How to deal with a car collision in the yard of the community?

The handling method of car crash in the community is as follows:

(1) After causing a traffic accident, the driver of the vehicle should immediately stop and get off to check the casualties;

(2) Call the police immediately. After causing a road traffic accident, the party who has the ability to report to the police shall promptly notify the nearby public security organ or the nearby traffic police on duty, and stay at the scene to wait for rescue after reporting to the police. If the vehicle is insured, it shall also notify the insurance company within 48 hours;

(3) Maintain the initial state of the site. After a road traffic accident, we should try our best to avoid moving the location of vehicles and articles at the scene and protect the evidence at the scene.

1. Is a car accident in the community a road traffic accident?

In real life, to distinguish the nature of the community, we can not generally think that as long as the vehicle collision occurs in the community, it is not a traffic accident. Only car accidents in non-closed residential areas belong to the category of traffic accidents.

In a closed residential area, social vehicles are not allowed to enter, or a car accident occurs in this area according to a strict registration system, which is not a road traffic accident. The traffic police department has no right to deal with it, and it should be handled by the local police station in the jurisdiction according to public security cases.

2. Who is responsible for handling traffic accidents in the community?

Therefore, when the traffic police department receives a traffic accident report outside a residential area and other roads, it will handle it with reference to the traffic accident handling procedures inside the road.

3. Can I claim compensation from the property if there is a traffic accident in the community?

In the judicial field, this issue is still inconclusive. When judging whether the property is responsible, the following factors should be considered:

First, whether the property service contract clearly stipulates the management responsibility of the property service company to park and exercise vehicles in the community;

Second, is there any evidence to prove that the property service company has not fulfilled the relevant management responsibilities as agreed?

Third, whether the management fee charged by the property for car parking is parking space use fee (parking fee) or vehicle care fee (depending on the fare).

Because the owner of the damaged car has evidence to prove that the property management collects the vehicle care fee, he can legally ask the other party for compensation.

Therefore, when paying the parking fee, the owner should pay attention to whether the vehicle care fee is indicated on the back of the bill. If the vehicle is damaged, it is good to have proof.

4. What should I do if there is a traffic accident in the community?

Generally speaking, there are three ways to solve the accident.

First of all, it can be solved through self-negotiation, that is, what the people say is private.

If private settlement is chosen, both parties shall make a detailed record of the time, place, accident form, car damage, car number and model of both parties. After both parties sign, it is best to find a security guard or a property manager as a witness, and then go to the insurance company to settle claims according to the records of both parties and the testimony of witnesses.

Secondly, the community can be asked to invite the public security police who participated in the exploration site to be present, and cooperate with the community management Committee to deal with it according to relevant road traffic laws and regulations;

Third, if an agreement cannot be reached through the above two channels, or an agreement is reached, but the other party refuses to perform the agreement, it can bring a lawsuit to the people's court on the grounds of damage and solve it through litigation procedures.

How to handle a car accident in a residential area? This kind of incident can be solved by the owners of both sides through negotiation, but if negotiation fails, the local police station can solve it according to the responsibility of the accident. If the corresponding results are still not achieved, you can bring a lawsuit to the local people's court and deal with it accordingly to solve such incidents.

legal ground

Road Traffic Safety Law of the People's Republic of China

Article 69. Except when the people's police of public security organs perform emergency tasks according to law, no unit or individual may intercept or check the moving vehicles on the expressway.

Article 70 When a traffic accident happens on the road, the driver of the vehicle should stop immediately to protect the scene. If personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured and report to the traffic police on duty or the traffic management department of the public security organ in time. If the scene is changed due to the rescue of the injured, the location shall be indicated. Passengers, drivers of passing vehicles and passers-by shall give assistance.

If a traffic accident occurs on the road, causing no personal injury or death, and the parties concerned have no dispute over the facts and reasons, they can immediately evacuate the scene, resume traffic and negotiate for damages; If it is impossible to leave the scene immediately, it shall promptly report to the traffic police on duty or the traffic management department of the public security organ.

If there is a traffic accident on the road, which only causes minor property losses and the basic facts are clear, the parties concerned should evacuate the scene first and then negotiate.

Article 71 If a vehicle escapes after a traffic accident, witnesses and other insiders at the scene of the accident shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the traffic administrative department of the public security organ shall reward it.