Applicable principles

Article 1For the maintenance of the road traffic order, to improve traffic efficiency, to protect the legitimate rights and interests of traffic participants, according to "the people's Republic of China Road Traffic Safety Law", "the people's Republic of China Road Traffic Safety Law", "Regulations for the implementation of the road traffic accident handling procedures", "motor vehicle traffic accident liability compulsory insurance regulations" and "the Xinjiang Uygur Autonomous Region about 'the people's Republic of China Road Traffic Safety Law' implementation measures" and other laws and regulations, combined with the "road traffic accident actual processing the traffic accident of motor vehicles in Urumqi city since the retreat site damage, to discuss measures", for the implementation of this approach.

Article secondThe measures applicable to motor vehicles and motor vehicle, motor vehicle and non motor vehicle or a non motor vehicle and non motor vehicles, occurred in Urumqi city on the road, in accordance with the law applicable to a minor traffic accident of simple procedures or the parties negotiating process.

Article thirdA minor traffic accident that the implementation measures (hereinafter referred to as the traffic accidents caused by vehicles) is the only car, on the road from a slight loss or injury minor traffic accident.

Cause personnel injury minor traffic accident, upon application by the parties or by negotiation, the traffic control department of the public security may apply summary procedure.

Article fourthThe traffic accident happened:

(a) between motor vehicles only causes loss of vehicles, as long as the vehicle can still continue to travel or move;

(two) caused by non motor vehicle or other property losses, and unilateral loss amount is not more than 2000 yuan (unit: RMB, the same below).

Shall record the traffic accident basic facts immediately withdraw from the scene, restore the traffic, without prejudice to the road traffic location or place to discuss compensation, and in accordance with the provisions of the present Measures for implementation of fast processing procedures for.

To leave the scene without evacuation, the traffic police shall order the party concerned to withdraw from the scene; cause traffic jams, the driver shall impose a fine of 200 yuan, driving people to other illegal acts of road traffic safety, shall be punished.

　　Alarm and report

Article fifthA traffic accident, the parties to the traffic control department of the public security organ traffic police on duty or alarm, or by the involved parties to evacuate the scene, after consultations fail to reach an agreement alarm, by the traffic police in accordance with the summary procedure of traffic accident is implemented for fast processing.

Article SixthRoad traffic accidents occurred in any of the following circumstances, should protect the scene and immediately report to the police:

(a) resulted in death, injury;

(two) the vehicle without license, no conformity inspection mark, not the strong cross protection insurance;

(three) carries explosives, inflammable or explosive chemicals, toxic, radioactive, corrosive, infectious disease pathogens and other dangerous goods vehicle;

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

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

(six) the driver drinking, taking state control of psychotropic drugs or narcotics;

(seven) the parties are not self moving vehicle.

Property damage accident, and having one of the second to the fourth situation, the vehicle can move, the parties may in the alarm, in the principle of ensuring the safety of the scene photos or marking the parking position, the vehicle to do not impede traffic location for processing.

Article seventhFor leave, negotiation of traffic accident, the parties shall cover relates to insurance claims to their immediate insurance companies reported, obtain insurance report number, press the fast processing procedures.

Great property loss caused by traffic accidents, the insurance company after receiving the report, should be promptly reply whether on-site investigation or alarm, site survey, should guide the parties and vehicle without impeding traffic location or a safe place for accident investigation.

　　Accident and rapid processing program

Article eighthThe measures for traffic accident, a party to any of the following circumstances, all the responsibility of traffic accidents, and bear all liability for damages:

(a) the same lane vehicle hit the front car tail;

(two) through the passage or change lanes, not let the traffic in the lane;

(three) through no traffic signal control intersection or the traffic police command, not let the traffic signs, traffic line markings specified priority first party; or is in no logo, marking specified priority junction, not so that the road to the right of the first car;

(four) relative to the car, left turning vehicle is not so straight should yield to the vehicle or right turn vehicles do not let the left turning vehicles first;

(five) is not in accordance with the direction of the traffic signal lights pass or not in accordance with the traffic signs, marking instructions pass or not according to the traffic police command pass;

(six) the intersection vehicles off the road without first, after the release of vehicle did not yield;

(seven) on the road crossing is not required to pass or yield;

(eight) the reverse traffic;

(nine) beyond the front is turning left, turning, overtaking vehicle or the vehicle coming in the opposite direction will be possible to overtake;

(ten) at the intersections, narrow bridge, bend, steep slope, tunnel, pedestrian crossing the road when overtaking;

(eleven) on the road without center line or the same direction only a motorized vehicle lane, once the car right beyond the;

(twelve) when the front vehicle parking queue or running slowly from the front, on both sides of the vehicle driving with or beyond;

(thirteen) in the lane to reduce intersection, road, in front of vehicle queue or running slowly, not alternately enter the intersection, road;

(fourteen) in the prohibited U-turn U-turn or allow U-turn U-turn, not let the normal running of vehicles in advance;

(fifteen) backing, slipping, losing control of the vehicle collision with other vehicles;

(sixteen) in the special lane or entering the forbidden line;

(seventeen) the illegal parking in the vehicle;

(eighteen) the door switch to cause the traffic accident;

(nineteen) the vehicle access to parking, parking or by the roadside, non motor vehicle access road, park and normal vehicle traffic accident;

(twenty) the vehicle loading of goods over long, extra wide, ultra-high part or goods in the spill, resulting in traffic accidents in the process of dispersal;

(twenty-one) no vehicle traction according to the provisions of the traffic accidents;

(twenty-two) the unilateral of traffic accident.

Both parties have the above circumstances, the same responsibility of traffic accidents, and bear the responsibility of compensation for the corresponding damages.

More than three parties fault caused traffic accidents, according to the above terms and the responsibility principle to determine the traffic accident responsibility and bear the liability for damages.

Article ninthApplication of traffic accident to negotiate, leave, fast processing in accordance with the following procedures:

(a) after a traffic accident, the parties shall immediately open danger alarm flashlight;

(two) the mutual check driver's license, driving license and insurance certificate, the parties may use camera, taking pictures or text records and other means of fixed traffic accident facts and evidence, loss;

(three) immediately withdraw from the scene, the vehicle to do not impede traffic;

(four) the parties to report immediately to the respective vehicle insurance company, insurance company reported in number, fill out the "Urumqi City motor vehicle traffic accident loss negotiation protocol, record book" (hereinafter referred to as the "agreement", the record books). No "agreement, record book", in the form of texts and truthfully record the contents of the basic situation of traffic accident, the parties shall, on the "Protocol" record book or text to check, each holding a sign;

(five) the need for insurance claims, the parties shall in the evacuation of the scene of the accident, with the "agreement", the record books or writing materials and the relevant evidence, common to the nearest "Urumqi City motor vehicle traffic accident damage insurance claims rapid service in 24 hours" (hereinafter referred to as the "service center")For the survey, insurance and insurance claims procedures, such as special circumstances shall be applied for within 3 days.

Article tenthIf the parties have not the measures cited traffic violation fault causes the traffic accident, and unilateral property loss of 2000 yuan in the following, should be evacuated first, report to the respective insurance company, do not need to determine the responsibility of traffic accident scene, both sides to "service center".

The traffic police confirmed, for the traffic accident responsibility can not be identified, both sides bear equal responsibility, the insurance company according to the insurance to pay strong mutual touch self compensation processing.

Article eleventhProperty damage accident by the insurance company or assessment agencies approved, the actual loss of over 2000 yuan, may need to apply for the accident claims to "traffic accident service center" police room. Police room according to the parties concerned to provide "agreement", the record books or writing materials and the relevant evidence, make simple procedures "road traffic accident report after reviewing".

Article twelfthShall jointly request Party for damages for mediation, the traffic police according to the parties concerned to provide "agreement", the record books or writing materials and the relevant evidence, loss of vehicle evaluation sheet, the parties to determine the fault and the liability for compensation, the amount of compensation to mediate between the parties, compensation mode, and record the results of mediation simple procedures in "road traffic accident report", signed by the parties on the spot after delivery.

The parties to the road traffic accident have objection, do not agree to mediation or refused to sign the "simple procedures of road traffic accident report" on, does not apply mediation, the traffic police shall indicate the situation, on the spot by the parties.

If no agreement is reached through conciliation or mediation agreement and the negotiation of the agreement, the parties fails, any party can hold the "simple procedures road traffic accident certificate" or "agreement", the record books, bring a civil lawsuit to the people's court.

　　Insurance claims and disputes

Article thirteenthInsurance companies in a motor vehicle traffic accident report after the slight loss, should be timely guide the accident vehicle quickly leave the scene of the accident, the parties to complete the agreement, "guidance" inform "the record books, detailed address service center", "as soon as possible to the nearest service center" shall check the prospecting, damage, claims and other matters.

Article fourteenth "service center" is the Xinjiang Insurance Association organized the property insurance company and the Urumqi Municipal Public Security Bureau Traffic Police Detachment jointly set up relevant affairs, responsible for the traffic accident investigation, loss and duty, "one-stop" designated service center. The parties to insurance claims, shall apply to the insurance company to provide the driving license, driving permit, certificate of insurance, "protocol," and other related data record book. The insurance company based on "agreement, recording book" records of facts and insurance contract, conduct an inquest, the loss of damaged vehicles, according to the accident responsibility parties fault and assume the insurance claims, according to the insurance contract.

Article fifteenthOne of the parties bear the full responsibility of the accident, the general insurance company is responsible for both vehicle surveying, claims in accordance with the provisions of.

The non defaulting party losses in the part below 2000 yuan, compensation in insurance liability limit; exceed 2000 yuan part, compensation in the commercial insurance coverage; without insurance, the general Party shall bear the responsibility for compensation.

No responsible party for lossless or loss is smaller, do not ask for compensation, should be to "service center" with the claims processing, both to fill in the "agreement", record book. If no fault party can't fill out the "agreement", the record books, fully responsible party shall the non defaulting party license plate number, driver's name and contact way down.

Article sixteenthBoth parties have obligations to traffic accidents, the insurance company for the loss of the accident vehicle respectively. A slight loss can choose one insurance company for the loss, the insurance company shall accept the party for both vehicles surveying, and issued to the party involved both vehicles surveying report, assessment of loss and compensation insurance company required claims data.

(a) property losses both sides are not more than 2000 yuan, the insurance company on the basis of the survey report and assessment of loss, in insurance liability limit, are mutual touch self compensation processing.

(two) a loss of more than 2000 yuan, the insurance company accept Party shall notify the other party of insurance company joint survey. 2000 yuan part, by insurance companies in insurance liability limit compensation; part of more than 2000 yuan, according to the traffic accident compensation liability in commercial insurance coverage; not insurance, by the parties to the liability for compensation liability for traffic accident.

Article seventeenthThe parties to the "service center" insurance company property loss evaluation object, by negotiation not agree, can evaluate institutions jointly entrust the third party to a qualified assessment of loss.

The insurance companies charge or assessment agencies re approved are not recognized, they may apply for arbitration or bring a lawsuit to the people's court.

Article eighteenthAfter the accident, party to escape, the other party shall immediately report to the police, and report to the insurance company.

Application of rapid processing of the parties, in order to avoid duty or malicious not according to the provisions of the measures for the implementation of the "service center" to deal with claims procedures, the traffic control department of the public security organ after receiving the report, handling the case according to law. Constitute the escape behavior, according to the traffic accident escape punishment according to law.

The aggrieved party property loss review by the traffic control department of the public security organs, issued by the traffic accident that the insured, insurance business vehicles, by the insurance company in the business of insurance responsibility range according to insurance contract payment. The escape or evade the party seized, carried out in accordance with the law to recover.

Article nineteenthDeliberately, fictional traffic accident or by concealing the facts, fraud and other methods, using the traffic accident identification and record book "protocol," fraud claims, dealt with according to law by the public security organs, which constitutes a crime, shall be investigated for criminal responsibility according to law.

　　Insurance premium

Article twentiethThe insured motor vehicle road traffic accident ", according to the relevant provisions of motor vehicle traffic accident liability compulsory insurance regulations", the insurance company in accordance with the "Interim Measures" floating vehicle traffic accident responsibility compulsory insurance rate strong insurance premium and the road traffic accident responsibility, floating.

(a) the last year there was no liability in road traffic accident, the annual renewal of compulsory insurance, insurance rates downward float of 10%;

(two) two year there was no liability in road traffic accident, the annual renewal of compulsory insurance, insurance rates downward float of 20%;

(three) three and above year there was no liability in road traffic accident, the annual renewal of compulsory insurance, insurance rates downward float of 30%;

(four) the last year a liability but not involved in road traffic accident death, the annual renewal of compulsory insurance, insurance rates do not float;

(five) the last year occurred in two and more than two are responsible for road traffic accidents, the annual renewal of compulsory insurance, insurance rates go up 10%;

(six) the last year have responsibility for road traffic fatalities, the annual renewal of compulsory insurance, insurance rates go up 30%.

Article twenty-firstAll property insurance companies should be the insured vehicle, personnel and the three party insurance claims information timely delivery "Xinjiang vehicle joint information platform", the responsibility of traffic accident implement compulsory insurance floating premium in accordance with the law.

The traffic control department of the public security should be the traffic accident vehicle, personnel or violations of traffic safety information in a timely manner to "Xinjiang vehicle joint information platform". The floating mechanism of Xinjiang insurance industry will gradually implement compulsory insurance insurance premium and road traffic violations linked (specific to the Chinese CIRC Xinjiang Supervision Bureau relevant documents).

Supplementary articles

Article twenty-secondTraffic accident by the involved parties to use "agreement, record book" by the Urumqi Municipal Public Security Bureau and the China CIRC Xinjiang Supervision Bureau jointly produced, motor vehicle driver driving a vehicle, shall be provided with or carrying the "agreement", record book. "Agreement", the record books by the traffic control department of the insurance company, insurance agencies and the public free of charge to the insured and the traffic accident, the parties to provide.

Article twenty-thirdTraffic accident vehicle repair, by the parties or the insured person to choose their own decisions, no unit or individual may compel or designated repair.

Article twenty-fourthThe measures and the provisions of laws and regulations have not agreed, in accordance with the provisions of the implementation of laws and regulations.

Article twenty-fifthThe measures jointly responsible by the Urumqi Municipal Public Security Bureau and China Insurance Regulatory Commission Xinjiang office interpretation.

Article twenty-sixthThe measures shall be implemented as of January 20, 2011.

Urumqi City Public Security Bureau China Insurance Regulatory Commission Xinjiang Office