Traffic accidents between cars and trucks are unfortunate events. When they occur, it’s crucial for those involved to remain calm and understand the relevant legal regulations. This article provides information on the procedures for resolving accidents involving cars and trucks according to the 2024 Road Traffic Law, and the rights to car and motorbike insurance to protect your interests.
Insurance paperwork for car and motorbike accident claim.
Accident Resolution Process for Cars and Trucks Under 2024 Law
Traffic police at the scene of a car and motorbike accident.
The process for handling traffic accidents is outlined in Article 19 of Circular 63/2020/TT-BCA and the 2024 Traffic Law, and includes the following steps:
1. Receiving and Reporting
Based on investigation records and documents, traffic police report the accident to competent leaders. The report includes: conclusions on the cause, diễn biến of the accident, identification of fault for involved parties, and administrative violation handling (if any).
2. Inviting Related Parties
Traffic police will invite involved parties or legal representatives to the station to:
- Announce investigation and verification results.
- Establish a Traffic Accident Record for resolving the incident.
- Establish an Administrative Violation Record (if there is a violation).
- In case of justified absence, a record will be made, and a resolution schedule will be set.
3. Handling Administrative Violations
Traffic police will report to competent leaders to issue decisions on handling administrative violations (if any).
4. Resolving Civil Liability for Damages
Support related parties to resolve civil liability for damages voluntarily at the traffic police station. If no agreement is reached, traffic police will make a record and guide the parties to contact a competent Court for resolution.
5. Completing Procedures
After completing the resolution, the handling traffic police officer completes the hồ sơ and reports to the unit leader. Implement statistics, report road traffic accidents, and archive hồ sơ according to regulations.
6. Proposing Remedial Measures
If inadequacies are found in state management of traffic infrastructure or traffic organization, traffic police will issue written proposals to managing agencies or responsible sectors for remedial measures.
Compensation for Traffic Accidents Under 2024 Law
The law stipulates compensation for property and health, and mental damages as follows:
- Property: Compensation according to Article 589 of the 2015 Civil Code, including lost, destroyed, or damaged property, benefits related to the use and exploitation of property, and necessary expenses to limit, prevent, and remedy losses.
- Health and Mental Well-being: Compensation according to Article 590 of the 2015 Civil Code, including treatment and health recovery costs, lost income, costs of caring for the injured person, and compensation for mental suffering. The maximum level of mental suffering compensation does not exceed 50 times the base salary.
Mandatory Civil Liability Insurance for Cars and Motorbikes
- Cars: Maximum compensation of VND 150 million/person/case for health and life damage, and a maximum of VND 100 million/case for property damage (according to Decree 67/2023/ND-CP).
- Motorbikes: Maximum compensation of VND 150 million/person/case for health and life damage, and VND 50 million/case for property damage (according to the 2008 Road Traffic Law).
Conclusion
Understanding the traffic accident resolution process and insurance rights is crucial. This article has provided information on the process for resolving accidents between cars and trucks, damage compensation, and insurance according to the 2024 Traffic Law. You should equip yourself with this knowledge to protect your rights when participating in traffic. Contact Xe Tải Mỹ Đình for further advice on suitable truck types and insurance.
