing attention in dealing with the traffic accident victims

First of all, to update concepts: due to previous security traffic accident victims and their relatives to obtain compensation, is the police duties; now the police have not the authority and responsibility, the victim shall timely to ensure the implementation of the right to compensation by the prosecution. Through litigation, can adopt the preservative measures.

 Secondly, the victims and their close relatives should also pay attention to the collection of compensation related evidence, pay attention to timely apply for inspection, identification. The victims and their close relatives can not complete the investigation, collect relevant evidence independent, should promptly seek professional lawyers and other staff to help.

 

Traffic accident damage compensation generally follow the principle

(A)Just compensation for direct economic losses Traffic accidents caused by the loss of property includes both direct loss and indirect loss. From the civil law, the loss of the victim of the property should be full compensation, the loss refers to the actual loss suffered by the victim, including direct reducing property and lose the "benefits" of the indirect loss. The so-called "benefits", is based on the "reasonably foreseeable" rules, the parties have or should have been foreseen by the inevitable can get "expected return". But also through legislation, using "reasonable limits", restrictions on compensation. Therefore, "provisions of the road traffic accident treatment measures", only pay for the direct losses of. Direct loss of property refers to the actual value of traffic accident damaged property, including the damaged vehicles, goods, facilities, roads, buildings and livestock. As for the direct loss caused by or take other acquirable interest losses linked, is the indirect loss, not in the traffic accident damage compensate list.

(Two)According to the traffic accident liability for damages This is an important principle of compensation for damage in traffic accident, traffic accident responsibility is greater, proportional compensation to any damage is higher, no traffic accident responsibility of the parties, shall not bear the liability for damages, unless otherwise provided by law. The proportion of compensation: full responsibility for100%, the main responsibility for60A90%, equal responsibility for50%, secondary responsibility for10A40%.

 (Three)The motor vehicle shall assume liability without fault As the vehicle speed vehicles, non motor vehicles or pedestrians caused damage in operation. According to our country road traffic law the seventy-six regulation, even if no fault in motor vehicles, traffic accidents in which vehicles shall not be responsible for the traffic accident, also should bear the liability for damages. If the motor vehicle and non motor vehicle, pedestrian traffic accidents, causing serious consequences to the other person, a vehicle side even if no fault, it should be the other 10% share of the economic loss. According to the 10%, the amount of compensation more than traffic accident took place an average cost of living 10 months, pay according to the average living expenses for 10 months.

(Four)For personal injury, in addition to compensation for the resulting loss of property, compensation should also be a certain amount of solatium Personal injury is a kind of non property damage, including on human life, health damage. This damage both caused property losses, such as medical expenses, loss of working time; but also to the family of the deceased spiritual damage. Given the death compensation to the families of the deceased, is a kind of spirit conciliate gold on the family of the deceased.

(Five)Fair and reasonable In the road traffic accident casualties or property losses, the investigation by the public security organs can not determine the cause violations of any party, the public security organ is unable to confirm the liability of traffic accident parties, thus unable to confirm whether the parties should bear and how to bear the liability for damages. Then according to the relevant provisions of civil law, should be according to the specific conditions. Shared by the parties to the fair and reasonable compensation.

 

Project and standard traffic accident damage compensate scope

According to the "Regulations" approach to road traffic accidents, traffic accident responsibility should be negative in accordance with the traffic accident responsibility to bear the corresponding liability for damages. The scope of damages include:Medical costs, delay costs, hospital food subsidies, nursing fees, transportation fees, accommodation fees and direct property loss.

The cause of disability, and disability compensation, disability equipment costs and mental solatium;

Cause of death, and death compensation fee, living expenses for dependents, the compensation for the project shall be determined according to the actual situation, and the cost of a one-time settlement. The compensation standard is:

1Medical expenses: in accordance with the hospital. The traffic accident trauma to the pay for the cost of credentials, needed to continue after completion of treatment, according to the cost of treatment necessary payment.

2. delay costs, the parties have a fixed income, in accordance with myself because of fixed income loss of working time calculation, there is no fixed income by the average income of the last three years or the same industry to calculate the per capita income.

The delay time is determined according to the certificate issued by medical institutions for treatment of victims. Because of the continuing loss of the disabled, the delay time can be calculated to set the day before the residue. Victims of a fixed income, loss of working time reduction in fees based on actual income. Victims of non fixed income, calculated from the last three years the average income in accordance with; the victim can't proof to prove that the last three years the average income, can be referred to by the seat of the court the same or similar industry last year the average wage of workers calculation. "By the seat of the court" refers to the application by the court of appealAutonomous regions, municipalities directly under the central government.

The delay time should be based on the self treatment to cure the time required to determine the standards, with the corresponding issued by medical institutions as the basis. Disability, loss of working time is calculated to set the day before the residue.

3At the hospital food subsidies: according to the traffic accident happened to the staff of state organs, business standard food subsidies.

4. care: nursing the wounded in hospital income calculated in accordance with the provisions of the delay fee, no income, calculated in accordance with the traffic accident took place an average cost of living.

5. disability compensation: according to disability level, traffic accidents took place in accordance with the per capita disposable income, disability compensation for twenty years from the date of, but more than sixty years of age, the age reduction for each additional one year old years. More than seventy-five years of age is calculated according to five years. Per capita disposable income of urban households refers to the disposable income of Urban Households by calm burden coefficient calculated personal annual income.The per capita net income of rural residents per capita net income is calculated according to the average burden coefficient net income of Rural Households by rural residents.

6. equipment costs of disability: Appliance disability need preparation compensation function, with the hospital to prove that in accordance with the universal appliance costs.

7At the funeral expenses: by the seat of the court last year six months to calculate the per capita wage. "by the seat of the court" refers to the courts of the host, autonomous regions, municipalities directly under the central government.

8Death compensation fee: according to the traffic accident occurred in the per capita disposable income, compensation20More than sixty years, each additional year to reduce the one year old, in seventy-five over the age of five years.

9Is dependent for living expenses, limited prior to the deceased or disabled or lose labor ability the actual custody of any other sources of income, according to the traffic accidents occur in the living standard subsidies calculation, under the age of eighteen to eighteen years of age dependency, no labor ability, raising twenty years, but sixty years of age by one year to reduce each year, more than seventy-five years of age, according to five years. According to "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation cases the interpretation of" the provisions of article twenty-eighth was dependent people living under the support degree of loss of working capability, according to by the seat of the court Calculation of annual per capita consumption expenditure of urban residents and rural residents per capita living consumption expenditure standard. Dependency is defined as being the victim should bear the support obligation in accordance with the law of minors or disabled and no other adult living near relatives. Be dependent of other dependents, the compensation obligor shall be liable to compensate the victim only part of the. Several people were dependent, years lost repayment amount is not more than a year of urban residents per capita consumption expenditure or rural residents per capita living consumption expenditure. Two, understanding the clauses1, dependents range, dependency is defined as being the victim according to Law bears the burden of obligation, one kind is the dissatisfaction18Minors, second class is have adult, but not the ability to work and no other source of income is dependent. Here, attention should be paid to the close relatives of the understanding, in general, close relatives have statutory maintenance relation including husband and wife, parents, children. Between the generations between brothers and sisters, under certain conditions the formation of dependency relations legal.2A plurality of support, in the case of the obligor to compensation, compensation for the victims of their own only shall bear to part. According to the "marriage law", both husband and wife have a dependent child of obligations, on one side is damaged, the obligation of reparation will only be required to undertake the underage child support 1/2.3A plurality of be dependent, in the circumstances, the obligor to compensation payments are dependent for living expenses of annual compensation amount is not more than a year of urban residents per capita consumption expenditure or rural residents per capita living consumption expenditure.

10. transportation costs: in accordance with the actual parties must pay for the cost of credentials.

11. accommodation: traffic accidents took place in accordance with the general staff of state organs, business credentials to pay standard accommodation. Participate in the handling of traffic accident parties relatives required transportation costs, delay costs, accommodation shall be subject to the aforesaid provisions, but not more than three. Due to traffic accident damaged vehicles, goods, facilities, etc., should be restored, compensation can not repair the discount.

 

Road traffic accident cases, direct property damage compensation standard

Damage due to road traffic accidents of vehicles, goods, facilities, etc., should be restored, can not be repaired, discount compensation. Value of livestock lost because of injury or death, discount compensation.

1And property loss, is caused by road traffic accident vehicle, direct property losses converted into cash, should also include the rescue scene(Insurance), personal injury rehabilitation treatment costs, but does not include indirect loss shutdown, shutdown, property caused by the closure of the. 　

2, infrastructure refers to facilities and road safety on the roads and other facilities nearby, such as electric power, water conservancy facilities, buildings, trees and flowers. 　　

3, repair. Accident damaged vehicles, goods, facilities, etc., should be carried out to repair, restore. Repair to the spot to repair the main, to restore the original state, namely in the function, form, value does not change much. 　　

4, discount compensation. Accident damaged vehicles, goods, facilities may not repair, need to pay compensation at the market price. Discount should calculate the value of the original, the original of the old and the new market and the residual value of discount compensation. 　　

5Animals were injured, but no loss of value, should be locally based treatment;Lost value because of injury or death, identified by the relevant departments to assess, discount compensation.

6, real compensation. The two parties through consultation, a compensation type, the quality of the same or similar material.

 

Pedestrian access to the highway by the car who will bear the responsibility?

The driver of a motor vehicle in normal traffic and pedestrians without any violations, unauthorized crossing into the highway traffic accident cases, by the pedestrians bear the main responsibility. Because the pedestrian is absolutely not allowed to enter the highway, so the traffic accident is completely pedestrian he did not comply with highway management, the motor vehicle shall not wrong, only need to bear the responsibility for compensation in accordance with the provisions of the state, the lowest proportion of the amount of.

 

"Traffic accident" belongs to the nature of what?

"The people's Republic of China Road Traffic Safety Law" seventy-third traffic management departments of public security organs shall, according to the traffic accident scene investigation, inspection, investigation and inspection, appraisal conclusion, timely production of traffic accident, as evidence of a traffic accident. The traffic accident causes the basic facts, and the parties shall specify the traffic accident responsibility, and served on the party.

Formulation of the traffic accident behavior is no longer the administrative act, the parties cannot overturn confirmation by the administrative procedure, but since it is evidence there is a decided to adopt the problem, the final adoption of that right should be in the court, if there is conclusive evidence that the original certificate is false, can be overridden by the evidence and the law new rules to the court proceedings.

 

Calculation of traffic fee and legal basis

According to the "Regulations on certain issues concerning the application of law in the trial of personal injury compensation cases the interpretation of the Supreme People's court" article twenty-third:"The transportation fee based on the victim and the accompanying staff because of the necessary medical treatment or transfer of the actual treatment costs. Transport fares should be based on a formal paper for; relevant credentials should be consistent with the location for medical treatment, time, number, number. "

Two, articles of

This article determined the traffic fee standard of compensation, including the following three aspects.

1Transportation is very necessary, the nursing staff due to medical treatment, including the attendants accompanying patients, the hospital treatment of the actual cost. Emphasize the victim medical expenses, emphasizing the actual expenses.

2The obligation of reparation, compensation to victims of traffic fees formal note for payment voucher, no formal bill will not lose.

3Formal note shall place, and treatment time, number, match.

Three, attention should be paid to the problem in application

1In general, traffic fee shall refer to the infringement of the general staff of state organs on business travel to pay transportation costs. Passenger transport by bus, special circumstances can take the seat the ambulance, taxi, but should be the victim that the rationality of use. The passenger train should be regular train, should special circumstances need to take a soft sleeper, sleeper, allowed by the victim, but shall justify the passenger transportation of the . Under normal circumstances, do not allow the passenger aircraft, except in urgent cases, the victim should justify the cab.

2, interpretation of the "official notes", should not only be understood as formal tax invoice, bus tickets, train tickets, tickets, taxi tickets belong to the formal bill.

3, applying this article, should also pay attention to the official notes and location for medical treatment, time, number, number is consistent, inconsistent not compensation.

 

Traffic police mediation

One, traffic accident damage compensation solution: the parties may negotiate a deal to; can request traffic police to assist in mediation; can file a civil lawsuit directly to the people's court.

Two, the summary procedure for the treatment of traffic accident, traffic accident parties to the traffic police found no objection and jointly apply for mediation, the traffic police on the spot for mediation, and in accident record results of mediation book, signed by the parties, the party concerned.

Three, for handling according to the procedure of traffic accident, the parties agreed the request of the traffic administrative department of the public security organ mediation damages, can receive traffic accident within ten days of the public security organ of the traffic management department as of the date of written application for mediation, the public security organ for traffic management departments should be mediation.

The term for the traffic administrative department of the public security organ four, mediation traffic accident damage for ten days. Cause of death, for the funeral of time from the provisions of the date of the end of the beginning; injuries, starting from the date of the end of the treatment; disabled because of injury, from the beginning of the date of the residual; causing the loss of property, start from the date of loss.

The traffic control department of the public security organ shall specify the time, place and the mediation, and in time of three days notice Party mediation. Oral notice to the mediation record shall be. Mediation participants unable to participate in the mediation, conciliation shall be at a predetermined time notify the contractor of the traffic police, request conciliation time.

Five, traffic accident mediation participants include:

(a) the parties and their agents in traffic accidents;

(two) the traffic accident vehicle owners or managers;

(three) other personnel need to participate in the traffic administrative department of the public security organ that.

The agent shall issue a signed or sealed by the principal of authorization.

The power of attorney shall specify the matters entrusted and permissions.

To participate in the mediation, a party shall not exceed three.

The traffic administrative department of the public security organ shall appoint six, two traffic police mediation. Take an open way of mediation, conciliation shall be released ahead of time, allow the auditor to mediation, but the request of the parties may not be disclosed except.

Seven, mediating the dispute of compensation for traffic accident damage, the implementation in accordance with the following procedures:

 (a) the traffic accident;

 (two) read the traffic accident report;

 (three) the severity of the behavior analysis of traffic accidents as well as the role of the fault, and the education of the party;

 (four) according to the traffic accident responsibility confirmation that the parties and the "Regulations of the people's Republic of China Road Traffic Safety Law" in article seventy-sixth, the parties bear the liability for damages;

 (five) the calculation of compensation for personal injury and property loss to determine the total amount of contribution, the parties. Cause personal injury, calculated in accordance with the "Regulations on certain issues concerning the application of law in the trial of personal injury compensation case explanation" compensation items and standards of the Supreme People's court. The repair costs, discount compensation fees in accordance with the assessment of the actual value or assessment agencies conclusion calculation;

 (six) determine the form of compensation.

 Damage to the traffic accident, mediation according to the fair, reasonable, the voluntary principle.

Eight, if an agreement is reached through mediation, the traffic control department of the public security organ mediation, the parties signed, are communicated to the parties.

 The conciliation statement shall include the following contents:

 (a) the traffic accident brief and losses;

 (two) the damage compensation liability;

 (three) the items and amount of compensation for damage;

 (four) the parties voluntarily negotiated consensus;

 (five) the compensation way and deadline;

 (six) the mediation end date.

 Compensation by the parties to the handover, the request of the parties to the traffic police, traffic police can be referred to, and recorded in the mediation.

 Where no agreement is reached through mediation, the traffic control department of the public security organ shall be the end of the book to the parties make a mediation, conciliation shall specify the reasons did not reach an agreement.

Ten, the parties without justifiable reasons not to participate in mediation or the mediation process to give up, the traffic control department of the public security organ shall terminate the mediation.

Eleven, any of the following circumstances, does not apply mediation, the traffic police in the accident report shall specify the relevant circumstances, the accident report to the party:

 (a) the parties do not provide evidence of a traffic accident, because of the scene changes, loss of evidence, the traffic police can not verify the traffic accident facts;

 (two) the parties to a traffic accident identified;

 (three) the parties refused to sign the book in the accident;

 (four) the parties do not agree to mediation by the traffic police.

The preceding paragraph is the one of the parties fails to perform or mediation fails to reach agreement after the entry into force and mediation, the parties may bring a civil lawsuit to the people's court.

 

Take full responsibility for what kind of situation?

The escape or vandalism, falsifies the scene, destruction of evidence, the responsibility of traffic accident can not be identified, ought to bear full responsibility.

One of the parties report the conditions and did not report or did not promptly report, make the traffic accident responsibility can not be identified, ought to bear full responsibility.

The parties report the conditions and were not reported or not in time report to the police, the traffic accident responsibility can not be identified, should bear equal responsibility. But the motor vehicle and non motor vehicle, pedestrian traffic accident, the vehicle shall bear the main responsibility, non motor vehicle, pedestrian side negative secondary responsibility.

Traffic accident mediation after the end of prosecution is period of validity?

The traffic accident, if related to personal injury, limitation of actions is one year, if not, is two years.

From the traffic accident mediation concluded second days after the start of calculation,

For the two00Four years later in May, a traffic accident, can not bring a suit directly through mediation.

Interruption or suspension of limitation of action in may.

If you are a passenger traffic accident, the prosecution transport, can in two years by the contract of carriage filed.

 

After a traffic accident, you apply for property preservation before litigation?

For example, some engaged in the operation of the vehicle once the Court adopted the preservation measures, the operation must be affected, the party will become very active, rather than drag, Lai, in order to solve as soon as possible;

For the foreign cars, if not for the pre litigation preservation, the traffic police department in the seizure of vehicles10Future must put a car, so is likely to cause the driver fled, trial and execution of cases will not. And take the pre litigation preservation measures, seize the vehicle, often take the initiative to find the court mediation, so not only the victims receive timely treatment, also can let the perpetrators timely retrieval vehicles, to restore the loss;

For some official car accident, once the preservation measures, the Party considered to cause inconvenience to the car, in settling disputes, but also very active.

Therefore, measures for the preservation of property before litigation, makes some simple disputes without litigation in filing to mediation. Of course, legal consciousness, the victim's rights awareness, growing awareness for the preservation of evidence is an important reason for property preservation before litigation the rapid rise in the number of. Tips

The reporter learns, traffic accident parties to apply for property preservation before litigation to the court having jurisdiction on the court put forward, to provide a written application to the court; the accident vehicle certificate copy, accident drivers license a copy of each; ID card copy of the applicant, the applicant should provide guarantee and pay the preservation cost.

 

Property preservation before litigation legal basis:

"PRC Civil Procedure Law" article ninety-third:

An interested person in case of emergency, do not immediately apply for property preservation shall protect the lawful rights and interests of irreparable harm to adopt property preservation measures, may apply to a people's court. The applicant shall provide guaranty, does not provide the guaranty, rejecting the application.

The people's court after accepting the application, shall make a ruling within forty-eight hours, order the adoption of measures for the preservation of property, it shall be enforced immediately.

The applicant does not sue within fifteen days after the people's court has adopted the preservation measures, the people's court shall cancel the property preservation.

 

What is the range of road traffic accidents in the "road"?

"Road" refers to the highway, city road and although the unit jurisdiction but allows the society of motor vehicle traffic, including the following:

(1Highway. Highway in accordance with its position in the highway network, divided into national, provincial, county and township road. Including road and highway bridges, highway tunnels and ferry.

(2Urban Rd. City road is the city to provide vehicles, pedestrians, with certain technical conditions of roads, bridges and ancillary facilities.

(3) belonging to the unit jurisdiction, but allows the society of motor vehicle traffic road. Such as Port Road, Airport Road, all social vehicles can pass freely, the pipeline are in accordance with the road.

(4The square). The square is refers to the city planning in the road within the land used for public gatherings,, rest, walking and traffic distribution site. (5Public Car Park. Such as mining, factory, forest, farm and other units built.

 

A traffic case need the evidence?

In the proceedings who master more evidence to support their claims court who is strong, the so-called "facts" in the law is to "speak with evidence", so the party should have the awareness of evidence. There are often some parties to chart a convenient not to collect evidence of active, resulting in great loss in litigation. For example, in this case as a disability appraisal costs to save hundreds of yuan, and do not identify the disabled, the induced could have obtained a few million disability compensation due to lack of supporting evidence is rejected by the court.

 Also in the lawsuit is not all the evidence is not conclusive, as in this case on the other side has the traffic accident responsibility confirmation that any strong evidence of a negative full responsibility, as a offered each other evidence of drunk driving, the overthrow of the traffic police department responsibility recognized book of responsibility, get the compensation. This also reflects the effective way to refute the other evidence in the proceedings is the evidence of the evidence, the party must always keep in mind the lawsuit is evidence in court, only "speak with evidence" to win! [legal] thirty-third people's court shall be served to the parties in the service of notice of proof case acceptance notice and notice of responding to action at the same time. People notice of proof shall be stated principles and requirements, allocation of burden of proof may apply to the people's court investigation, court case proof period case designated and provide evidence according to the legal consequences of overdue. The time limit for adducing evidence can be negotiated by the parties concerned, and accepted by the people's court. designated by the people's court proof deadline, the specified period shall not be less than thirty, since the client received the notification of acceptance and notice the next case. Method sixty-eighth to infringe upon the legitimate rights and interests or violating the legal prohibition of evidence, can not be used as the basis for ascertaining the facts of a case. Article sixty-ninth the following evidence alone cannot be used as the basis to determine the case facts: (a) made by a minor, his age and intelligence is not quite testimony; (two agent witness interested issued) and a party or the testimony; (three) doubtful audio-visual materials; (four) not with the original, the original check copies, copies; (five without justifiable reasons not to testify in court).3, "the people's Republic of China Road Traffic Safety Law" seventy-third article: traffic management departments of public security organs should be based on the traffic accident scene investigation, inspection, investigation and inspection, appraisal conclusion, timely production of traffic accident, as the handling of traffic accident. The traffic accident causes the basic facts, and the parties shall specify the traffic accident responsibility, and served on the party.4 , "road traffic accident handling procedures" article forty-sixth: the traffic administrative department of the public security organ after the inquest, inspection at the scene of the traffic accident scene investigation shall be from the date of making traffic accident within ten days of confirmation. Traffic accident, traffic accident within ten days after the traffic accident and seized the vehicle certificate. On the need for inspection, identification, testing, should be in the identification, the identification or re inspection within five days after the production of traffic accident. except not seized the traffic accident, the vehicle or unable to verify facts outside the traffic accident, traffic accident report shall contain the following contents: (one of the basic traffic accident parties), vehicle, road and traffic environment; (accident two) traffic basic facts; (three) the traffic accident evidence and formation analysis of the causes ; (four) the traffic accident caused by fault and responsibility. Traffic accidents shall be affixed with dedicated seal to deal with traffic accidents and traffic management departments of public security organs, respectively, by the parties, and inform the parties to apply for the traffic control department of the public security organ mediation period and file a civil lawsuit directly to the people's court right. Article forty-seventh: no traffic accident and seized the vehicle, traffic accident damages the requirements issued by the traffic accident, the traffic control department of the public security organ in ten days after receiving the written application for compensation for damage in traffic accident parties within the production of traffic accident, traffic accident as time, place, the victim and the in fact, there is evidence to prove that the victim is at fault, the victim's responsibility; no evidence of victim is at fault, the victim has no responsibility. And served on the traffic accident damage compensate party. Unable to verify if the fact of a traffic accident, the traffic control department of the public security organ shall make traffic accident, traffic accident time, location, the investigation and fact, respectively, by the parties.5, "the people's Republic of China Road Traffic Safety Law" article ninety-third traffic management departments of public security organs after the inquest, inspection at the scene of the traffic accident scene investigation should be in the date10Production of traffic accident days confirmation. On the need for inspection, identification, testing, should be in the identification results of the date of5Production of traffic accident days confirmation.7Seventy-sixth, motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation. More than some of the limits of liability, shall bear the liability for compensation in accordance with the following methods: (a) the traffic accidents between motor vehicles, the faulty party shall bear the liability; if both parties are at fault, in accordance with their respective proportion of fault responsibility. (two) motor vehicle and non motor vehicle traffic accidents, between the pedestrian, the motor vehicle shall bear the liabilities; however, there is evidence of non motor vehicle drivers, pedestrians in violation of road traffic safety laws and regulations, motor vehicle drivers have to take the necessary measures to reduce the disposal, motor vehicle liability side. The losses of the traffic accident is caused intentionally by the non motor vehicle drivers, pedestrians, motor vehicle shall not bear liability.

 

Stolen motor vehicle bear responsibility after the accident?

 

I released the "road traffic accident handling procedures" provisions of article tenth, the parties have other suspects, transfer departments, and notify the party concerned to file an incidental civil action for damages. Therefore, motor vehicle theft vehicle criminals use or others to use criminal theft crime, criminals were brought to solve the possession of the criminal supplementary civil action, the stolen vehicle all people as the general there is no fault liability for stolen motor vehicles, and therefore shall not bear any legal responsibility, including generation the liability for compensation.

Official Reply of the Supreme People's Court on a stolen motor vehicle accident who is liable for damages problem: you in the hospital for "" about the stolen motor vehicle accident after the accident escape by people who bear the liability for damages has been received. Through the research, the answers are as follows: the motor vehicles using theft, cause material losses of victims, the party shall be liable for damages in accordance with the law, all the stolen motor vehicle is not liable for damages. (Note: reproduced in tort liability law comes into effect, the direct legal basis)

 

20Responsible for accident

Rapid disposal of the scene of the accident has issued several regulations to further refine the parties since the operation procedure of withdrawal accident scene, but also clear20Full responsibility for the people responsible for accident, provides a strong basis for the parties as soon as possible a clear responsibility to remove the site.

In one of the following cases, the parties shall identify the fixed position of the vehicle, leave the scene alarm for processing.

 (a) the disputed facts of the accident;

 (two) a driver is drunk, driving without a license, driving without a license for motor vehicles.

 Worthy of attention is, in any of the following circumstances, the people should bear full responsibility for the accident.

 (a) before the car's rear end;

 (two) after the car reversing rear impact;

 (three) the car away;

 (four) are not required to switch the door;

 (five) the reverse traffic;

 (six) into the one-way or restricted road;

 (seven) change lanes without let this lane car;

 (eight) the branch car does not allow the road car;

 (nine) turning car does not allow direct driving;

 (ten) are not required to overtake;

 (eleven) are not required to turn around;

 (twelve) not according to the provisions of the meeting;

 (thirteen) in violation of traffic signal indication;

 (fourteen) when the release signal is not to let the placed driving;

 (fifteen) stop when the signal to turn right car does not allow be driving;

 Stop when the signal (sixteen)TJunction straight driving not let was driving;

 (seventeen) the branch regardless of the intersection, bus, tram not let non bus, tram;

 (eighteen) the branch is not divided, the car does not allow the right not to vehicles;

 (nineteen) vehicles to meet the same relative direction, turning left not make right turn vehicle;

 (twenty) enter the roundabout car does not allow roundabout car;

The new regulations according to the actual situation in part been adjusted, so as to make the driver from the withdrawal of the scene of the accident more operational.

 Bicycle accident: don't need certificate, can be self driving away; to provide certificates, alarm for processing.

 Two car accident: the amount of loss in the1000Yuan on the spot, and by consensus and settlement costs, can be self driving away; to provide certificates, report the traffic management departments of public security, police arrived at the scene to wait for formalities; the amount of loss in the1000Yuan or if the negotiations fail, or simply to determine the proportion of compensation, fill out the "confirmation" to the traffic accident processing department to handle the formalities.

 The new regulations "does not affect the traffic location" generally refers to the adjacent to the scene of the accident emergency parking strip, elevated Zadao mouth, bridge, tunnel etc. "zebra" guide line, adjacent roads, branch, non isolated openings on the traffic location influence small.

 

Against the relief way of traffic accident identification

The traffic police department in the treatment of road traffic accident, is the objective or subjective reasons made mistakes may, for the error that should have a correct channel. Before the implementation of the law on road traffic safety, a relative of the road traffic accident responsibility objection, can to the upper level of the traffic control department to apply for reconsideration. After the implementation of the law on road traffic safety, cancel the reconsideration procedure, also do not belong to the scope of administrative litigation. At present, in the save economic way of missing, meet how to solve such problem? The traffic police department to make traffic accident for boundaries, combined with case shows, each stage has the following remedies.

If a traffic accident, the book made before, on the basis of "traffic accident handling procedures" provisions of article forty-fourth, the traffic police department issued by the traffic accident is to make the inspection and appraisal, the parties have an application for re inspection, identification of opportunity for the inspection and authentication. The traffic police department to be a copy of identification of the conclusions to the inspection within two days after receiving the inspection and appraisal conclusion, if the party concerned refuses to accept the inspection, re inspection, identification is proposed after receiving inspection copy of identification of the conclusions of the three days of the application. Otherwise, the traffic accident report once made, the traffic police department for reconsideration is not in.

Two, made after traffic accident identification procedure before, traffic control departments have internal corrective obligations. "Traffic accident handling procedures" article sixty-sixth: the supervision department of the public security organ according to law, the public security organ of the traffic management departments and traffic police accident treatment work on-site supervision, law and discipline violations investigated and dealt with according to law. Traffic management departments of public security organ at a higher level to the lower traffic management departments to deal with traffic accidents to supervise the work, find errors should be corrected.

Three, to the stage of the proceedings, the relative person to traffic accident contents filed a lawsuit against, do not belong to the administrative case by the people's court range. Affirmation of traffic accident on the rights and obligations of relative person does not have a real impact, does not belong to directly adjust the specific administrative acts as the right of the person, property rights legal relationship. In general, always have the traffic accident, and then have the liability accident illegal acts of administrative punishment and criminal responsibility. Before the administrative punishment did not make, and that is not relative between must have filed a lawsuit against the legal interest. Therefore, the traffic accident identification content alone cannot bring an administrative lawsuit. However, the traffic accident is the traffic control department of the public security legal responsibilities. The new law article seventy-third gives the traffic administrative department of the public security accident duty, are in accordance with the current effective traffic management mode. If the traffic control department of the public security received the accident report, not in accordance with the law and the new "road traffic accident procedures" article forty-fifth, article forty-six, the provisions of article forty-seven and refused to make or exceeding the prescribed time limit could not make the traffic accident, constitutes the administrative omission, may cause a lack of authority of traffic accident liability effect of treatment, the civil compensation lawsuit litigant to traffic accident, criminal responsibility shall be investigated for their effect of crime of causing traffic casualties. Therefore, the traffic control department of the public security organ does not fulfill the traffic accident has in fact can be actionable, the parties can not as the grounds, to the court, request the public security organs shall perform their statutory duties.

According to the "procedures" to deal with traffic accidents, public security organs should be strictly in accordance with the administrative procedures to make traffic accident. The program has a simple procedure and the general procedure, should include on-site inspection, investigation, investigation and evidence collection, make traffic accident and traffic accident report until the stage of delivery. Inspection of the scene, filing, investigation and evidence collection, make traffic accident the procedure stage, can through the site map, investigation records, registration form, the evidence shows. The program is independent of entity value, illegal procedure also constitute a violation of administrative law, is a violation of the rights of the relative person, should bear the responsibility of administrative law. If the public security organs in the making of traffic accident in violation of legal procedure, the rights of the relative person affected, relative person could then filed a lawsuit; if the other party is in accordance with the traffic accident civil lawsuit, the court can not make the identification recognition.

 

Traffic accident processing time schedule

Jurisdiction dispute accident jurisdictional disputes submitted to the common public security organ at a higher level,The superior public security department should be in24Make a decision and notify the parties within hours after alarming evidence submitted

If the parties fail to alarm at the scene of the accident, the traffic control department of the post request processing,Accident evidence from request date10Submit inspection days

The need for the parties, the spirit of the body, physiological, vehicle inspection and appraisal,Should examine the scene node speed date5Days appoint professional appraisal department inspection

Examination of the time should be in the20Days, postponed by public security traffic department approval may be extended10Day, approval transfinite reported to the Provincial Public Security Department of transportation.

Public security traffic department get results after inspection shall be2Days of the conclusion of a copy of the parties  The party has any objection to the inspection and authentication conclusion after receiving inspection and appraisal conclusion3Days to entrust other qualified institutions re examination and inform the Public Security Department of transportation

Disposal of dead

Shall notify the family of the deceased examination after the end of 10For the funeral of days

Nameless dead10Days unclaimed by the public security traffic department at or above the county level is responsible for the approval process

The accident responsibility confirmation from the crime scene, test10Days to

After the accident, escape, escape self-examination by people or vehicles as of the date of10Days to

Not seized from the parties to apply date10Days to

The need for inspection and appraisal is determined from the date of the inspection and authentication5Days to

Accident mediation

The parties agree to apply for the accident of traffic police department accident mediation after receiving the accident responsibility confirmation date10Present a written application for days

Mediation period Public Security Department of transportation accident damage compensation10Day

From the day after the funeral of death, injury, disability from the end of the treatment, the residues from the date of loss, causing the loss of property from the date of10Day

Malpractice litigation

On the personal injury lawsuits from know should know the date1Years  Civil litigation procedure is a general2Years

The people's court shall in the case within five days from the date of send a copy of the indictment to the defendant, the defendant has present a written reply within fifteen days of the date of the receipt. 5Days to send a copy of the indictment to the defendant, the defendant at the date of receipt of the15In the pleadings.   The people's court receives a statement of complaint or an oral complaint, upon examination, that meet the conditions of prosecution, shall be filed within seven days, and notify the party concerned; it does not meet the conditions of prosecution, shall make a ruling within seven days will not be accepted; the plaintiff is dissatisfied with the ruling, it may file an appeal. In the7Days put on record and notify the parties concerned; the complaint does not meet the requirements, should be in the7Ruled inadmissible days; the plaintiff is dissatisfied with the ruling, it may file an appeal.

 The composition of the collegiate bench. Should be in3Days to inform the parties

 The people's court shall apply the ordinary procedure case, should be in the6Months,If extension is needed, approved by the president of the court, can be extended to six months; also need to extend, be approved by the people's court at a higher level.

Appeals people's court trying a case on appeal, within three months after they have been placed on file in the second day

The people's court trying a case on appeal against a ruling, shall make a final decision within thirty days from the date of filing in the second instance

The people's court shall in the case within five days from the date of send a copy of the indictment to the defendant, the defendant has present a written reply within fifteen days of the date of the receipt. 5Days to send a copy of the indictment to the defendant, the defendant at the date of receipt of the15In the pleadings.   The people's court receives a statement of complaint or an oral complaint, upon examination, that meet the conditions of prosecution, shall be filed within seven days, and notify the party concerned; it does not meet the conditions of prosecution, shall make a ruling within seven days will not be accepted; the plaintiff is dissatisfied with the ruling, it may file an appeal. In the7Days put on record and notify the parties concerned; the complaint does not meet the requirements, should be in the7Ruled inadmissible days; the plaintiff is dissatisfied with the ruling, it may file an appeal.

The composition of the collegiate bench. Should be in3Days to inform the parties

The people's court shall apply the ordinary procedure case, should be in the6If extension is needed to complete a month, approved by the president of the court, can be extended to six months; also need to extend, be approved by the people's court at a higher level.

Appeal cases

The people's court trying a case on appeal, the second instance shall be put on record date

The people's court trying a case on appeal against a ruling, shall be concluded within three months from the date of filing in the second instance  Make a final decision within thirty days.

 

Unqualified motor vehicles in traffic accident responsibility

"Consumer protection law," the people's Republic of China, thirty-fifth of consumers in the purchase, use of goods, the legitimate rights and interests are infringed, may demand compensation from the seller. Where the responsibility lies with the producer or another seller that provides the commodities to the seller, the seller, after settling compensation, shall have the right to recover such compensation from that producer or that other seller.

A consumer or other injured party whose person or property is harmed due to a commodity defect may demand compensation from the seller or may also demand compensation from the producer. Where the responsibility lies with the producer, the seller, after settling compensation, shall have the right to recover from the producer. Where the responsibility lies with the seller, the producer, after settling compensation, shall have the right to recover such compensation from the seller.

A consumer whose legal rights and interests are harmed during the receipt of a service may demand compensation from the provider of that service. Unqualified motor vehicles caused by traffic accidents responsibility shall be borne by the manufacturers and dealers are.

Note: reproduced in Weihai lawyer, the original address:Http://www.wh-lawyer.com/v299.html