First, after the accident treatment
1. Take care of the injured when getting off the bus, and don't move or touch the injured;
2. Take photos on the spot. The same photo should contain information such as the location of the injured, the location of the vehicle, and the lane separation sign;
3. If the injured person cannot move, try to keep the vehicle as it is, and then call 1 10 or 122. There is no need to discuss the responsibility of the accident with the other party before the police come;
4, the police came to the scene, after dealing with the scene accident, according to the situation to investigate the scene, etc. , determine the responsibility for the accident, and issue a certificate of responsibility for the accident;
5. Both parties shall handle the compensation according to the accident liability confirmation.
Second, the process of traffic accident compensation
1, site investigation by traffic department. After reviewing the on-site investigation records, the traffic police department shall require the parties or witnesses to sign the on-site map. During the inspection, the relevant certificates of the accident vehicle and the parties concerned may be detained;
2, the traffic department traffic accident responsibility identification. After investigation, the traffic police department determines the responsibility of the party according to the role played by the party's behavior in the traffic accident and the severity of its fault;
3. The transportation department organizes compensation mediation. After confirming the end of the treatment of the injured or determining the damage result, the traffic police department may organize mediation if the parties to the accident agree to mediation compensation. The number of mediations is generally no more than 2. If mediation fails, fill in the "Mediation Termination Letter" and inform the parties to bring a lawsuit to the people's court within the statutory limitation period. You can also bring a lawsuit directly to the people's court without applying for mediation;
4, to the people's court. Entrusting a lawyer or bringing a lawsuit to the people's court on his own will generally bring a lawsuit in the grassroots people's court where the accident occurred. During the court hearing, the parties may mediate under the auspices of the court and reach a mediation agreement. If mediation fails, the court shall make a judgment according to law;
5. Apply for enforcement. If the obligor of the judgment fails to perform the obligation of compensation within the time limit specified in the judgment or mediation, the plaintiff may apply to the people's court for compulsory execution, and the executive board of the court will enforce the obligation of compensation to the obligor.
Third, the traffic accident insurance claims process
1, report the case. After the accident, the insured shall immediately report the case to the traffic administrative department of the public security where the accident occurred, protect the scene, rescue the wounded, take reasonable and necessary rescue and protection measures to prevent or reduce losses, and notify the insurance company within 48 hours. Otherwise, the insurance company has the right to refuse compensation;
2. Investigate and determine the extent of damage. After the accident, the insured should actively assist the insurer to conduct on-site investigation, and the insurance company should go to the scene of the accident to inspect and take photos of the vehicle to determine the loss. For traffic accidents that have not escaped and do not need inspection and identification, the public security traffic management department shall give the traffic accident responsibility identification within 10 days, and if inspection and identification are needed, it shall conduct inspection and identification within 5 days, and then give the confirmation;
3. Handling claims. The applicant brings the driving license, insurance contract, traffic accident responsibility confirmation and other relevant documents to the insurance company for settlement. The insurance company shall evaluate the damage of the vehicle within 48 hours, and the insured shall not repair the vehicle before the insurance company completes the evaluation. After determining the damage, the insurance company shall issue a vehicle damage list, specifying the cost and working hours of replacing parts and repairing vehicles;
4. Confirm the claim. If the insured has no objection to the vehicle damage list, it can be signed and become effective as the basis for the insurance company to settle claims. Give the relevant vouchers to the insurance company;
5. Insurance payment. After reaching an agreement, the insurance company shall pay the insurance compensation within the promised period.
Fourth, the legal basis
Article 73 of the Road Traffic Safety Law of the People's Republic of China
The traffic administrative department of the public security organ shall, according to the on-site inspection, inspection, investigation and relevant inspection and appraisal conclusions of the traffic accident, make a traffic accident identification in time as evidence for handling the traffic accident. The traffic accident certificate shall state the basic facts, reasons and the responsibilities of the parties, and shall be served on the parties.
Five, traffic accident insurance claims required materials
1, ID card and household registration book of the injured person;
2, road traffic accident certificate;
3. Outpatient medical records;
4. Hospital medical records;
5, medical invoices, follow-up medical certificates, invoices for assistive devices;
6. Medical diagnosis certificate, labor contract, payroll or income certificate, personal income tax payment certificate and salary income deduction certificate;
7, about the need for nursing certificate, nursing fee invoice or receipt;
8. Transportation and accommodation bills;
9. Necessity of nutrition diagnosis;
10, judicial authentication certificate and authentication fee invoice;
1 1, the household registration book of minor children or elderly parents, and provide the household registration certificates of family brothers and sisters as appropriate;
12, and provide other materials as appropriate.