What is the process for handling a car accident?

1 Answers
CamilleAnn
07/24/25 5:26pm
Here is the relevant introduction to handling a car accident: 1. Accident handling process: (1) On-site investigation by traffic authorities. After verifying the accuracy of the on-site investigation records, the traffic police department should require the parties involved or witnesses to sign the scene diagram. For inspection purposes, the involved vehicles and relevant documents of the parties may be detained. (2) Determination of accident liability by traffic authorities. After investigation, the traffic police department shall determine the liability of the parties involved based on their actions' role in causing the accident and the severity of their faults. (3) Compensation mediation organized by traffic authorities. After confirming the completion of the injured party's treatment or determining the damage results, if the parties agree to compensation mediation, the traffic police department can organize the mediation. Generally, mediation sessions do not exceed two times. If mediation fails, a "Mediation Termination Notice" is issued, informing the parties to file a lawsuit in the People's Court within the statutory time limit. Alternatively, parties may directly file a lawsuit in the People's Court without applying for mediation. (4) Filing a lawsuit in the People's Court. Parties may entrust a lawyer or file a lawsuit on their own, usually in the basic-level People's Court where the accident occurred. During the court proceedings, parties may mediate under the court's supervision to reach a mediation agreement. If mediation fails, the court will make 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 determined by the judgment or mediation, the plaintiff may apply to the People's Court for compulsory enforcement, where the court's enforcement bureau will compel the obligated party to fulfill the compensation. 2. Precautions for accident handling: (1) Immediately report the accident to the police after it occurs to secure evidence and clarify responsibility. (2) Promptly apply to the court for property preservation of the accident vehicle to prevent the responsible 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 the inspection and appraisal are completed. This means the vehicle cannot be stored in the parking lot indefinitely. Once the traffic police complete the inspection and appraisal, the responsible party can retrieve the vehicle within five days. Therefore, it is crucial to promptly apply to the court for property preservation of the accident vehicle.
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