Notice on Several Specific Issues Concerning Handling Road Traffic Accident Cases
Since the Supreme People's Court and the Ministry of Public Security jointly issued the Notice on Handling Road Traffic Accident Cases (hereinafter referred to as the Notice) on June 1 992+February/KLOC-0, people's courts and public security organs at all levels in our province have conscientiously implemented the Measures for Handling Road Traffic Accidents in the State Council (hereinafter referred to as the Measures) and the Provisions for Handling Road Traffic Accidents in Guangdong Province (hereinafter referred to as the Regulations)
First, advance deposit and rescue treatment fee
1. If a traffic accident causes casualties or property losses, the traffic administrative department of the public security shall temporarily detain the vehicles involved in the traffic accident and order the parties involved in the traffic accident and their units or motor vehicle owners to pay the accident liability deposit. If the party concerned refuses to pay the deposit, or the deposit paid is insufficient, the traffic control department of the public security may continue to detain the vehicles involved in the traffic accident.
The amount of the accident liability deposit shall not exceed the amount of damages when the parties to the traffic accident take full responsibility.
2. The medical expenses for rescue and treatment that the parties to a traffic accident and their units or motor vehicle owners should pay in advance as stipulated in Article 13 of the Measures and Article 7 of the Regulations refer to the medical expenses incurred on the day when the injured person receives rescue and treatment until the end of treatment and disability is determined, or the rescue is invalid or the rescue stops. Regardless of whether the public security traffic management department has made the responsibility determination, the unit or individual who has the obligation to pay the rescue and treatment fee in advance shall not refuse or not continue to pay the rescue and treatment fee in advance on the grounds that it has no responsibility or less responsibility for road traffic accidents.
If the rescue and treatment expenses are paid in advance in installments, the traffic control department of the public security may continue to detain the vehicles in traffic accidents before paying all the medical expenses.
If the parties to a traffic accident and their units or motor vehicle owners have objections to the prepaid rescue and treatment expenses beyond their responsibilities, they shall be handled in accordance with the provisions of Article 7 of the Notice.
3. After the traffic accident, the public security traffic management department should promptly urge the injured hospital to make a preliminary assessment of the medical expenses required for the whole treatment process of the injured, and notify the units or individuals who have the obligation to pay the medical expenses in advance in writing.
4. According to the above 1 and 2 opinions and the provisions of Article 13 of the Measures, if the parties to a traffic accident and their units or motor vehicle owners fail to pay the accident liability deposit or prepay the rescue and treatment fee, the public security traffic management department may temporarily detain the traffic accident vehicle. The provisions of Article 18 of this opinion shall apply to the time limit for detaining cars.
Second, responsibility and responsibility.
5. After a road traffic accident, the public security traffic management department shall, in accordance with the Measures, the Procedures for Handling Road Traffic Accidents and other relevant regulations, find out the cause of the accident, make a responsibility determination within the prescribed time limit, and make a Road traffic accident responsibility confirmation (hereinafter referred to as the "Certificate of Responsibility for Accidents"). For accidents that are not caused by any party's illegal behavior, it shall make a written conclusion in a timely manner, and deliver the accident responsibility determination or written conclusion to all parties in a timely manner.
6. When the people's court hears a case, it thinks that the identification of traffic accident responsibility made by the public security traffic management department is inaccurate. Before deciding not to accept it, it shall solicit the opinions of the public security traffic management department and properly handle it.
7. The owner of a motor vehicle refers to the unit or individual whose motor vehicle is registered with the vehicle management authority. When the actual owner of the motor vehicle is inconsistent with the owner of the motor vehicle due to failure to handle the transfer procedures, affiliated registration, contracted operation, installment purchase or lease, borrowing of the vehicle, etc. , motor vehicle owners and the "measures" provisions of article thirty-first of the various responsibilities (first compensation liability or liability), by the motor vehicle owners and actual owners bear joint and several liability.
When the actual controller and the driver of the motor vehicle are the same person, it shall still be handled in accordance with the provisions of Article 31 of the Measures, that is, the actual controller shall be liable for compensation, and the motor vehicle owner shall be liable for advance payment.
The "actual controller" as mentioned in this article refers to the buyer (the buyer with the last transaction relationship in case of multiple transactions), the related party, the contractor, the buyer who has purchased by stages but has not gone through the transfer formalities, and the lessor or borrower of the vehicle.
8. The owner of the vehicle shall not be liable for the traffic accident that occurred during the period when the vehicle was stolen.
9. The motor vehicle side of a traffic accident shall be liable for the damage caused by hitchhiking.
10. Article 31 of the Measures stipulates that if the motor vehicle driver who is liable for compensation is temporarily unable to pay compensation, the driver's unit or the motor vehicle owner shall be responsible for paying in advance. If the driver can't find out his identity because of his escape, the traffic control department of the public security can only inform the owner of the motor vehicle to come to mediate, and the people's court can handle it first, without necessary litigation, and the owner of the motor vehicle will bear the responsibility of paying compensation first.
1 1. After a road traffic accident, if the license plate of the traffic accident vehicle is forged or the vehicle has been removed because the driver abandoned it, and the owner cannot be found after 30 days, the traffic control department of the public security can auction the traffic accident vehicle, and the proceeds will be given priority to the victims. If there is any residual price after compensation, it shall be deposited and kept by the public security traffic management department; If the proceeds from the auction are insufficient to compensate the victim, the victim has the right to recover from the infringer within the limitation of action prescribed by law.
Three, the public security traffic management department to mediate traffic accidents
12. When the traffic administrative department of the public security presides over the mediation of traffic accident damages, it shall strictly implement these measures and the calculation standards of road traffic accident damages and other relevant provisions promulgated by the provincial public security department. In the process of mediation, the parties to the accident will not support the compensation items and requirements not stipulated in the Measures. If an agreement is reached through mediation, a conciliation statement for road traffic accident damages shall be made (hereinafter referred to as the conciliation statement); If a mediation agreement cannot be reached after two mediations, a mediation conclusion (hereinafter referred to as the mediation conclusion) and a proposal for economic compensation for road traffic accidents (hereinafter referred to as the proposal for economic compensation) shall be made.
13. The public security traffic management department should conscientiously do a good job in mediation, and the interval between two mediations should be at least one day. The time limit for mediation of damages shall be calculated from the starting time stipulated in Article 32 of the Measures, and shall not exceed forty-five days at the longest.
14. within the statutory mediation period, the traffic administrative department of the public security has informed the parties twice in writing, but if the parties do not participate in mediation without justifiable reasons, it is deemed that no agreement has been reached in mediation, and the traffic administrative department of the public security can make a mediation conclusion and put forward suggestions for economic compensation.
15. If the same traffic accident caused two or more casualties, and the time when the injured person ended treatment or disability was different, and the time when the injured person ended treatment or disability was different from the time when the deceased went to the funeral, resulting in different starting times of the mediation period for damages compensation for each victim, the public security traffic management department shall close the case according to the different situations of each victim.
16. The proposal for economic compensation is a damage compensation opinion put forward by the traffic administrative department of the public security to the people's court, and is not issued to the parties to the accident.
The economic compensation plan shall specify the compensation items, compensation standards, calculation methods and calculation results. If one party has agreed to the compensation conditions, it shall indicate so.
The proposal for economic compensation shall be attached in time for the people's court's reference.
17. When making a conciliation statement or a conciliation statement, the traffic administrative department of the public security shall clearly state that if the parties file a civil lawsuit with the people's court, they shall exercise their litigation rights within one year from the day after receiving the conciliation statement or the conciliation statement (compensation for property losses is two years), and attach a receipt.
18. If the mediation fails and the case ends, the public security traffic management department may continue to detain the traffic accident vehicle within three months from the date when the parties receive the mediation conclusion; The accident liability deposit collected cannot be returned to one party or transferred to the other party within one year (compensation for property losses is two years).
If an agreement is reached through mediation and the case is closed, the traffic control department of the public security shall not return the detained traffic accident vehicles or the accident liability deposit to one party or transfer it to the other party before the parties fully perform the agreement, but the traffic control department of the public security shall detain the traffic accident vehicles for a maximum of three months from the day after the expiration of the performance period agreed in the mediation agreement; The maximum retention period of the accident liability deposit is one year (the compensation period for property losses is two years).
The traffic administrative department of the public security shall inform the parties concerned that if it is necessary to bring a civil lawsuit to the people's court and detain the vehicle originally detained by the traffic administrative department of the public security, it shall bring a lawsuit to the people's court according to law and apply for detaining the vehicle within three months from the end of mediation or the expiration of the performance period agreed upon in mediation.
19. The public security traffic management department shall uniformly use the format of the traffic accident road filing document issued by the Ministry of Public Security to ensure that the case file is complete, complete, standardized and effective. The writing of official documents should be neat, clear and concise, and meet the statutory requirements.
Four. Service of documents
20. The traffic administrative department of the public security shall send accident liability confirmation, mediation, mediation termination, notice of participation in mediation, written conclusion caused by traffic accidents that do not belong to any party, advance notice of road traffic accidents, notice of paying accident liability deposit, notice of corpse disposal and other documents to the parties to the accident, and the addressee shall have a receipt indicating the date of receipt and signing or sealing it.
The public security traffic management department shall deliver the documents listed in the preceding paragraph directly to the addressee with reference to the relevant provisions of the Civil Procedure Law; If the addressee or an adult family member living together refuses to accept it, it may be served by lien.
If it is difficult to deliver the document directly, it can be delivered by mail. If the document is sent by registered mail, the registered receipt shall be attached with a volume, and the reason and process shall be indicated in the case file. Ten days from the date of dispatch shall be deemed as delivery.
Verb (abbreviation of verb) the procedure of accepting a case
2 1. Any party may bring a civil lawsuit to the people's court with a conciliation statement or a conciliation statement made by the public security traffic management department. The people's court shall promptly accept the case according to law, and read and handle all case files from the public security traffic management department according to the provisions of the notice. The public security traffic management department shall hand over the case file to the court within five days after receiving the letter of volume adjustment. The court shall, within five days after closing the case, return the above file to the public security traffic management department, and attach the legal documents for closing the case.
22. The people's court shall, within five days from the date of accepting the case of road traffic accident damage compensation, notify the public security traffic management department in writing, and the public security traffic management department shall, within five days from the date of receiving the written notice from the court, hand over the temporarily detained vehicles and other property to the court that accepted the case, and jointly handle the handover procedures. The people's court shall make a record of property preservation for the vehicles and other property received according to law, and send a copy to the relevant public security traffic management department.
23. After the people's court accepts the case of compensation for damages caused by road traffic accidents, if the victim who has no responsibility or less responsibility in road traffic accidents applies to the people's court for the first execution of the vehicle or other property of the main responsible person, the people's court shall set it in time in accordance with the provisions of Articles 97 and 98 of the Civil Procedure Law. It can be handled by auction, sale or price compensation.
24. After the people's court accepts the case, if the parties concerned have not received the accident liability confirmation issued by the public security traffic management department, the people's court shall inform the parties concerned to contact the public security traffic management department to solve the problem. If the parties still have objections to the determination of responsibility, the people's court shall, after examination and confirmation, designate the suspension of litigation and inform the parties to apply to the public security traffic management department at the next higher level for re-determination. The public security traffic management department at the next higher level shall promptly identify it.
25. After a traffic accident, if the parties reach an agreement privately without reporting the case, fail to reach an agreement or go back on their word after reaching an agreement, the traffic management department of the public security shall file a case for handling in accordance with the provisions of the second paragraph of Article 21 of the Measures. People's courts do not directly accept civil cases.
26. After the public security traffic management department closes the case through mediation, if one party has partially fulfilled the obligations specified in the mediation document, and the other party only brings a lawsuit to the people's court for the unfulfilled part, the people's court shall accept it.
27. The people's court may directly accept the dispute over compensation for damages caused by non-road traffic accidents identified by the traffic administrative department of the public security, and the parties concerned bring a suit in the people's court, which meets the conditions for prosecution as stipulated in Article 108 of the Civil Procedure Law. The public security traffic management department should actively assist in the identification of the responsibility of such accidents, and put forward the opinions on the identification of the responsibility of accidents in writing while making the conclusion of non-road traffic accidents, so as to facilitate the handling of cases.
28. If a traffic accident is determined by the traffic administrative department of the public security not to be an illegal act of the party concerned, and the party concerned brings a civil lawsuit to the people's court with a written conclusion made by the traffic administrative department of the public security that does not belong to the party concerned, which meets the conditions for prosecution stipulated in Article 108 of the Civil Procedure Law, the people's court may directly accept it.
29. If the party confirmed by the traffic control department of the public security bears the main or full responsibility for road traffic accidents, and the mediation by the traffic control department of the public security fails, or in non-road traffic accidents, it is the party that has caused damage or no loss or less loss, and disagrees with the amount of damages claimed by the other party, and brings a civil lawsuit to the people's court, which meets the conditions for filing the case, the people's court shall accept it.
Determination of damages for intransitive verbs
30. The people's court shall determine the amount of compensation in the trial of the road traffic accident compensation case. In accordance with the "Measures" and the calculation standard for damages announced by the Provincial Public Security Department, if it is indeed difficult to make up for the actual losses of the parties concerned, the amount of compensation may be appropriately higher than the legal standard with the consent of the responsible party or with reference to the principle of compensation for mental damages.
3 1. After mediation by the people's court, one party agreed to pay the other party compensation that is higher than the legal standard or beyond its own responsibility. If the other party still refuses to reach a mediation agreement, the people's court may make a judgment according to the amount of compensation agreed by one party.
32. Compensation for damages to compatriots, overseas Chinese, foreigners and stateless persons in Hongkong, Macao and Taiwan Province Province shall be calculated according to the compensation standard for urban residents published by the Provincial Public Security Department.
33. The people's court's review of the medical expenses of the injured shall be handled in accordance with the Joint Notice of the Provincial Higher People's Court and the Provincial Health Department on July 2 1990 on Issues Related to Medical Expenses Compensation.
34. If the injury requires treatment by stages, the mediation period of the public security traffic management department for damages shall be counted from the date of discharge or disability after the first treatment. After the case is closed, the medical expenses required for continuing treatment can be paid in one lump sum after consulting the people's hospitals at or above the county level.
35. According to the provisions of Article 21 of the Regulations, domestic popular products (excluding high-grade luxury electronic appliances) are used for appliances for the disabled in this province. Because the same kind of domestic popular disability use has many different prices, it is generally calculated at the price of the highest product.
The appliances for the disabled imported from Taiwan Province Province are not within the scope of domestic products because they have to pay customs duties.
36 disabled appliances for upper and lower prostheses, phased replacement costs in accordance with the closing price standard one-time calculation.
37. If the parties and their relatives use car rental, self-driving or soft sleeper by plane or train when dealing with traffic accidents, the car rental fee, gasoline fee or plane and soft sleeper fee shall not exceed the travel expenses standard of general staff of state organs, and the excess shall not be included in the scope of compensation. However, if the situation is urgent and it is necessary to rush to the scene of the accident to assist in handling the accident, the transportation expenses shall be determined by the public security traffic management department and the people's court according to the specific circumstances.
If the parties are overseas Chinese, foreigners or stateless persons, the transportation expenses required for their relatives to come to China from abroad to deal with traffic accidents shall be calculated according to the actual necessary expenses and paid by the documents; The lost time fee and accommodation fee are calculated according to the "Measures" and the damage compensation standard published by the Provincial Public Security Department.
Participating in handling traffic accidents must obey the notice of the public security traffic management department. Unreasonable transportation and accommodation expenses caused by the parties and their relatives going back and forth without notice from the public security traffic management department shall not be included in the scope of compensation.
"Dependents" include fetuses and children born in violation of the family planning policy.
If his dependents have died before the public security traffic management department or the people's court closes the case, his living expenses shall be calculated to the date of death.
39. If a pregnant woman is killed, injured or aborted due to a traffic accident, the fetus is not covered by the compensation for damages.
40. If the disabled or the deceased belongs to one of more than two caregivers, the living expenses of the dependents shall be calculated according to the share that the disabled or the deceased should bear.
4 1. The term "loss of working ability" as mentioned in Item (9) of Article 37 of the Measures includes two situations of total or partial loss of working ability. The living expenses of the dependents are determined according to the disability level of the disabled who have lost the ability to work, that is, the level I is calculated by 100%, the level II is reduced by 10%, and so on.
42. For the treatment of "unknown corpse", the death compensation fee is calculated according to the average living expenses of urban residents announced by the Provincial Public Security Department, and the compensation period is reduced by ten years. If it is necessary to reduce the compensation period due to age, it shall be handled in accordance with the provisions of Item (8) of Article 37 of the Measures. After forensic identification, among them, the male deceased was over 23 years old and under 60 years old, and the female deceased was over 2 1 year old and under 55 years old. All the dependents were presumed to be one person, who had been supporting for ten years, and the other age ranges were uncertain. "Unknown corpse" death compensation and dependents living expenses shall be kept by the public security traffic management department.
If the whereabouts are unknown in a traffic accident, if it is identified as missing by the public security traffic management department, the compensation fee for traffic accident damage shall be calculated in accordance with the relevant provisions of the Measures and the compensation standard published by the Provincial Public Security Department.
43. The legal heirs of the deceased, the legal heirs of the disabled (except those who have given up inheritance) and their dependents should all be listed as the subjects of litigation, but one of them can be appointed as an agent ad litem.
44. When making a conciliation statement or a civil conciliation statement or judgment by the people's court, the traffic administrative department of the public security shall specify the compensation items and their amounts item by item.
45. Cases of road traffic accident damages shall be under the jurisdiction of the grassroots people's court where the traffic accident occurred.
46. People's courts charge RMB 100 yuan for each case of personal injury compensation, and the part of property loss compensation is charged according to the amount of the disputed subject matter.