Traffic accident filing process

1. Call the police in time. After a traffic accident occurs, you should call the police promptly, protect the accident scene, and wait for the traffic police to dispatch. 2. Wait for the accident certificate. After the traffic police dispatch the police, they will issue an accident determination letter and divide the responsibilities of both parties based on the situation on the scene and after comprehensive consideration. 3. Request compensation through mediation or litigation. The injured party and the offending party can request the traffic police department to mediate or mediate on their own. If mediation fails, they can file a lawsuit in court.

Legal Analysis

The handling of traffic accidents can be roughly divided into the following steps: 1. Accept the report. After receiving the report from the parties or other persons, the public security and traffic management department will file the case according to the jurisdiction. 2. On-site processing. After accepting the case, the public security and traffic management department immediately sent personnel to the scene to rescue the injured and property, survey the scene, and collect evidence. 3. On the basis of ascertaining the facts of the traffic accident, the public security and traffic management department shall determine the liability of the party involved in the traffic accident based on the cause-and-effect relationship between the traffic accident party's violation and the traffic accident, etc. 4. Judgment and punishment. The public security and traffic management department shall, in accordance with relevant regulations, give warnings, fines, suspensions, revoking of driver's licenses or detention to those responsible for the accident. 5. Damage compensation mediation. Compensation for personal injuries, deaths and economic losses caused by traffic accidents shall be based on relevant regulations and compensation standards, and the corresponding compensation ratio shall be divided according to the accident liability, and the public security and traffic management department shall convene both parties for mediation. Both parties agree to reach an agreement, and the accident mediator will prepare and issue a damage compensation mediation letter. 6. File a lawsuit in court. If the mediation between the two parties fails within the statutory time limit, the public security and traffic management department shall terminate the mediation and issue a mediation termination letter, and the parties shall file a civil lawsuit in court.

Legal Basis

"Regulations on the Implementation of the Road Traffic Safety Law of the People's Republic of China" Article 86 Motor vehicles and motor vehicles, motor vehicles and non-motor vehicles on the road If a traffic accident does not result in personal injury or death, and the parties have no dispute over the facts and causes, they shall record the time and place of the traffic accident, the name and contact information of the other party, the vehicle license plate number, driver's license number, insurance certificate number, and the location of the collision. , and after signing the agreement, evacuate the scene and negotiate for damage compensation on your own. If the parties involved dispute the facts and causes of the traffic accident, they should promptly report to the police.