Lawyer in Chaoyang, Liaoning: What to do in case of a traffic accident?
Time:
2022-08-22
Driving outside, small scratches and bumps are unavoidable. Many people choose to settle traffic accidents privately first. Private settlements save time, effort, are low-cost, and provide quick compensation, but if not handled properly, it can lead to unresolved issues and unnecessary troubles. Today, let's talk about the matters of "private settlements".
What is a private settlement?
Private settlement: It means resolving matters privately without judicial procedures. In traffic accidents, a private settlement generally refers to resolving issues through private negotiation or coordination without the need for an "Accident Responsibility Identification Certificate."
For some minor traffic accidents (usually referring to accidents without personal injury or death), it is allowed for both parties to settle privately.
In what situations can a private settlement not be made?
According to Article 13 of the "Regulations on the Handling of Road Traffic Accidents," the following situations cannot be settled privately, and the scene should be protected and reported to the police immediately.
1. The accident caused casualties.
Accidents that cause casualties are more complex, and it is difficult for the involved drivers to determine specific responsibilities. The first step is to call the police and provide timely first aid to the injured.
2. There is a dispute between both parties regarding the cause of the accident and responsibility.
In cases of property damage accidents, if the parties dispute the facts or causes, or if there is no dispute over the facts or causes but no agreement is reached on damage compensation, a private settlement cannot be made.
3. An accident involving vehicles with incomplete documentation.
Accidents involving vehicles lacking any one or more of the following: motor vehicle license, vehicle inspection certificate, or vehicle insurance certificate cannot be settled privately.
4. An accident involving vehicles carrying hazardous materials.
This refers to vehicles carrying explosives, flammable and explosive chemicals, as well as toxic, radioactive, corrosive, and infectious disease pathogens.
5. Accidents that damage public facilities.
If the accident causes damage to public facilities and buildings, one cannot only focus on private matters and forget about public responsibilities.
6. Unlicensed driving or the driver cannot present a driver's license.
If the driver's license is expired, invalid, or if someone is driving without a license, a private settlement cannot be made. It needs to be determined whether it is unlicensed driving or simply forgetting to bring the license.
7. The involved driver is under the influence of alcohol or drugs.
If the involved driver has been drinking, using drugs, or driving under the influence, a private settlement cannot be made.
8. The involved parties cannot move the vehicles themselves.
9. One party leaves the scene or there is evidence proving that the accident was intentionally caused by one party.
More News
2024
08-14
2024
08-13
2024
07-30
2024
01-27
2023
09-23