What should I do if I have an accident and have been insured?

Privatization will not harm the interests of third parties. It is a punishment for the rights of both parties. It's not illegal. In practice, many people choose reconciliation after traffic accidents, but the following matters should be paid attention to during reconciliation:

First, protect the site and maintain its own safety.

Protecting the scene of the accident is the primary procedure and link to deal with the accident. Its main functions are as follows: first, it can "calm down" the accident within a relatively safe range and prevent the occurrence of secondary accidents; Second, once the "reconciliation" fails and the police intervene in the investigation, protecting the scene is conducive to finding out the facts of the accident and distinguishing the responsibility for the accident, which is also the responsibility of the parties.

(1) Protecting the site is not only a legal obligation, but also a need for "settlement".

Article 70 of the Road Traffic Safety Law of the People's Republic of China clearly stipulates that "in the event of a traffic accident on the road, the driver of the vehicle shall stop immediately to protect the scene ...".

Some local laws and regulations have also made detailed provisions on this. For example, Article 4 of "Provisions on Simple Procedures for Handling Road Traffic Accidents in Beijing" stipulates: "In the event of a traffic accident while driving a motor vehicle, the parties concerned shall immediately turn on the vehicle danger warning flash, turn on the width indicator and the rear taillight at night, and set warning signs in the direction of coming vehicles according to regulations to expand the warning distance."

The legislative purpose and starting point of these laws and regulations are people-oriented and ensure safety. Protecting the scene is not only the legal obligation of citizens, but also the actual need of "individual solving" accidents.

(2) Steps and methods to protect the site

1) Stop the vehicle immediately after the accident, turn off the engine and turn on the fault lights (or emergency warning lights and "double flashing lights") of the vehicle.

Some drivers turn on the fault light for some reason when driving, and grant themselves a kind of "privilege", regardless of the size of the traffic flow, crossing back and forth in parallel, or even driving retrograde or in non-motor vehicle lanes and sidewalks. These bad driving methods not only disturb the normal traffic order, but also make this "privilege" equal to zero in the event of a traffic accident. The law will not reduce or exempt the responsibility of offenders by using this "privilege" to set foot in the restricted area.

2) Place the luminous or reflective sign at the back of the vehicle 50 meters away from the oncoming direction, or at 150 meters on the expressway.

Second, find out if anyone was injured in the car of both sides of Chu.

According to the relevant laws and regulations, if a traffic accident does not cause personal injury or death, or the parties are only slightly injured, they can be "reconciled". From this perspective, how to judge the injury of the parties has become the key to whether the "reconciliation" can continue. There are many kinds of minor injuries caused by traffic accidents. If the party concerned only has subcutaneous congestion and superficial abrasion, and thinks that the injury is minor, make a good record, and after both parties sign, they can "settle" on the spot. Other injuries (including other minor injuries) had better be treated at a nearby medical institution immediately, and immediately reported to the police for treatment.

Judgment of minor personal injury;

(1) Subcutaneous hemorrhage

When the human body is hit or crushed by a wheel, the subcutaneous capillaries rupture, and massive and striped bruises appear under the skin due to blood stasis. The formation of subcutaneous congestion generally has three situations:

1) Because the human body is hit by vehicles or objects or hit the ground;

2) Because ground objects, clothes creases, buttons and other things pad the pressed parts of the human body, subcutaneous congestion marks similar to the shape of the pad objects appear;

3) Because the human body is crushed by tires, that is, after the common tires are crushed from the chest, abdomen and back of the human body, there are tire pattern marks on the skin, which is characterized in that the area of scars generally does not exceed the width of the tire tread.

(2) Skin abrasion

It is mainly due to the scraping between the side of the car and the object, or the forward movement of the tire when the wheel is braked, which causes the skin abrasion of the shoulders, elbows, knees, ankles, chest and back. Epidermal abrasions are often flaky; Sometimes the human body touches the gravel on the ground to form scattered scratches, even furrows; Sometimes the worn part will have a fish-scale scar.

Third, determine whether it is "private" or "public"

At present, the law allows the parties to an accident to settle the traffic accident, which means promotion. So, after the traffic accident, is it better to "settle" or "open"? Now make a simple analysis.

(a) What are the characteristics of "individual solving" traffic accidents?

1) The process is simple. A "settled" traffic accident can make a big deal smaller, and some people even become good friends with each other for this reason. The so-called "no fight, no deal". Didn't you find that some parties "reconciled" and didn't forget the humorous sentence when they broke up: "It's really fate that so many cars happened to bump into each other."

2) The procedure is simple. Traffic accidents take less time. In today's "an inch of time and an inch of gold", it has become a fashion to spend money on time. In practice, many parties prefer to pay more money to the other party to solve the accident as soon as possible, rather than wasting their breath and time. This is a wise move.

3) Exempt from punishment. Because there is no police intervention in "private" traffic accidents, the illegal acts that caused the accidents will not be investigated again, but will only stay in their own hearts and become a lesson of self-discipline. Exempted fines can be paid to the other party smoothly and quickly, forming a virtuous circle. I heard from a friend who had a "personal settlement" accident that he regarded the exemption of fines as a reward for the government to alleviate traffic congestion with practical actions.

(2) What are the characteristics of "listing" traffic accidents?

The "open" traffic accidents are generally because the parties do not know that there are regulations that allow "private settlement", or "private settlement" fails, so they turn to the police and "invite" the police to deal with them. I just don't know why the former wants to "recruit" the police. The latter "recruits" the police for five reasons:

1) The two sides disagreed on the facts of the accident and "invited" the police to intervene;

2) The two sides did not reach an agreement on the damage consequences of the accident, thinking that it was beyond the scope of "settling" and "inviting" the police to intervene;

3) Although there is no doubt that the two sides have different facts about the accident, they cannot reach an agreement on how to compensate or the amount of compensation and "recruit" the police to intervene;

4) One party is familiar with the law and thinks that there are seven situations in the accident that the law does not allow reconciliation, and "recruits" the police to intervene;

5) The party concerned did not report the case, but the police received a report from the masses, or the police found the scene of the accident through TV monitoring and informed the patrolling police to handle it;

6) Some parties should call the police to solve traffic accidents that can be completely "settled", which is a kind of trust in the government. They think it is safer to let the police handle it and get compensation in time.

No matter what the above reasons are, as long as the police are involved in handling the accident, they should follow the following workflow:

Check the identity of the parties (such as driver's license, ID card, etc.). ) → Explore the scene →

→ Ask the parties to the accident →

→ Identify the accident facts → Determine the responsibility → Both parties orally apply for mediation compensation → Punish the illegal acts.

(3) What is the difference between "settling" and "settling" traffic accidents?

Judging from the accident handling process, the contents and methods of "settling the case privately" and "making it public" are basically the same. There are three main differences:

1) In the event of a "personal settlement" accident, if the parties have any objection to the accident facts or the determination of responsibility, they may reserve the "recruiting" police to intervene on the spot; In the event of a "public" accident, as long as the police think that the facts of the accident are clear and the responsibility has been determined, they must remove the scene. Even if the parties do not agree to remove it, the police can forcibly remove it.

2) When the accident claims are settled, the parties can "bargain" about the compensation; In the event of a "public" accident, the police only make a principled conclusion according to the division of responsibilities and legal provisions, and do not participate in specific "bargaining" and cash transfer between the parties.

3) There is no penalty for illegal acts in the "private settlement" accident; In the event of a "public" accident, the police must perform their duties and punish the illegal acts of the parties with conclusive evidence according to the relevant provisions of the law.

(four) the two sides of the traffic accident "reconciliation" after the dispute, can you ask the traffic team to continue to deal with?

1) If the parties "settle" the accident by themselves and leave the scene, they may ask the traffic team to continue to handle it. However, the parties must provide a written record of the accident signed by all parties, and the case handlers of the traffic team will identify the responsibilities of the parties and make a traffic accident confirmation.

2) If the parties are unable to provide accident evidence or verify the facts of the accident, the traffic team investigators will only state the relevant information in the traffic accident certificate, and serve the traffic accident certificate to the parties and inform them to file a civil lawsuit with the people's court.

The characteristics of "personal settlement" and "public settlement" have their own advantages. Finally, you must undertake this big idea yourself. Generally speaking, there are a lot of vehicles on the road now, especially during commuting and festivals, all kinds of vehicles are driving in a concentrated way, and collisions are inevitable. In the event of a minor traffic accident, instead of quarreling or calling the police, hundreds of cars are stuck on the road and tied, it is better for both sides to choose the method of "settling" the accident.

Four. Fixing and collecting relevant evidence

Although there are not many contents and methods involved in "settling" traffic accidents, some relevant evidence that can prove the real situation of traffic accidents must be fixed and collected. This is very important to protect the legitimate rights and interests of both parties.

(A) the main role of evidence in the "reconciliation" accident

After a traffic accident, no matter which method is chosen, some evidence related to the accident should be fixed and collected by recording, marking or taking pictures. Evidence has three main functions in "reconciliation":

1) When the two sides dispute the facts of the accident and "invite" the police to intervene, they can argue with each other.

In some accidents, the parties were willing to solve the problem "privately" at first, but the two sides disputed the facts of the accident and asked the police to "make it public". Because the evidence was not fixed and collected at the beginning, the whole or part of the scene changed and the relevant evidence was lost. Even if the police come, they should think that the facts of the accident are unclear and the responsibility is uncertain. The result is often "fifty boards each", each responsible for its own losses and repairing its own vehicles. If the parties collect relevant evidence in time, their claims may be recognized and their interests may be protected to the greatest extent.

2) Claims from insurance companies are well documented.

In practice, some parties "settled privately" successfully, but they were in trouble when they went to the insurance company to settle claims. If the parties have not collected evidence or even written records, how can the insurance company pay only by dictation!

3) Prevent the other party from "changing their minds" and causing trouble after removing the site.

In practice, this often happens. The two sides of the accident did not dispute the facts, so they moved the scene. When they entered the substantive claim negotiation, they not only disagreed with the compensation, but even overturned the accident facts identified at the scene. At this point, if you are the irresponsible party, you will feel very wronged. On the one hand, this result shows that the other party is dishonest, on the other hand, it also shows that they have poor awareness of rights protection and have not collected relevant evidence.

(2) How to determine the parking position and ground signs?

As mentioned above, the car's toolbox should be equipped with chalk or pencil, which can be used to sketch and fix the parking position and some traces on the ground to prevent accidents.

1) Fixed parking position for motor vehicles. Draw a "T" line perpendicular to the ground at the extension center of each wheel of the motor vehicle with chalk or pencil.

2) fix the parking position of non-motor vehicles. Non-motor vehicles usually fall to one side after an accident, so you can draw a semi-arc along the outer edge of their wheels, and mark their front and rear wheels with the words "front" and "rear" outside the arc.

3) Fix the brake sign. Generally speaking, at the beginning of a brake sign, the starting point and width of the sign can be outlined with a ""line.

4) Repair the scratches. When a non-motor vehicle lands, it usually leaves a strip mark between the pedal head or axle head and the ground. We just need to draw a strip line from the beginning to the end of the visible mark.

5) Fix the landing position of human body. In some accidents, cyclists or pedestrians will lie on the ground after the accident. Before we organize the rescue, we'd better sketch out the positions of their heads and feet. I'll give you a hint: if the degree of injury exceeds minor injuries, it's best not to "reconcile" and call the police immediately.

(3) How to take photos of the scene

After the accident, if conditions permit, you can take some photos of the scene with a camera or a mobile phone with shooting function, such as: panoramic photos of the scene; An overall photo of the vehicle; Various trace photos of the corresponding situation, etc. Scene photos are the most direct, vivid and convincing evidence. Here are some practical shooting methods.

1) Shoot the whole scene. Mainly reflects the specific form within the scope of the whole website. When shooting, it is best to shoot in opposite directions, that is, take the vehicle at the scene of the accident as the shooting center and shoot at the same distance from two opposite directions to the center of the scene.

2) Shoot local scenes. Also known as on-site key part photography, it is to shoot the center of the accident scene, the location of local traces and the relationship with related objects at a relatively close distance. The photos mainly reflect:

(1) The contact parts of two vehicles are embedded;

② The distance between one side of the vehicle, brake marks, scattered objects and a lane line or roadside.

3) Shoot traces and damaged parts. Also known as detail photography or trace photography, it is a way to shoot traces of roads, vehicles and people's clothes at close range, focusing on the shape, characteristics, size and stress direction of traces. When shooting, the camera lens should be perpendicular to the subject (hint: shoot trace photos according to the relationship between the "supporting body" and the "marking body" mentioned in "Correspondence between the two").

(4) How to record the accident in words?

1) What are the main contents to be recorded in words when the accident is finalized?

Article 86 of the Regulations for the Implementation of the Law of the People's Republic of China on Road Traffic Safety stipulates: "Traffic accidents between motor vehicles and between motor vehicles and non-motor vehicles have occurred on the road, which have not caused personal injury or death. If the parties have no dispute over the facts and reasons, they should leave the scene after recording the time and place of the traffic accident, and sign the name and contact information of the other party, motor vehicle number, driver's license number, insurance certificate number and collision location together." The contents involved in these Provisions are the contents that need to be recorded at the time of settlement. It is one of the most original evidences, and it is an important basis for the parties to handle claims with insurance companies and file civil lawsuits with people's courts. In order to facilitate the parties to solve traffic accidents by themselves, some provincial and municipal traffic administrative departments have stipulated in their local regulations the format of the agreement for the parties to solve traffic accidents by themselves (hereinafter referred to as the agreement) and how to fill in the terms of the agreement. Blank "agreement" can generally be collected free of charge from the local traffic team or downloaded from the website of the local traffic control department. For example, in Beijing, you can download the agreement from the website of the Traffic Management Bureau.

2) What's in the agreement?

"Agreement" generally has three parts: first, the identification of accident facts; The second part is the determination of the liability of the parties; The third part is the damage compensation of both parties.

① The contents of accident fact identification include: accident time, accident place, name, driver's license number, telephone number, mode of transportation, vehicle license plate number, insurance certificate number and driving direction.

(2) The contents of determining the responsibilities of the parties include: the specific traffic violations and the division of responsibilities.

(3) The contents of damages by both parties include: the amount of compensation and the way of compensation.

3) Requirements and methods for filling in the agreement

Taking the protocol format in Beijing as an example, the requirements and methods for filling in are as follows:

(1) The handwriting is neat, the items are complete, and each party holds one copy, which shall be properly kept.

② Check the other party's valid certificates and verify their identity.

③ Arabic numerals must be filled in the column of "Accident Time", accurate to the minute.

④ In the column of "Accident Location", you need to fill in the specific location of the accident in a certain district (county), a certain road (or intersection) or a certain street.

⑤ The column "Name and driver's license number" should be checked with the driver's license before filling in.

⑥ In the column of "Telephone", you need to fill in the telephone number that you can contact at any time. Please dial the other party's mobile phone number to confirm before filling in.

⑦ In the column of "mode of transportation", you need to fill in what mode of transportation it is, such as: large passenger, large cargo, small passenger, small cargo, bicycle, disabled motorcycle, tricycle, pedestrian, etc.

⑧ In the column of "Vehicle License Number", you need to check the vehicle license and driving license before filling in; If the vehicle is a black number plate, it shall be marked with "black number plate" after the vehicle number.

Pet-name ruby "insurance certificate number" column, carefully check the relevant insurance certificate before filling in, and fill in the insurance certificate number. If the motor vehicle has no third-party liability compulsory insurance, it is marked as "no third-party insurance".

Attending the "accident facts" column, fill in the driving (walking) direction of both parties and the collision position of vehicles.

(After the above contents are filled in, both parties confirm and sign, and then move the accident site, move the vehicle to a place that does not hinder traffic, determine the responsibility, and negotiate to determine the damage. )

⑾ "Specific traffic violations" can be abbreviated according to relevant laws and regulations, such as: so-and-so ran a red light, or so-and-so rear-ended, or so-and-so made way; If some provinces (cities) have formulated specific local laws and regulations that allow "settlement", they can directly fill in the provisions corresponding to illegal acts, such as: XXX has a certain behavior.

⑿ "Division of responsibilities", directly fill in the size of responsibilities, such as: so-and-so bears full responsibility, or both parties bear equal responsibility.

[13] The "compensation amount" shall be filled in according to the private agreement of both parties, such as: XXX is responsible for all the repair expenses of the other party's vehicle, or each party is responsible for the repair of its own vehicle, or how much RMB XXX pays the other party.

14. The "compensation method" shall be filled in according to the private agreement of both parties, such as cash payment or compensation for equivalent goods.

After the agreement is completed, the parties can go through the claim settlement procedures with the insurance company where the responsible party has compulsory third-party liability insurance. After the parties reach a compensation agreement, if one party fails to perform it, the other party may bring a civil lawsuit to the people's court with the agreement.

4) How to use records without agreement?

If there is no agreement with you, or in a province (city) or region where there is no agreement, you can record the relevant contents in words on a piece of white paper, which can also play the role of evidence. But how do you remember so much? Here's a way: just remember the following couplets and you can recall the main contents recorded in the agreement. The first couplet of this couplet is "the right place and the right time"; The bottom line is "dislocation of route direction"; The horizontal criticism is "easy to say, easy to remember and easy to disperse". Explanation:

(1) days-refers to the weather;

(2) when-refers to time;

(3) to-refers to the position;

(4) Profit-interest on property losses;

⑤ Person-refers to the name of the party concerned;

⑥ and-refers to the accidents of both parties (motor vehicles, non-motor vehicles and pedestrians);

⑦ Route-which lane is it?

⑧ Direction-refers to the driving or walking direction;

Pet-name ruby dislocation-refers to any traffic violation or negligence that causes contact between the car body or specific parts of the human body;

⑩ Good words are easy to remember and disperse-the word "good" is the homonym of the word "number", which refers to the driver's license number, license plate number and insurance certificate number respectively.

Tip: Finally, don't forget to sign for confirmation by both parties.

The verb (the abbreviation of verb) * * * agrees with the fact that the accident happened.

The two sides of the accident can't negotiate on the traffic accident, and if they agree, there will be differences. Generally speaking, if both parties agree to settle the accident in the second link, then they should adopt a rational and frank attitude and reach an understanding of the accident facts as soon as possible, and don't dwell on some small details. On the other hand, the implementation of the new regulations on compulsory liability insurance for motor vehicle traffic accidents also provides a guarantee for the accident to be "settled" as soon as possible.

(A) the facts are easily recognized by * * *

1) time of accident. After the accident, both parties only need to check the clock time on the watch or vehicle. But we need to pay attention to two problems:

① If there is no time limit for an accident, if the time agreed by both parties differs by a few minutes or ten minutes, an approximate time can be agreed upon and written on the agreement or recording paper, such as "around 6 o'clock on June 6, 2006".

(2) If one party drives into the driveway during the no-go time and an accident occurs, then the time determination should be more accurate. You can call the local time information desk immediately with your mobile phone, which is the same as the accurate "Beijing time". Of course, if the accident loss is not big, and the offender is willing to pay cash on the spot, the other party does not have to be "true" for time, because one of the original intentions of "settling" is not to spend money to buy time. Why waste time for "time"?

2) the scene of the accident. As long as one of the two parties is familiar with the accident, it is also good to recognize it. However, when both parties are unfamiliar with the scene of the accident, it is easy to make mistakes in the identification of the location. At this time, you can first identify the direction, and then determine the location of the road through several simple methods:

(1) Ask the merchants who set up stalls nearby or the passers-by who know it;

(2) Observe the name of the roadside signpost, the number or unit on the telephone pole, and the name of the building.

3) the identity and contact information of the parties. Both sides of the accident only need to check and record each other's driver's license or ID card. If the other party can't provide one of these two certificates and can't pay cash on the spot, it's best to call the police in time; For the contact information, it is best to call the other party's mobile phone. If the client doesn't have a mobile phone, ask him to provide a contact information and contact name on the spot and call immediately to verify.

4) Vehicle number and insurance certificate number. The license plate and insurance certificate should be installed on the car body and the front windshield respectively according to law, and both parties to the accident only need to check and record each other. If one party is missing one of them, it should call the police immediately.

5) Traffic direction and contact location. As mentioned in the third chapter, the contact parts of the two sides are different with different traffic directions. Accidents will inevitably cause different degrees of damage and leave traces on the contact parts of both parties. Through on-site investigation, according to the traces of contact parts, the traffic direction of both sides can be determined. It is easy for both sides to reach a consensus on this issue. When recording, you can simply state it in words, such as: "Party A drives from east to west, Party B drives from north to south, and the front of Party A touches Party B's left front door".

(b) Disagreeable facts

The fact that it is easy to disagree is mainly whether the specific traffic behavior of both parties is illegal. As mentioned above, no matter what kind of traffic accident, its occurrence must be caused by serious illegal acts (except accidents). The identification of this fact is extremely important, which is directly related to the responsibility and compensation of the parties. Therefore, the problem of "entanglement" often appears in "settling". Common ones are:

1) There was an accident at the intersection controlled by traffic lights. In fact, one party definitely ran a red light, but neither side admitted that they ran a red light;

2) In the continuous rear-end collision of multiple vehicles, the middle vehicle does not admit that it hit the front vehicle, but emphasizes that inertia makes it hit the front vehicle because the rear vehicle hit itself;

3) When two cars collide back and forth in the same lane, the front car says it is an accident caused by the rear-end collision of the rear car, and the rear car says it is an accident caused by the front car slipping or reversing;

4) The fact that the turning car collided with the straight car is clear. It should be that the turning car let the straight car go first, but the turning car often argues that its car has turned around quickly, but the straight car did not guarantee safe driving and hit the back side of its car;

5) When the lanes are reduced, one car in each lane alternately drives into the intersections and road sections after the lanes are reduced. But one side stressed that the other side was caused by the failure of merger and acquisition;

There are still many situations that are prone to differences in practice, so I won't list them one by one. Generally speaking, if in the second link, both sides choose the way of "accident reconciliation", then they should reach a rational understanding of the accident facts as soon as possible, and don't get entangled in some side issues, let alone make trouble without reason and blame others. On the other hand, the implementation of the new regulations on compulsory liability insurance for motor vehicle traffic accidents also provides a guarantee for the accident to be "settled" as soon as possible.

Six, the demolition site negotiation compensation

After the on-site investigation is completed and the accident facts are recognized by both parties, the vehicle should be moved to a place that does not hinder traffic, and then compensation matters should be negotiated (see the eighth lecture for specific compensation issues). It is suggested to move the accident vehicle to a place that does not hinder traffic according to the following methods:

First, turn on the hazard warning flash, set up warning signs, and turn on the width indicator and taillight at night;

Two, on the highway, to move the vehicle to the nearest service area, emergency lane or hard shoulder;

Three, on the urban expressway, the vehicle should be moved to the nearest emergency lane or the auxiliary lane of the non motor vehicle lane;

Four, on other roads, to move the vehicle to the nearest non-motor vehicle lane or sidewalk.

After taking the above safety measures, the compensation matters shall be settled through consultation without obstructing the traffic.

Here's a reminder: According to Article 89 of the Road Traffic Safety Law of the People's Republic of China, "the traffic management department of the public security organ or the traffic police should rush to the scene in time when receiving the traffic accident alarm. If there are no casualties and the facts are clear and the motor vehicle can move, the parties concerned shall be ordered to evacuate the scene and resume traffic after recording the accident. Those who refuse to leave the site will be forced to leave. If the police have not completed the "reconciliation", whether you agree with the accident facts identified by the police or not, you should immediately remove the scene, and it is best not to leave by force.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.