After a traffic accident, if you suffer losses, how to claim compensation and what is the process of rights protection?This article will briefly talk about it.
1. Accidents
(1) There was no police report
After a traffic accident, some people may give up calling the police and choose to go private because the loss is small. In cases where the damage is certain and small, we encourage this method of dispute resolution, as it can greatly reduce the subsequent trivialities.
But we should be aware of both of these things:
1. If you are private, it is difficult to claim compensation from the insurance company on the grounds of an accident.
2. If you are dissatisfied with the private results and want to call the police afterwards to get the traffic police department to deal with it or even file a lawsuit with the court, you generally need to prepare sufficient evidence to prove the process of the accident and the fault of the other party.
(2) There was no police at the scene, and the police were called afterwards
After a traffic accident, if the police are called after evacuating the scene, the traffic police department may refuse to accept the case because there is insufficient evidence to prove the real existence of the accident.
After the traffic police department refuses to accept the case, we can still file a lawsuit with the court to protect our rights and claim compensation, but we still have to provide sufficient evidence to prove the process of the accident. Under normal circumstances, the traffic police department is unable to accept the case, and it is likely to lose the case due to insufficient evidence in the court.
Regulations on Procedures for Handling Road Traffic Accidents (revised in 2017).
18th road traffic accident after the parties did not call the police, after the scene of the accident was removed, the parties and the police requested the traffic management department of the public security organs to deal with, the traffic management department of the public security organs shall be recorded in accordance with the provisions of article 16 of the record, and within three days to make a decision on whether to accept the case.
After verifying the existence of a road traffic accident, the traffic management department of the public security organ shall accept it and make a registration form for accepting the case;If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall within the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained.
(3) On-site alarm
After a traffic accident occurs, if the police are reported at the scene of the accident, the traffic police department shall dispatch the police and accept the case in accordance with the law.
Regulations on Procedures for Handling Road Traffic Accidents (revised in 2017).
16th public security organs and their traffic management departments received alarms, shall accept ,......
Article 17 After receiving the road traffic accident alarm, it is necessary to send personnel to the scene to deal with it, or if it receives an order to dispatch the police, the traffic management department of the public security organ shall immediately send the traffic police to the scene.
Second, the traffic police to deal with
From the perspective of rights protection, there are two main roles for the traffic police to deal with cases after accidents:
1. Prepare the "Road Traffic Accident Identification Certificate", investigate and indicate the parties involved in the accident, the insurance situation, the accident process, the analysis of the cause of the accident, the fault and responsibility of all parties, etc., and the "Road Traffic Accident Identification" will become an important evidence for insurance claims and litigation to the court in the future. How to protect rights if you are not satisfied with the finding?This was mentioned in the article "After the Traffic Accident Police". 2. Compensation mediation can only be carried out under the premise of the consent of all parties. It should be noted that if a claim is to be made by the relevant insurance company, the mediation must also be carried out with the participation of the insurance company.
Regulations on Procedures for Handling Road Traffic Accidents (revised in 2017).
Article 64 The road traffic accident determination document shall contain the following contents:
1) Basic information such as the parties, vehicles, roads, and traffic environment of road traffic accidents;
2) How the road traffic accident occurred;
3) Evidence of road traffic accidents and analysis of the causes of accidents;
4) The fault and responsibility of the parties involved in the road traffic accident or the cause of the accident;
5) The name and date of the traffic management department of the public security organ that made the determination of the road traffic accident.
The road traffic accident identification document shall be signed or sealed by the traffic police, and stamped with the special seal of the traffic management department of the public security organ for handling road traffic accidents.
3. Trial by the court
If the parties are unable to reach a private settlement or mediation, the injured party can only sue the court to defend its rights and claim compensation, and the court will hear and make a judgment in accordance with the law.
If the parties have reached mediation privately or reached mediation, but the result has not been judicially confirmed, and one of the parties is dissatisfied with the result (such as feeling that the compensation is too much, the compensation is less, or the actual performance has not been performed, etc.), it can still only file a lawsuit with the court to protect its rights, and the court will hear and make a judgment in accordance with the law.
In either case, the traffic police should generally file a lawsuit with the court to protect their rights after the traffic police have dealt with it in accordance with the law (i.e., making a "Road Traffic Accident Determination" or refusing to accept the case).
4. Insurance claims or court enforcement
After the judgment rendered by the court takes effect, if it is determined which party to pay compensation, the plaintiff may claim compensation from them on its own according to the judgment result. If the indemnifying party is the insurance company, the insurance company will enter the claim process and basically get the compensation, but it is only a matter of time;If the indemnifying party is not an insurance company and still refuses to compensate after the performance period determined by the judgment, the plaintiff can only apply to the court for compulsory enforcement, and whether the compensation can be obtained depends on the indemnifying party's willingness to compensate and the result of enforcement.
Legal basis:
Regulations on Procedures for Handling Road Traffic Accidents (revised in 2017).