If a traffic accident occurs, but there is no evidence at the scene of the accident, the traffic police may collect records of vehicle driving recorders, satellite positioning devices, technical monitoring equipment and other evidence materials related to the accident from relevant units and individuals. Or organize the parties to identify the vehicle.
1. There is no direct evidence of a traffic accident?
1. Confirm the division of responsibility for traffic accidents.
The traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their actions in road traffic accidents and the severity of their faults. If a road traffic accident is caused by the fault of one party, it shall take full responsibility; If a road traffic accident occurs due to the fault of two or more parties, they shall bear the primary responsibility, equal responsibility and secondary responsibility respectively according to the role played by their actions in the accident and the severity of the fault; Neither party who caused the road traffic accident was at fault. If it is a traffic accident, neither party is responsible. If one party intentionally causes a road traffic accident, the other party shall not bear the responsibility. Provincial public security organs may, in accordance with relevant laws and regulations, formulate specific rules or standards for the determination of responsibility for road traffic accidents.
2, collect other evidence of traffic accidents
Plaintiff's identity card, which is used to prove the plaintiff's subject qualification; ID card of the legal representative, which proves the identity of the legal representative (note: it is mainly applicable to minors, mental patients and adults who need guardianship); Proof of kinship, which is used to prove the kinship between the plaintiff and the deceased or injured, and whether there is actual support, support and dependency (mainly including marriage certificate, household registration book, village or neighborhood Committee certificate, unit certificate, etc.). ); Guardianship certificate, which proves the fact that there is a guardianship relationship between the legal representative and the plaintiff (note: it is mainly applicable to minors, mental patients and adults who need guardianship); Proof of the identity of the deceased, matters to prove the identity of the deceased (applicable to death cases); The identity certificate of the defendant, which is used to prove the identity of the defendant (applicable to cases where the defendant is an individual); The defendant's industrial and commercial registration information, which proves the defendant's subject qualification (applicable to cases where the defendant is the unit);
Second, the road
First of all, the traffic management department of the public security organ should determine the responsibility of the parties according to the role played by their actions in road traffic accidents and the severity of their faults; Secondly, we should collect other valid evidence, such as the plaintiff's ID card, the legal representative's ID card, proof of kinship, etc.
Passengers, drivers of passing vehicles and passers-by shall give assistance. If a traffic accident occurs on the road, causing no personal injury or death, and the parties concerned have no dispute over the facts and reasons, they can immediately evacuate the scene, resume traffic and negotiate for damages; If it is impossible to leave the scene immediately, it shall promptly report to the traffic police on duty or the traffic management department of the public security organ. If there is a traffic accident on the road, which only causes minor property losses and the basic facts are clear, the parties concerned should evacuate the scene first and then negotiate.
1, call the police
This is a crucial step. Calling the police at the first time helps to fix the scene of the accident and clarify the responsibilities of both parties. And the possibility that the perpetrator drinks alcohol is not ruled out.
2. Wait for the traffic police department to issue a traffic accident certificate.
The traffic accident certificate issued by the traffic police department is the most powerful evidence to distinguish the responsibilities of both parties, and the court generally recognizes the proportion of responsibilities in the traffic accident certificate.
In addition to specifying the specific insured unit, the traffic accident certificate will also divide the responsibilities of both parties into three situations: full responsibility, primary and secondary responsibility and equal responsibility.
3. Criminal responsibility
Those who cause serious injury or death and bear all or the main responsibility for the accident may be suspected of causing traffic accidents.
Traffic accidents in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
In practice, the crime of causing traffic accidents can be suspended, but only if the understanding of family members is obtained. Under normal circumstances, the family members understand that in addition to obtaining the full compensation prescribed by law, the offender needs to make additional compensation.
4. Compensation amount of compulsory insurance and commercial insurance
The compensation limit for death and disability is 1 10000 yuan, the compensation limit for medical expenses is 10000 yuan, the compensation limit for property losses is 2000 yuan, and the maximum compensation amount is 122000 yuan.
In other words, the compensation amount of compulsory insurance is fixed, and there are limits for different projects. If the excess is paid by commercial insurance, it shall be made up by the actor.
Procedures for handling traffic accidents
Article 12 of the Procedures for Handling Road Traffic Accidents: If a party fails to report to the police at the scene of a road traffic accident and requests the traffic management department of the public security organ to handle it afterwards, the traffic management department of the public security organ shall record it in accordance with the provisions of Article 10 of these Provisions and make a decision on whether to accept it within three days. After verifying the existence of road traffic accidents, the traffic administrative department of the public security organ shall accept them and inform the parties concerned; If it is impossible to prove the existence of a road traffic accident after verification, or if it is not under the jurisdiction of the traffic management department of the public security organ, it shall inform the parties in writing and explain the reasons. Article 50 If the cause of a road traffic accident cannot be ascertained, the traffic administrative department of the public security organ shall issue a letter of confirmation of the road traffic accident, stating the time and place of the road traffic accident, the situation of the parties and the investigation facts, and serve them on the parties respectively.
According to Article 50 of the Procedures for Handling Road Traffic Accidents, if the traffic police department cannot find out the cause of the road traffic accident, it shall issue a Letter of Confirmation of the Road Traffic Accident (for those who can find out the cause of the road traffic accident, the traffic police department shall issue a Letter of Confirmation of the Road Traffic Accident). The letter of confirmation shall specify the time and place of the road traffic accident, the situation of the parties and the facts obtained by the traffic police investigation, but shall not identify the responsibility for the accident. The traffic police department shall, in accordance with the law, serve the "Certificate of Road Traffic Accidents" on the parties respectively. In judicial practice, if both parties are motor vehicles, a traffic accident for which the traffic police department does not identify the responsibility is generally handled according to the fact that both parties bear 50% of the responsibility.
Traffic accident cases are complicated, which may involve the identification of disability and nursing degree. And mental damage compensation, appraisal fees, and how to prosecute non-medical insurance drugs. It is recommended to entrust a professional lawyer to handle it. The amount of compensation obtained by lawyers can often far exceed the amount of compensation estimated by the injured and their families themselves.
legal ground
Provisions on procedures for handling road traffic accidents
Twelfth China People's Liberation Army, Chinese People's Armed Police Force personnel and vehicles in road traffic accidents, in accordance with the provisions. The motor vehicle driver's license issued by China People's Liberation Army and Chinese People's Armed Police Force shall be revoked or cancelled according to law, and active servicemen who are subject to administrative detention or criminal responsibility shall be handed over to the relevant departments of China People's Liberation Army and Chinese People's Armed Police Force for handling.
Road traffic accidents caused by tractors driving on the road shall be handled in accordance with these regulations. If the traffic administrative department of the public security organ temporarily suspends, revokes or cancels the driver's license or scores according to law, it shall inform the relevant agricultural (agricultural machinery) departments of the handling decisions and scores. If the driver's license is revoked or cancelled, it shall also be sent to the relevant agricultural (agricultural machinery) authorities.
Thirty-seventh due to the need of investigation, the traffic administrative department of the public security organ may obtain the records of automobile driving recorders, satellite positioning devices, technical monitoring equipment and other evidence materials related to the accident from the relevant units and individuals.
Fiftieth inspection and appraisal fees shall be borne by the traffic administrative department of the public security organ, unless otherwise stipulated by laws and regulations or the parties themselves entrust disability assessment and property loss assessment.