In December 12, 2008, Wuhan Municipal Traffic Management Bureau, province, China Insurance Regulatory Commission jointly held the second Wuhan City motor vehicle damage accident insurance claims service center conference, meeting requirements of Wuhan City Intermediate People's court two court, Wuhan City Price Bureau, Wuhan city management service, Wuhan city bus, bus group, the people's insurance, Taiping Insurance, Ping An insurance, Hubei Weili law firms and other related units, were "The Wuhan City motor vehicle traffic accident damage by negotiation approach (Draft)"Research and related documents.

 

 

   Lawyer Li Tao at the meeting of the"The Wuhan City motor vehicle traffic accident damage by negotiation approach (Draft)"(see Annex) expressed in a series of opinions, suggestions. Lawyer Li Tao is the second time to participate in the conference, the two conference of"The Wuhan City motor vehicle traffic accident damage by negotiation approach "architecture, ideas, ideas, steps and put forward many useful suggestions, hoping to help related departments to formulate rules.

 

 

   In the meeting, everybody also to insurance information platform, floating rate and traffic violation, traffic accidents, traffic accidents linked insurance service center operation problems discussed. Achieved very good results!!!

 

 

 

 

 

Annex:

 

Wuhan City motor vehicle traffic accident loss

The parties to negotiate processing approach (Draft)

 

Article 1  In order to improve the efficiency of road, reduce the impact of traffic accidents on road traffic, to facilitate the parties negotiating, fast processing of motor vehicle traffic accident damage, according to "the people's Republic of China Road Traffic Safety Law", "motor vehicle traffic accident liability compulsory insurance regulations" and other relevant laws, regulations, the enactment of this approach.

Article second  The present Measures shall be applicable to the city is no casualties occurred and caused only slight injury, loss of property between the road traffic accident vehicle parties have dispute over the facts and causes of the accident.

The provincial, city motor vehicle insurance company issued certificates of compulsory insurance and commercial insurance, this approach is not applicable.

Article third  Property damage accident between motor vehicles, the vehicle can move, the parties shall in principle of ensuring the safety of the scene photography, video or marking vehicle accident site location, fixed position of the vehicle, road condition, vehicle license plate and accident loss of evidence, immediately withdraw from the scene, the vehicle to do not impede traffic location, negotiation in dealing with the issue of compensation to.

In one of the following cases, the parties should protect the scene and immediately report to the police:

(a) motor vehicle without license, no conformity inspection mark, no insurance mark;

(two) collision buildings, public facilities or other facilities;

(three) driving without a valid motor vehicle driver's license;

(four) the driver drinking, taking state control of psychotropic drugs or MA

Narcotics;

(five) the parties are not self moving vehicle.

Article fourth  The city will be in the relevant enterprises voluntarily providing places, set up a "center of traffic accident insurance claims service" (hereinafter referred to as the "service center"), a traffic accident insurance claims "one-stop" services. "Set up the service center", should be timely to the public, insurance claims procedures should be convenient for the masses, to meet the needs of the society.

Wuhan City Insurance Association Based on the consent of the property insurance company's ideas, can organize various property insurance companies in the insurance claims personnel to "service center", for the parties since the retreat site, negotiation of traffic accident insurance claims related to processing, and is responsible for the "service center" the daily management work.

"Traffic management departments of public security organs Service Center" location, "service center" should be given the necessary support, the establishment of road signs, maintenance of the surrounding road traffic order, the police in handling the accident, assist, with insurance companies to insurance claims service.

Article fifth  The parties in accordance with the provisions of the negotiation of damage accidents, need to claim to the insurance company, it shall report to the insurance company by telephone immediately withdraw from the scene, without affecting the Wuhan City vehicle damage traffic accident record book traffic place filled with records of traffic accident facts and related content "(hereinafter referred to as" "book of records"), "book of records" record the basic situation, the accident situation, indicating the vehicle collision point and accidents scene sketch, by the parties shall be determined jointly signed, and the mutual recognition of contact.

Traffic accident parties can select common vehicle accident near the car to the same "service center" for insurance claims procedures, can also choose to not affect the traffic of place waiting for the insurance company inspection, damage and negotiation insurance matters.

Article Sixth  At night21In the morning6When the time to collision between negotiation of motor vehicle traffic accident, should immediately report to the police. Police on duty after the report, should be carefully survey dent, identify the authenticity of identification documents accident, traffic accident parties, after confirmation by "accident", as the parties to insurance company claim.

Article seventh  Traffic accident parties apply for insurance claim in the "service center", shall be submitted to the insurance company to provide the driving license, driving permit, certificate of insurance, "book of records" and the relevant evidential materials. The insurance company accepts, according to "record book" records of the fact and the contract of insurance, to determine the compensation liability, and conduct an inquest and loss of damaged vehicles, according to "pay strong risk" and "commercial insurance" contract specific consultation with the parties in the limits of liability compensation matters.

A party intentionally does not handle or delay compensation, the other party may apply to a people's court for damages in civil litigation.

Article eighth  If the party has objection to the loss of insurance company, can apply for assessment before the vehicle fails to repair the evaluation mechanism has to assess eligibility. Any evaluation institutions to assess the traffic accident parties or the insurance company may, within three days after receipt of a separate assessment of evaluation conclusion, and to inform the traffic control department of the public security organ, the traffic control department of the public security organ shall record. Re evaluation is limited to one time.

Article ninth  Approved, the traffic accident caused property damages to the other party within the limits of liability compulsory insurance, the insurance company can make compensations in property damage compensation limit and no liability limits; property losses caused by traffic accidents each other more than cross strong insurance liability limit, and the parties according to the consultation process, by "record book" and related documents to the insurance company claims, traffic management department issued by the public security organs "accident", the parties may hold the "record" and related documents, the accident sent to "service center" within the science police to apply for.

Traffic accident caused property damage other than compulsory insurance liability limit, the excess part: the insurance, according to the responsibility in the accident bear the compensation from the insurance company according to the scope of liability and the proportion; if the parties fail to insurance, by the parties according to the proportion of liability and compensation.

Article tenth  Motor vehicle damage compensation for traffic accident rights and obligations agreed the request mediation traffic administrative department of the public security organ, the "accident" and assessment agencies "loss assessment opinions", present a written application for mediation to "service center" within the handling of the accident the police.

Article eleventh  The damage of traffic accident three or three party above the vehicle, where the basic facts are clear and consistent with the scene of the accident shall withdraw, can negotiate processing to refer to the present measures, fill out the "book" records, accident loss calculation and compensation method, according to the eighth, nine, ten set of rules.

Article twelfth  Parties meet their negotiation loss traffic accident processing conditions, not timely, active from the scene, the police on duty shall be ordered to evacuate, and coercive measures, detain the vehicle, driving license, transfer of accident processing department, the traffic violations by the upper limit of punishment and the score of deliberately blocking traffic, disturbed; order, causing serious traffic jam, punished in accordance with the "Regulations on the punishment of law" of the people's Republic of china.

Article thirteenth  Repair the accident vehicle, traffic accident by the parties or vehicle all people to choose their own decisions, no unit or individual may compel or designated repair.

Article fourteenth  All property insurance companies should be the insured vehicle, personnel and the three party insurance claims information timely delivery "Wuhan City vehicle joint information platform", the responsibility of accident compulsory insurance of floating rate in accordance with the law. "Wuhan City, a joint information platform for motor vehicles shall be set up early warning system" necessary, intentional accident or making a false traffic accident insurance scam is suspected to found, shall be timely reported to the public security organ shall place the case on file for investigation.

Where is the public security organ for investigation of the insurance fraud cases involved and insurance assessment institutions, defrauds insurance money by illegal practitioners, the relevant information into the insurance credit archives management information system; constitute a crime, shall be investigated for criminal responsibility according to law.

Article fifteenth  Motor vehicle drivers while driving a vehicle, should carry "book of records". "Book of records" by insurance companies, insurance agencies and "service center" to the insurant and the traffic accident parties provided free of charge.

Article sixteenth  These measures jointly responsible by Traffic Management Bureau of Wuhan City Public Security Bureau and China Insurance Regulatory Commission of Hubei Province Bureau of supervision to explain.

Article seventeenth  The present Measures shall2009Years Month The date of promulgation.

 

 

Attached: "Wuhan City motor vehicle damage traffic accident record book" (style)