When many people encounter traffic accidents, they will prefer the "private" method, feeling that it saves time, effort, low cost, and fast compensation. Private: It means to settle the knot privately without going through judicial formalities. So, after the traffic accident is "private", can you still regret it?
Netizen consultation:
After the traffic accident is "private", can the person concerned still regret it?
Lawyer answers:
At the legal level, it is legal and effective to deal with minor traffic accidents "privately". Generally speaking, a traffic accident compensation agreement is signed on a voluntary and legal basis and has legal effect. If various factors have been taken into account in the "private" agreement, and both parties voluntarily sign it, and then repent, only because there is a deviation in part of the amount, and sue the court to request revocation or determination that the agreement is invalid, the general court will not support it. However, if the severity of the injury was not recognized at that time, and the injury was later assessed to be serious, and the loss caused by the injury was too different from the agreement, in this case, it can be determined that the compensation agreement is a major misunderstanding or shows fairness.
Lawyer adds:
In the event of a property damage accident between a motor vehicle or a motor vehicle or a non-motor vehicle, the parties shall, under the principle of ensuring safety, fix the evidence by taking photos at the scene or marking the location of the accident vehicle, and then immediately evacuate the scene, move the vehicle to a location that does not obstruct traffic, and then negotiate to deal with the matter of compensation for damages. In the event of a property damage accident between a non-motorized vehicle and a non-motorized vehicle or pedestrian, the parties shall first evacuate the scene and then negotiate to deal with the matter of compensation for damages.
In the event of a property damage accident that can be handled through negotiation, the parties can negotiate and deal with it through the InternetIf the parties have disputes about the facts and causes, they can jointly apply to the traffic management department of the public security organ through the Internet to determine the responsibility of the parties. Where the parties call the police, the traffic police and auxiliary police personnel may guide the parties to negotiate and handle it on their own. Where the parties request that the traffic police appear at the scene to handle the matter, the traffic police shall be assigned to the scene to investigate and handle it.
Legal basis] Provisions on Procedures for Handling Road Traffic Accidents
Article 19: In the event of a property damage accident between a motor vehicle and a motor vehicle, or between a motor vehicle and a non-motor vehicle, the parties shall, under the principle of ensuring safety, fix the evidence by means such as taking photos at the scene or marking the location of the accident vehicle, immediately evacuate the scene, move the vehicle to a location that does not obstruct traffic, and then negotiate to deal with the matter of compensation for damages, except in the circumstances provided for in the first paragraph of Article 13 of these Provisions.
In the event of a property damage accident between a non-motorized vehicle and a non-motorized vehicle or pedestrian, the parties shall first evacuate the scene and then negotiate to deal with the matter of compensation for damages.
For those who should have evacuated the scene on their own but did not evacuate, the traffic police shall order the parties to evacuate the scene;If a traffic jam is caused, the driver shall be fined 200 yuan.
Lawyer Ding Lanzhen profile
He is a member of the Lvliang Law Society, a lawyer representative of the Lvliang Lawyers Association, a deputy director and partner of Shanxi Hanru Law Firm, and has participated in many major cases involving gangsters and vices in Lvliang City.