/Chinese/zhuanti/dljt/432013.htm

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Chapter V Handling of Traffic Accidents

Article 70 When a traffic accident happens on the road, the driver of the vehicle should stop immediately to protect the scene. If personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured and report to the traffic police on duty or the traffic management department of the public security organ in time. If the scene is changed due to the rescue of the injured, the location shall be indicated. 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.

Article 71 If a vehicle escapes after a traffic accident, witnesses and other insiders at the scene of the accident shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the traffic administrative department of the public security organ shall reward it.

Article 72 After receiving the traffic accident alarm, the traffic administrative department of the public security organ shall immediately send traffic police to the scene, first organize the rescue of the injured and take measures to restore traffic as soon as possible.

The traffic police shall conduct an inquest and inspection on the scene of the traffic accident and collect evidence; Due to the need of collecting evidence, the accident vehicle may be detained, but it shall be properly kept for verification.

The traffic administrative department of the public security organ shall entrust a specialized agency to conduct a professional inspection of the physical and mental condition of the parties. The appraisal conclusion shall be signed by the appraiser.

Article 73 The traffic administrative department of the public security organ shall, according to the on-site inspection, inspection and investigation of traffic accidents and the conclusions of relevant inspection and appraisal, make a traffic accident identification in time as evidence for handling traffic accidents. The traffic accident certificate shall state the basic facts, reasons and the responsibilities of the parties, and shall be served on the parties.

Seventy-fourth traffic accident compensation disputes, the parties may request the traffic administrative department of the public security organ for mediation, or directly bring a civil lawsuit to the people's court.

After mediation by the traffic administrative department of the public security organ, if the parties fail to reach an agreement or fail to perform the mediation after it takes effect, the parties may bring a civil lawsuit to the people's court.

Seventy-fifth medical institutions should promptly rescue the injured in traffic accidents, and should not delay the treatment because the rescue expenses are not paid in time. If the vehicle involved in the accident participates in compulsory motor vehicle third-party liability insurance, the insurance company shall pay the rescue expenses within the liability limit; Rescue expenses exceed the liability limit, and did not participate in compulsory motor vehicle third-party liability insurance or escape after the accident, the road traffic accident social assistance fund shall advance part or all of the rescue expenses, and the road traffic accident social assistance fund management institution has the right to recover from the person responsible for the traffic accident.

Article 76 If a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third party liability insurance. The part exceeding the liability limit shall be liable for compensation in the following ways:

(a) traffic accidents between motor vehicles, the party at fault shall bear the responsibility; If both parties are at fault, they shall share the responsibility according to their respective fault proportions.

(two) the motor vehicle and non motor vehicle drivers and pedestrians have traffic accidents, and the motor vehicle party shall bear the responsibility; However, if there is evidence that non-motor vehicle drivers and pedestrians violate road traffic safety laws and regulations, and the motor vehicle drivers have taken necessary measures, the responsibility of the motor vehicle party shall be reduced.

The loss of traffic accidents is intentionally caused by non-motor vehicle drivers and pedestrians, and the motor vehicle side is not responsible.

Seventy-seventh motor vehicles outside the road traffic accidents, handled by the traffic management department of the public security organs.

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