Solutions to traffic accidents if the traffic police do not handle them:
1. The parties involved in the traffic accident can complain to their superior authority and ask them to handle it;
2. The parties involved in the traffic accident can also directly file a lawsuit with the People's Court for settlement.
The prosecution process for traffic accidents not handled by the traffic police:
1. Determine the jurisdictional court. The first issue to be determined before filing a lawsuit is which court to file the lawsuit. The plaintiff may file a lawsuit in the People's Court at the place of the defendant's domicile. If the defendant's place of domicile is inconsistent with the place of habitual residence, the plaintiff may sue in the People's Court at the place of habitual residence.
2. When writing a complaint, the civil complaint should contain the following contents:
(1) Basic information of the plaintiff and defendant. If the plaintiff knows that the whereabouts of the defendant are unknown, this should be stated in the complaint. In this case, the defendant's information and original place of residence should be provided as much as possible;
(2) The content of the litigation request should be specific and clear. If it is a payment, the type and quantity should be stated; if it is an act of payment, , it should state why it behaves or why it does not behave;
(3) Facts and reasons are the evidence and support for the plaintiff in the civil lawsuit to claim;
(4) Signature and time, signed or stamped by the plaintiff, and signed and timed.
3. Arrange the evidence. The evidence required for traffic accident prosecution is:
(1) Traffic accident certification and other evidence proving the existence of the road traffic accident;
(2) If the victim dies and his immediate family members file a lawsuit, they should submit a relative certificate and the victim’s death certificate;
(3) If the victim is disabled, he or she can submit a forensic appraisal certificate and disability grade assessment Certificate;
(4) Hospital diagnosis certificate, medical expense receipt, disability equipment fee, transportation expense receipt, vehicle maintenance fee and other documents;
(5) The victim and his attendants Proof of missed payment by relatives, proof of economic income of the victim and his accompanying relatives;
(6) Other evidence that must be submitted.
4. To file a case, that is, to submit a complaint and provide evidence to the court where the jurisdiction is located.
5. Payment of fees. The parties concerned shall pay the case acceptance fee and other litigation expenses in advance within seven days from the date of receipt of the acceptance notice.
6. After waiting for the trial judgment and filing procedures, the case will be scheduled for hearing by the court, and the parties concerned should obey the court's various work arrangements.
7. Apply for compulsory execution. After the judgment takes effect, if the performance period specified in the judgment expires and the other party still does not give you all the money, you can apply to the court for compulsory execution.
Legal Basis
Article 74 of the "Road Traffic Safety Law" stipulates that for disputes over compensation for traffic accident damages, the parties may request mediation from the traffic management department of the public security organ, or may directly submit the request to the traffic management department of the public security organ for mediation. A civil lawsuit was filed in the People's Court.
If the parties fail to reach an agreement after mediation by the traffic management department of the public security organ or do not perform the mediation letter after it takes effect, the parties may file a civil lawsuit with the People's Court.