Determined cannot 7 kinds of circumstances of compounding:
1, with formalities not whole vehicle produces an accident
Mark of certificate of proof of motor vehicle license plate, car, car is sure to indicate, with lack these 3 kinds any one plant or the car happening accident of above cannot compounding!
2, when thing driver wine is driven or medicine is driven
The accident has when thing driver drink, take drug (medicines and chemical reagents of national control drive is anaesthetic perhaps medicines and chemical reagents) drive with drug taking of behavior cannot compounding!
3, both sides is attributive to accident reason and responsibility open to question
Perhaps form a reason to disagree to the fact that traffic accident causes, differentiate to responsibility open to question, cannot compounding.
4, damaged the accident of public facilities
The accident caused the destruction of public facilities and building, cannot consider private affairs only, forgot official business.
5, accident of traffic of home remedy happening
Common ground says, accident of home remedy traffic is to point to do not involve tripartite personnel to hurt (die) or accident of property losing traffic, collide namely outside object, oneself car damages, but outside object perhaps need not be compensated for without attaint.
6, drive without card or the driver cannot show a driver's license
The driver's license expires, invalidation perhaps drives without the driver's license start off, this is affirmative cannot compounding, need policeman decides specific it is not to have card to drive to still forget to take a driver's license.
7, the accident caused personal casualty
The accident that causes personal casualty is more complex, when thing car advocate judge specific liability case very hard. What need to do above all is emergency treatment of the person that call the police to be opposite in time.
Below what circumstance does compounding suit?
About the premise condition of compounding, " law of safety of transportation of road of People's Republic of China " in basically mentioned two kinds of conditions:
1, of the casualties of the member that did not build an adult that happens on the road inside canton, party does not have controversy to traffic accident fact and cause of formation and car can move by oneself, can withdraw the spot all right namely, restore traffic, negotiate processing damages matters concerned by oneself;
2, happen on the road inside canton get hurt the traffic accident that personnel thinks him injury affection is slight; Party does not have controversy to traffic accident fact and cause of formation and car can move by oneself, can withdraw the spot all right namely, restore traffic, negotiate processing damages matters concerned by oneself;
3, bilateral party all is not had " processing of simple and easy program sets traffic accident " enumerated fault (set namely the 13rd, 14, 16 place are enumerated fault circumstance) those who cause traffic accident, can negotiate damages matters concerned by oneself.
Can you call the police after traffic accident compounding?
"Compounding " hind request public security mechanism to handle again, after public security mechanism is undertaking critical education to party, ought to put on record undertakes handling. The clue that public security mechanism should provide according to party, gather evidence as far as possible, hold accident responsibility well and truly as far as possible.
But as a result of the spot already not answer exist, when cannot hold traffic accident responsibility, applicable " method of road transportation trouble removal " the 21st regulation, the traffic accident responsibility of illative party:
When party one party reports a case to the security authorities conditionally and reporting a case to the security authorities to perhaps was not reached namely, ① reports a case to the security authorities, make traffic accident cannot be maintained,
② party just reports a case to the security authorities conditionally each and do not report a case to the security authorities or did not report a case to the security authorities in time, make traffic accident cannot be maintained, should bear coequal responsibility;
Of accident of traffic of ③ motor vehicle and blame motor vehicle, pedestrian happening, motor vehicle one party should bear main responsibility, one party of blame motor vehicle, pedestrian bears less important responsibility.
After public security mechanism makes responsibility maintain and via two mediation disables, any one party party all have right to people court to lodge a complaint.
Program of traffic accident compounding
Party proper motion negotiates processing traffic accident, ought to undertake handling according to the following measure:
Examine belongings loss case.
Negotiate traffic accident fact and cause of formation, sign written " accident fact " agreement.
Take a picture or mark delimits the spot withdraws after the position.
Insurance reports a case to the security authorities, negotiate compensatory matters concerned, sign written compensation agreement.
Compounding flow note:
1
In the spot picture that can reflect actual condition must be taken below the case that defends safety truly, leave evidence.
2
If personnel gets hurt,must send in time toward the hospital, cannot decide in trouble spot whether compounding and how compounding.
3
Will surely deny compounding according to checking a result to be sentenced again, if discover the condition of an injury is more serious,scarcely should choose compounding, report a case to the security authorities in time.
4
The condition of an injury is slighter, and negotiate compounding hind, both sides should be signed " agreement of traffic accident compounding " , want to include bilateral party information among them, accident description, the information such as result of trouble removal method, examination and indemnity, sign by fingerprint, in duplicate, both sides holds each.
The risk that compounding may face:
1, " agreement of traffic accident compounding " have certain legal effectiveness, after signing, can avoid to be bothered partly. If one party accuses you,for instance cause trouble escapes, this agreement can serve as strong evidence.
2, but after be like compounding if follow-up examination discovers the condition of an injury is more serious, those who be put in great miscarriage of justice, can apply for cancel compounding agreement.
3, " agreement of traffic accident compounding " after successful cancel, inevitable meeting is put in more compensation.
4, average insurance company sets, after the accident inside 48 hours if do not report a case to the security authorities, criterion not put on record. That is to say, if did not report insurance company in time, boldly compounding, follow-up compensation derives from dig down.
How is agreement of traffic accident compounding written?
Agreement of traffic accident compounding
Party A:
Party B:
To the traffic accident of date happening, both sides of classics armour, second talks things over adequately to reach following agreements consistently:
One, Party A compensates for Party B of one's own accord each loss adds up to yuan of RMB.
2, the traffic cost that loss compensation includes Party B, nurse cost of cost, delay one's work, food room cost, be lived by bring up life the each loss compensation such as compensation of cost, follow-up cure cost, mental loss expenses, disability.
3, when this agreement is signed, party A beard is one-time pay Party B yuan.
4, the compensation that this consultative place involves is one-time terminative compensation, after Party A pays Party B fee, party B will hold any rights to Party A with any reason henceforth, party A has any liability to pay compensation no longer.
5, when this agreement is signed, both sides all is signed below voluntary state, nonexistent any great misunderstanding or the case of indication fairness, both sides of armour, second must not put forward to go back on one's word to the agreement with any reason.
6, Party B hind is compensated for in Party A, when compensate of manage of armour direction insurance company, party B should coordinate the work of Party A and insurance company actively, content includes to do disable appraisal is waited a moment, if do not deserve to added up to the job of Party A to cause Party A because of Party B,cannot manage to insurance company when compensate, party B ought to be returned return Party A to ought to manage by insurance company the amount of compensate.
5, this agreement signs from bilateral party effect of have a youthful look.
6, this agreement one type 2, armour, second is bilateral each hold.
Party A (sign) : Party B (sign) :
Date date
