The Tong'an District Court of Xiamen City, Fujian Province, has recently introduced a new initiative for handling compensation cases related to traffic accidents. Prior to litigation in these cases, the court invites insurance companies to participate in mediation after obtaining the consent of both parties involved. Through tripartite negotiations, the issue of advance compensation by the insurance company is resolved, ensuring that the injured party receives timely medical expenses.
According to the head of the Tong'an District Court, under the traditional procedures for handling traffic accident compensation cases, the responsible party initially bears the cost of damages and then applies to the insurance company for reimbursement. This process can be lengthy, especially when the victim urgently needs medical expenses and the responsible party lacks the corresponding ability to compensate. This situation is not conducive to protecting the rights of the victims.
Under the new measures implemented by the Tong'an Court, after a traffic accident occurs and the parties involved resort to legal action, the court invites the insurance company to participate in mediation upon obtaining the consent of both parties. The three parties then negotiate on issues such as the amount and method of compensation payment, ensuring that the parties receive their insurance compensation in the shortest possible time.
It is reported that when notifying the insurance company to participate in court-mediated settlement, the court also sends relevant insurance claim materials to the insurance company. Within 5 working days of receiving the court's sent materials, the insurance company will conduct a review. If the conditions for compensation are met, the insurance company immediately sends the compensation list to the court.
Once a mediation agreement is reached, the insurance company will transfer the compensation within 10 working days after receiving the mediation document to a dedicated account designated by the court for execution purposes. The court is responsible for delivering the compensation to the parties within 2 working days. For cases that do not meet the conditions for insurance compensation or where the parties refuse mediation, the court will terminate the pre-trial mediation procedure and proceed with the trial according to law.
Reference documents: Related thematic articles: Traffic Accident Complaint - Traffic Accident Lawyer; Intermediary Contracts, Introducers Should Also Bear Loss Compensation Responsibilities; Cases of Forgery and Alteration of Financial Instruments, National Valuable Securities, Stocks, Corporate Bonds; "Because of Focus, So Simple; Because of Professionalism, Trustworthy; Because of Dedication, Worthy of Entrustment; Because of Integrity, Worthy of Reliance." Attorney Zheng has been committed to becoming an expert in traffic accident cases since the beginning of his practice. With years of experience in handling traffic accidents, he possesses rich skills in mediation and litigation. He is thoroughly familiar with the procedures and processes involved in handling traffic accidents and has established good relationships with courts, traffic police detachments, and disability assessment departments.
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