1. If both parties reach a compensation agreement through consultation, they can go to the traffic police department to drop the lawsuit together;
2. If the two parties reach a compensation agreement through negotiation under the mediation of the traffic police department, a conciliation statement shall be made and served on both parties respectively. Both parties went to the traffic police department to drop the lawsuit.
For civil liability for compensation, the lawsuit can be withdrawn by consensus. But for administrative responsibility or criminal responsibility, the case cannot be dismissed.
1. Can a traffic accident be dismissed after it is reported?
After a traffic accident is reported, it may not be filed, mainly referring to the general situation. It depends. Involving criminal responsibility, private settlement can not be closed. If criminal responsibility is not involved, civil compensation can be reconciled by itself, and the administrative punishment involved will not be rejected. If it is not suspected of constituting a criminal offence, both parties may negotiate on civil compensation and reach an agreement through consultation.
However, not all accidents can be solved by rapid evacuation. If the following conditions are met, both parties can solve the problem through consultation without calling the police:
1. No casualties were caused, and the parties did not dispute the facts and their reasons.
2. There is only slight property loss, no personal injury, and there is no dispute about the basic facts. At the same time, the lawyer reminded us that we have also received disputes after personal reconciliation, and there are many sequelae, such as non-performance of compensation after personal reconciliation, repentance and so on. If both parties reach an agreement at the scene of the accident, but the other party fails to perform the agreement, they can report to the police or bring a lawsuit to the people's court to solve the traffic accident compensation issue according to the agreement and other basis. If a party fails to report to the police at the scene of a traffic accident and requests the traffic administrative department of the public security organ to handle it afterwards, it shall provide evidence of the traffic accident to the traffic administrative department of the public security organ within ten days after making the request. Similarly, if you bring a lawsuit to the court and ask the other party to bear the liability for compensation caused by the accident, you also need to provide relevant evidence. Therefore, lawyers believe that if the two sides voluntarily negotiate to solve the problem without calling the police, they should pay special attention to retaining relevant evidence.
Second, how to get to the traffic accident filing process
The traffic accident filing process is that the parties bring a lawsuit to the people's court, and the people's court conducts a review and accepts cases that meet the prosecution. If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
Third, how to cancel the settlement after the alarm?
If it is necessary to cancel the case, it may apply directly to the case-handling department, which will make a report on the cancellation of the case and report it to the person in charge of the public security organ at or above the county level for approval. The seized or detained property, fruits, documents or frozen property shall be released from seizure, seizure and freezing, unless otherwise handled in accordance with laws and relevant regulations.
Legal basis:
Road Traffic Safety Law of the People's Republic of China
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.