What is the procedure for handling a car accident?
2 Answers
Here is the relevant information about car accidents: Procedure for handling an accident: (1) On-site investigation by the traffic department. After verifying the on-site investigation records, the traffic police department should require the parties or witnesses to sign the on-site diagram. For inspection purposes, the involved vehicle and the parties' relevant documents may be detained. (2) Determination of traffic accident liability by the traffic department. After investigation, the traffic police department should determine the parties' liability based on their actions' role in causing the accident and the severity of their faults. (3) Compensation mediation organized by the traffic department. After confirming the completion of the injured party's treatment or determining the damage results, if the parties agree to mediation, the traffic police department can organize mediation. Mediation generally does not exceed two sessions. If mediation fails, a "Mediation Termination Letter" is issued, informing the parties to file a lawsuit in court within the statutory time limit. Alternatively, parties can directly file a lawsuit in court without applying for mediation. (4) Filing a lawsuit in court. Parties can entrust a lawyer or file a lawsuit themselves in the basic-level court where the accident occurred. During the court proceedings, parties can mediate under the court's guidance to reach a settlement agreement. If mediation fails, the court will issue a judgment according to the law. (5) Applying for compulsory enforcement. If the party obligated to fulfill the judgment does not perform the compensation within the time limit set by the judgment or mediation, the plaintiff can apply to the court for compulsory enforcement, and the court's enforcement bureau will compel the obligated party to fulfill the compensation. Precautions for handling accidents: (1) Immediately report the accident to the police to secure evidence and clarify liability. (2) Promptly apply to the court for property preservation of the accident vehicle to prevent the at-fault party from transferring assets after retrieving the vehicle. According to the law, the traffic management department of the public security authority must notify the parties to retrieve the accident vehicle and the vehicle's driving license within five days after completing the inspection and appraisal. This means the vehicle cannot be stored in the parking lot indefinitely. Once the traffic police complete the inspection and appraisal, the at-fault party can retrieve the vehicle within five days. Therefore, it is crucial to apply to the court for property preservation of the accident vehicle promptly.
My experience with a car accident is that the first step is to stop the car, turn off the engine, activate the hazard lights, and place a warning triangle 50 meters behind the vehicle to ensure the safety of yourself and others. Then, check if anyone is injured. If someone is hurt, call 120 for emergency assistance immediately without hesitation or delay. Next, call 122 to report the accident, providing detailed information about the location and the situation. When the traffic police arrive, exchange information with the other driver: name, phone number, driver's license, license plate, and insurance company. At the same time, use your phone to take photos for evidence, including panoramic shots, collision points, and damage details, as this will assist with insurance claims. After reporting to the police, contact your insurance company as soon as possible to file a claim, providing all evidence and reports. Stay calm throughout the entire process and avoid arguing with the other party to prevent affecting judgment. After the accident, go to the traffic police station to give a statement, and the insurance personnel will follow up on the claim. If everything goes smoothly, it can be resolved within a few days. Remember, safety is always the top priority. Preparing reflective vests and a first aid kit in the car beforehand can help you handle emergencies more confidently.