1. In accordance with the 《The Road Traffic Safety Law of the People’s Republic of China》，《The Stipulation of the Vehicle Traffic Accidents Liability Compulsory Insurance》,《 Regulations of Beijing Municipality on the Implementation of < The Road Traffic Safety Law of the People’s Republic of China >》and the stipulations of relevant laws and regulations, and in light of the accidents-handling practices within the Beijing Municipality, this procedure was formulated to ensure the orderly, safe and smooth road traffic of Beijing as well as to relieve the congestion caused by traffic accidents and enhance road traffic efficiency.
2. On roads within the administrative area of the Municipality, the drivers shall negotiate and handle accidents by themselves in case of traffic accident which has caused damages between vehicles or slight injury to personnel, but vehicles are still moveable.?
3. After the accident specified by the second article of this procedure has occurred, the drivers must stop their vehicles immediately while turning on the warning-light, and also the shape-indicating light and the far-end lights in case the accident happens at night. After noting down each other’s car-plate number and ways of contact they should move their vehicles rapidly under safe conditions to a place where they do not obstruct the traffic flow for further negotiation and solution.
The other vehicles should give way to ensure safety when the accident vehicles leave the scene.
4. The drivers must move the vehicles rapidly to a place where they do not obstruct the traffic flow, call 122 and wait for the traffic police after marking out the accident scene on the ground, under one of the following scenarios:
Hitting buildings，the public and other facilities;
The vehicle does not have the sticker of inspection test approval;
The vehicle does not have the Compulsory Insurance sticker;
The vehicle has not been covered locally for the Compulsory Insurance in the Beijing Municipality;
One party hits and runs.
5. The drivers should call 122 immediately and wait for the police under one of the following scenarios:
The vehicle does not have car –plates;
The driver does not have driver’s license;
The drivers is under alcohol.
6. The driver shall move the vehicle rapidly to a place where it does not obstruct the traffic flow and report the case to the insurance company，if the accident is unilateral and the damage involves only the concerned party.
7. If there exists with one party one of the following scenarios whereas none of following exists with the other party，then the party that has one of the following should bear the full liability:
Rear-end collision;
Vehicle going on wrong side of the road;
Vehicle backing up;
Vehicle sliding down-hill;
Opening and shutting the door;
Disobeying the indication of traffic signal;
Not giving way as stipulated in the regulations;
Other cases in which the concerned party should bear the full liability.
8. When both vehicles are covered in the Beijing Municipality for Compulsory Insurance of the Motor Vehicle Traffic Accidents Liability，the drivers involved should inspect each other’s driver license and the insurance voucher, determine the liability and the compensation amount on their own accord, before reporting the case to the respective insurance companies. Both parties should then fill in the items in the 《Contract Paper of the Fast Procedure for Handling Road Traffic Accidents》after obtaining the case number from the insurance company. Each party shall hold one copy of the contract paper.
9. Both parties involved in the accident should go to the fully liable party’s insurance company, which will deal with the compensation and the assessment of the damage according to the relevant laws. If the cost of the non-liable party’s damage is less than 2000 Yuan, then it shall be paid by the Compulsory Insurance of the fully-liable party; if the cost is over 2000, then the margin will be paid by the Commercial Third Party Liability Insurance. If the fully-liable party is not insured under the Commercial Third Party Liability Insurance, the cost shall be paid personally by the fully-liable party’s driver.
The non-liable party shall also report the case to the insurance company and fill in the 《Contract Paper of the Fast Procedure for Handling Road Traffic Accidents》, even if it has no or slight damage, nor asks for compensation.
10. The two parties may go to the insurance company of either side that is nearby for damage assessment, if they bear equal liabilities. The responsible company must unconditionally inspect the vehicles of both sides, and present the two parties with the inspection report, assessment paper and the compensation files the insurance companies need.
The insurance companies should compensate respectively for the insured vehicles of both parties within the limit of the Traffic Accident Compulsory Insurance based on the inspection report, assessment paper presented by the responsible company, if the damage’ cost of neither sides’ vehicles exceeds 2000 yuan.?
The responsible insurance company should notify the other party’s company for mutual vehicle inspection if either of the party’s damage exceeds 2000yuan. For the part within the mark of 2000 Yuan, the insurance company shall compensate within the limit of the Compulsory Insurance; the margin over 2000 will be paid proportionately under the Commercial Third Party Liability Insurance based on the liabilities of the accident. The driver shall compensate personally according to the proportionate liabilities in case he or she has not bought the commercial insurance.
11. If one party should hit and run after the accident, then the other party should call the police immediately. The damage of the victim’s vehicle which is covered by the Commercial Vehicle Damage Insurance shall be paid in advance according to the stipulations by the insurance company responsible for the damaged vehicle. After the case is solved, the insurance company shall retrieve the compensation amount from the “Hit and Run” party.
12. For those drivers who should leave the scene voluntarily but haven’t done so, the traffic management department of the public security bureau shall tow the vehicles away to the place where they do not obstruct traffic; the traffic police will fine the drivers 200 Yuan each if their vehicles should cause traffic congestion and also add fines in case of other violations.
13. According to the law, the drivers who have committed “Hit and Run” shall be fined less than 2000 Yuan, detained administratively for up to 15 days and be minus 12 points from their driver’s registration record. The insurance company shall raise the insurance fee of the Hitter and Runners’ vehicle in the following year according to the regulations.
14. The insurance companies shall not compensate those who caused accidents on purpose and committed fraud. These offenders shall be dealt with by the public security bureaus according to the law and legal proceedings shall be taken against those who have violated the criminal law.
15. This procedure takes effect as of July 1st, 2007. The parts about the negotiations between drivers themselves as stipulated in the 《the Simplified Procedures for Handling Road Traffic Accidents of Beijing》which came into effect from September 1st,2005 shall be simultaneously terminated and invalid.
