Traffic accident handling process:
1, accept the report. After receiving a report from a party or other person, the public security traffic management department shall file a case according to its jurisdiction;
2. On-site treatment. After accepting the case, the public security traffic management department immediately sent personnel to the scene to rescue the injured and property, explore the scene and collect evidence;
3. Responsibility identification. On the basis of finding out the facts of traffic accidents, the public security traffic management department determines the responsibility of traffic accidents according to the causal relationship and function between the illegal acts of the parties involved in the accidents and the traffic accidents.
4. Reward and punish. The traffic administrative department of public security shall, in accordance with the relevant provisions, punish the person responsible for the accident with warning, fine, suspension, revocation of driver's license or detention;
5. Mediation of damages. Compensation for personal injuries and economic losses caused by traffic accidents shall be divided into corresponding compensation proportions in accordance with relevant regulations and compensation standards, and the public security traffic management department shall convene both parties to mediate. Both parties agree to reach an agreement, and the accident mediator will make and issue a conciliation statement for damages;
6. Bring a lawsuit to the court. If both parties fail to mediate within the statutory time limit, the public security traffic management department will terminate the mediation and issue a mediation conclusion, and both parties will bring a civil lawsuit to the court.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 179 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
Measures for payment of litigation fees
Twenty-ninth litigation costs shall be borne by the losing party, unless the winning party voluntarily bears it. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. * * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.
Article 30 If the people's court of second instance changes the judgment or ruling of the people's court of first instance, it shall accordingly change the decision of the people's court of first instance on the burden of litigation costs.