Do you need the traffic police to set the responsibility for hitting people in the community?

Need whether the car accident in the community belongs to 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. We believe that in a closed residential area, social vehicles are not allowed to enter, or a car accident occurs in a residential area with strict registration system, which is not a road traffic accident, and the traffic police department has no right to handle it. It should be handled by the police station where the jurisdiction is located according to public security cases.

First, how to deal with traffic accidents in the community?

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

1, which can be settled through consultation, is that the people have the final say. 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.

2, can request the community to invite the public security police officers who have participated in the survey site to be present, and cooperate with the community management committee to deal with it according to the relevant road traffic laws and regulations.

3. If the above two methods fail to reach an agreement, or if an agreement is reached, but the other party refuses to perform the agreement, it may bring a lawsuit to the people's court on the grounds of damages and solve it through litigation procedures.

Second, the traffic accident appraisal period

The traffic administrative department of the public security organ shall make a determination of road traffic accidents within ten days from the date of on-site investigation. In case of a hit-and-run traffic accident, a road traffic accident confirmation shall be made within ten days after the vehicle and driver involved in the traffic accident are detained. If inspection and appraisal are needed, the road traffic accident shall be determined within five days from the date of the conclusion of inspection and appraisal.

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:

1. Does the property service contract clearly stipulate the management responsibility of the property service company for parking and exercising vehicles in the community?

2. Is there any evidence to prove that the property service company failed to perform relevant management responsibilities as agreed?

3. 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);

4. Because the owner of the damaged vehicle has evidence to prove that the property management collects the vehicle care fee, he can claim compensation from the other party according to law;

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. In case the vehicle is damaged, it would be nice to have a certificate.

Legal basis: Article 77 of the Road Traffic Safety Law of the People's Republic of China. The traffic administrative department of the public security organ shall refer to the relevant provisions of this law when receiving the report of accidents caused by vehicles passing outside the road.

Article 119 of the Road Traffic Safety Law of the People's Republic of China: (1) "Road" refers to expressways, urban roads and places where social motor vehicles are allowed to pass, including squares, public parking lots and other places for the public to pass.

(2) "Vehicles" refer to motor vehicles and non-motor vehicles.

(3) "Motor vehicle" refers to a wheeled vehicle that is driven or towed by a power plant, travels on the road, and is used for carrying passengers or articles and carrying out special engineering operations.

(4) "Non-motor vehicles" refer to vehicles driven by human or animal power and running on the road, as well as motorized wheelchairs, electric bicycles and other vehicles for the disabled whose design maximum speed, no-load weight and overall dimensions meet the relevant national standards.

(5) "Traffic accident" refers to an incident that causes personal injury or property loss due to vehicle failure or accident on the road.