Traditional Culture Encyclopedia - Photography and portraiture - Who is responsible for handling traffic accidents? What is the procedure for handling traffic accidents?
Who is responsible for handling traffic accidents? What is the procedure for handling traffic accidents?
1. The traffic administrative department of the public security organ at or above the county level is responsible for handling traffic accidents in the area or road under its jurisdiction.
2. If there is any dispute over jurisdiction, it shall be reported to the traffic administrative department of the public security organ at a higher level for designation of jurisdiction. The traffic administrative department of the public security organ at a higher level shall make a decision within 24 hours and notify both parties to the dispute.
If the jurisdiction of the accident place is unknown, the traffic administrative department of the public security organ that first found or received the alarm should first rescue the injured and conduct preliminary on-site treatment. After determining the jurisdiction, it shall be handled by the traffic management department of the public security organ with jurisdiction.
3. When necessary, the traffic administrative department of the public security organ at a higher level can handle traffic accidents under the jurisdiction of the traffic administrative department of the public security organ at a lower level, or designate the traffic administrative department of the public security organ at a lower level to transfer the case to other traffic administrative departments of the public security organ at a lower level within a time limit.
If the traffic administrative department of the public security organ at a lower level thinks that the case is complicated, has great influence or involves a traffic accident involving public security organ personnel or vehicles, it may apply to be transferred to the traffic administrative department of the public security organ at a higher level for handling; After receiving the application, the traffic administrative department of the public security organ at the next higher level shall make a decision to hand over or continue to be handled by the traffic administrative department of the original public security organ within 24 hours. If the jurisdiction of a case is transferred, the time limit for handling the case shall be counted from the date of transfer.
2. What are the procedures for handling traffic accidents?
(1) field investigation
1. After the traffic accident, if the parties have no dispute about the facts and reasons, they can leave the scene immediately and negotiate to compensate for the losses. If you don't leave the scene immediately, you must protect the scene and report to the public security organ in time.
2. After receiving the instruction, the police on duty must arrive at the scene quickly within the promised time and dispose of the scene quickly.
3. Field investigation includes a series of work such as field visit, photography, drawing, measurement and inspection. On-site investigation must be legal, timely, comprehensive and accurate.
4. After the on-site investigation records are verified, the parties or witnesses shall be required to sign the on-site map.
5. When necessary, the relevant documents of the accident vehicle and the parties concerned may be detained for inspection.
6. Agree with the parties on the time for handling the accident.
7. After-the-fact investigation must be conducted according to law, including inquiry, trace extraction and inspection, technical inspection, damage assessment and other necessary identification.
(2) Responsibility determination
1. In the investigation stage, the parties may be called to hold a hearing when necessary.
2. After finding out the basic facts of the accident and collecting sufficient evidence, the responsibility shall be determined in strict accordance with the specified time.
3. When the responsibility is announced, all parties must be convened to explain the basic facts of the accident and the reasons and basis for determining the responsibility.
4 inform the parties of the right to apply for re-appraisal and the statutory limitation.
(3) Punishment
1. After the responsibility determination becomes legally effective, the responsible party shall put forward punishment opinions and report them to the leaders for approval.
2. Fill in the punishment award according to the punishment decision made by the leaders.
3. Announce the punishment decision to the responsible person.
4 inform the parties of the right to apply for administrative reconsideration and the statutory limitation.
5. Improve relevant punishment procedures.
6. Execute the punishment.
(4) Compensation mediation
1. Collect certificates, bills and various materials related to damages.
2. After confirming the end of the treatment of the injured or determining the damage result, all parties or agents must be organized to conduct compensation mediation within the specified time. Mediation at most twice.
3. After the mediation is successful, a conciliation statement shall be made and served on both parties respectively.
4. If mediation fails, the mediation conclusion must be filled in and sent to the parties, and they are informed that they can bring a civil lawsuit to the people's court within the statutory time limit.
@20 19
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