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Detailed Information on Handling Traffic Accidents
 

1.Authority of handling traffic accidents
According to the Traffic Safety Law of P. R. of China, the traffic control department is responsible for handling traffic accidents in its jurisdictional area. Traffic accidents occurred in Dongcheng, Xicheng, Chongwen, Xuanwu, Chaoyang, Haidian, Fengtai, Shijingshan, Fangshan, Changping and Tongzhou are handled by the 11 traffic branches under BTMB separately; Traffic accidents in Shunyi, Pinggu, Huairou, Miyun, Yanqing, Mentougou, Daxing, Airport and Yizhuang Economic Development Region, by traffic branches and teams under the above nine districts and counties separately. The department of accidents or the groups on duty of the above branches or teams undertake the specific handling.

2.The first principle for people involved in a traffic accident
According to Article 70 (1) of the Traffic Safety Law of P. R. of China, when a traffic accident occurs, the driver should stop driving immediately and protect the spot. The first important thing for a driver involved in a traffic accident is to stop driving and protect the accident spot for treatment whether the loss is big or not.

3.Handling traffic accident of no personal injuries or deaths
According to Article 70 (2) (3) of the Traffic Safety Law of P. R. of China, when a traffic accident occurs that causes no personal injuries or deaths and people involved have no dispute over the facts of, and reasons leading to, the accident, people involved could leave the spot to let traffic return to normal and discuss penalty on their own; in case the concerned parties do not wish to leave the spot and wish to discuss the penalty on the spot, they should report to traffic police or management department immediately.

In case the traffic accident causes minor loss and has clear evidence, people concerned should leave the spot first and then negotiate the handling.

Beijing Public Security Bureau formulated the Notice on Quick Treatment on Traffic Accident based on the Traffic Safety Law of P. R. of China. Article 2 in the Notice stipulates: quick treatment of traffic accident refers to traffic police handling traffic accident by simple procedures or people concerned handle the accident themselves. Accident of minor material losses or light personal injuries can be handled by one policeman through simple procedures. People concerned can handle traffic accident themselves when the accident involves, but does not handicap the vehicles. In case the traffic accident falls under Article 8(34) (non-driver), (35) (drunk driving), (36) (unilateral accident), then it shall not be handled by the parties themselves.

4.Treatment of traffic accident that causes injuries or deaths
According to Article 70 (1) of the Traffic Safety Law of P. R. of China, any traffic accident that causes injuries or deaths, driver involved should help the injured and report the accident to traffic police or traffic control department immediately. In case the scene gets changed due to rescue work, the positions should be indicated. Passengers, passing drivers or pedestrian should give help. The driver, who causes the injuries or deaths, should report to police (alarm call 122, emergency call 120 and 999) and protect the scene. In case the accident spot is in an out-of-way area or there is no telephone nearby, but the injured people must be treated at once, and in case no other vehicle can be used to carry the injured to hospital, the vehicles involved in the accident can be used for rescue purpose.

However, before leaving the spot, clear marks should be made to indicate the positions of the vehicles and injured by using convenient objects such as stones, bricks or lime.  

5.Treatment of hit-and-run case of accidents
Passengers, passing drivers and pedestrians should call alarm telephone 122 immediately if there is a hit-and-run accident. According to Article 71 of the Traffic Safety Law of P. R. of China, eyewitnesses and any person with related information should report the accident to traffic control department or police. If the report is proven true, the traffic control department will award the reporter.

6.Self-protection measures after traffic accidents
According to Article 52 of the Traffic Safety Law of P. R. of China, when a vehicle needs to stop due to a breakdown, the driver should turn on the alarm light at once and park the vehicle at a place that blocks no traffic; in case the vehicle cannot be moved, the alarm light should be kept flashing and alarm device be placed toward the direction of coming vehicles to extend the alarm distance, if necessary, report to the police at once.

According to Article 68 of the Traffic Safety Law of P. R. of China, when a vehicle has a breakdown, alarm sign should be put 150-meter away from it toward the coming vehicle direction, passengers should move to the road shoulder on the right side or to the emergency lane and report to police at once. The vehicle should be removed or towed.

According to Article 60 of the Traffic Safety Law of P. R. of China, when a vehicle blocks traffic due to breakdown or traffic accident and cannot be moved, it should flash the alarm light and place alarm device 50-100 meters away from the rear, when in night, should turn on the outline light and rear light.

7.Treatment in case people involved have no disputes on the accidents
According to Article 86 of the Traffic Safety Law of P. R. of China, when a traffic accident occurs between vehicles or between vehicle and non-vehicle, if people concerned, having no disputes on the accident reason and fact, can leave the spot and self negotiate the damage compensation after recording the time, place, names of people concerned, contact numbers, vehicle board numbers, driver’s license numbers, insurance certificate numbers and collision sections, as well as after signing the papers. If the people concerned have disputes on the reason and fact of the accident, they should report to police at once.

According to Article 87 of the Implement Measures on the Traffic Safety Law of P. R. of China, if a traffic accident occurs between non vehicles or non-vehicle and pedestrian, causes no personal injuries, and has clear basic facts and reasons, people concerned should leave the spot first and then self handle the damage compensation; If people concerned have disputes on the reasons and facts of the accident, they should report to police at once.

According to the Notice on Quick Treatment on Traffic Accident, if both concerned parties have no disputes on the facts and reasons of the accident, they can leave the spot and self negotiate the damage compensation; in case the damage is not big and the basic fact is clear, the concerned parties should leave the spot first and then negotiate the treatment; in case the parties concerned handle the accident by themselves, they should record the accident before leaving the spot; in case the people concerned do not leave the spot at once or only one person engages in the accident, the accident should be reported to traffic police or traffic control department at once for handling.
In case the people concerned report the accident to traffic police or traffic control department and   leave the spot, but fail to negotiate on damage compensation, the police can practice a quick treatment according to simple procedures contained in the Notice.

8.Treatment in case there is dispute on accident facts
When there is a dispute on accident facts between the parties, they should protect the accident spot and report to traffic police at once for treatment. Moreover, they shall also guarantee self safety.

9.Treatment in case one side of the accident backs out after leaving the spot
When leaving the spot, in case the people concerned have no dispute on the accident facts but cannot agree on damage compensation, they can apply a civil action to the local people’s court with the Agreement of Self-Treatment of Traffic Accident, or report to police for treatment at once.

When leaving the spot, in case the people concerned have disputes on the accident facts, they should report to police for treatment at once.

10.Treatment in case mediation is required by people concerned
When people concerned require traffic police’s mediation on an accident, the traffic police can identify the damages, the erring side and the compensation on the spot. If the people concerned reach an agreement, the traffic police shall record it on the Paper of Simple Treatment of Traffic Accident; the people concerned sign the record and be given the record on the spot.

If the people concerned dispute on the identification of the accident and disagree with the mediation of traffic police, as well as refuse to sign on the Paper of Simple Treatment of Traffic Accident, the traffic police should record the condition on the Paper and give it to the people concerned on the spot.

If a mediation fails or the people concerned do not carry out the agreement, the people concerned can apply a civil action to a people’s court and take the Paper of Simple Treatment of Traffic Accident as an evidence.

11.  In case the accident facts are clear and no personal injuries incurred, people concerned should protect the spot and report to police for treatment immediately.
People concerned should protect the spot and report to the police at once under any of the following circumstances:
1). The vehicle has no registration number, no sign of qualification certificate and no insurance sign;
2). The driver has no driver’s license;
3). The driver drunk drives, or under influence of psycho or anaesthetic drugs which are under government control;
4). Subject to Article 70 (2) of the Traffic Safety Law of P. R. of China, the people concerned have disputes on the facts or reasons of the accident;
5). The vehicle is unremovable itself;
6). The vehicle collides with buildings, public or other facilities.

12.In case traffic police do not mediate
The traffic police may not mediate, but should record relevant condition on the Paper of Simple Treatment of Traffic Accident and send the Paper to the people concerned under any of the following circumstances:
1). The people concerned cannot provide traffic accident evidence and the police cannot identify the accident due to scene altered;
2). The people concerned dispute over the accident identification;
3). The people concerned do not agree to have police mediation;
4). The people concerned refuse to sign on the Paper of Simple Treatment of the Traffic Accident.
  
13. Treatment in case the injured in accident do not have enough fund for medical treatment
Even if the injured people or driver do not have enough fund for medical treatment, the medical department still must treat the injured people at the same time when the traffic control department informs the insurance company or the management office of social salvage fund to make payment.

14.People concerned should notice following items when signing on the spot drawing of the accident
The spot drawing paper of the traffic accident is the record made by police after spot investigation. When people concerned are asked to sign on the spot drawing paper, they must check the correctness of the drawing, and ask for explanation if it is unclear, and ask for re-investigation if difference between the spot and the drawing exists. With convincing explanation received and difference removed, the people concerned should sign on the drawing paper.

In case the people concerned refuse to sign on the spot drawing paper without reason, the traffic police can record the condition on the drawing paper and such drawing paper has the effect of evidence.

二级菜单
Provisions on
Road Passage
Flow Chart for Handling Traffic Accidents
How to Use the 122 Emergency Phone Number
Manual of Fast Procedure for Handling Vehicle Traffic Accidents

Copyright 2010 Beijing Traffic Management Bureau. All rights reserved.