14 provinces and cities pilot road traffic disputes online integration reform can be online mediation.

　　BEIJING, Beijing, November 28 (Zhang Ni Leng Haoyang) Recently, the Supreme People’s Court, the Ministry of Public Security, the Ministry of Justice and the China Insurance Regulatory Commission issued a notice and decided to jointly carry out the pilot reform of "online data integration processing" for road traffic accident compensation disputes in 14 provinces and cities including Beijing, Hebei and Shanghai. In the future, it is expected that online mediation, online identification, online litigation and one-click claim settlement will be realized in the road traffic accident compensation disputes in the pilot areas.

　　Which provinces and cities have entered the pilot?

　　The Supreme People’s Court, the Ministry of Public Security, the Ministry of Justice and the China Insurance Regulatory Commission recently jointly issued the Notice on the pilot reform of "online data integration processing" for road traffic accident damage compensation disputes in some parts of the country.

　　According to the Notice, the four departments decided to jointly carry out the pilot reform of "online data integrated processing" (hereinafter referred to as "online integrated processing") in 14 provinces and cities including Beijing, Hebei, Jilin, Shanghai, Jiangsu, Zhejiang, Anhui, Shandong, Henan, Hubei, Guangdong, Hainan, Sichuan and Chongqing.

　　What does online integrated processing include?

　　According to the requirements of the Notice, online integrated processing includes the processes of responsibility identification, claim calculation, online mediation, online appraisal, online litigation and one-click claim settlement.

　　In addition, the people’s courts in the pilot areas should establish and improve the docking mechanism of litigation and mediation, establish an online integrated processing platform according to the principle of co-construction, co-governance and sharing, and strive to realize online processing and information sharing of responsibilities identification, claims calculation, mediation, judicial expertise, court proceedings, one-click claims, road traffic accident social assistance fund advance and recovery, legal consultation and other businesses, and relevant departments and insurance industry should actively cooperate.

　　After the people’s court makes a judicial judgment online and serves it on the parties, it shall timely upload the relevant judgment documents and other litigation information.

　　Is there a charge for mediation through online integrated processing?

　　According to the Notice, whether to apply online integrated processing is voluntarily chosen by the parties concerned.

　　If the parties choose, before the dispute enters the litigation procedure, they should carry out pre-litigation mediation and one-click quick settlement in accordance with the relevant provisions of the Notice of China Insurance Regulatory Commission of the Ministry of Public Security and the Ministry of Justice on Promoting People’s Mediation Committee to Mediate Civil Damage Compensation for Road Traffic Accidents and the Opinions of China Insurance Regulatory Commission of the Supreme People’s Court on Comprehensively Promoting the Construction of Docking Mechanism for Insurance Dispute Litigation and Mediation.

　　In addition, online integrated processing for mediation does not charge any fees.

　　What if one party refuses to perform after the court makes a ruling?

　　According to the Civil Procedure Law of People’s Republic of China (PRC), the People’s Mediation Law of People’s Republic of China (PRC), the Supreme People’s Court’s Opinions on Establishing and Perfecting the Contradictory Dispute Resolution Mechanism Linking Litigation and Non-litigation, the Supreme People’s Court’s Overall Plan for Expanding the Pilot Reform of Contradictory Dispute Resolution Mechanism Linking Litigation and Non-litigation, and other relevant regulations, the mediation agreement reached through online integration has the nature of a civil contract, and the parties concerned should abide by it.

　　The Notice emphasizes that relevant mediation organizations should upload mediation information such as mediation agreements in real time. Both parties may jointly apply for online judicial confirmation of the mediation agreement. After the people’s court has made a confirmation ruling according to law, if one party refuses to perform or fails to perform in full, the other party may apply for compulsory execution.

　　Data Map: On November 8, 2017, a series of traffic accidents occurred in Yongdeng Expressway in Henan Province due to group fog. The picture shows the scene of the accident. Yaping photo

　　What should I do if I need to apply for identification in case of personal or property damage?

　　The "Notice" requires that when the traffic administrative department of the public security organ in the pilot area handles traffic accidents, if the parties are controversial about the compensation for the accident damage, they should actively guide the parties to choose online integrated processing, and timely transmit the relevant parties, accident vehicles, liability identification and other information to the online integrated processing platform. If the parties unanimously request mediation in writing from the traffic administrative department of the public security organ within the statutory time limit, mediation shall be conducted.

　　In addition, if the road traffic accident causes personal or property damage and needs to apply for appraisal, the mediation organization accepting the dispute may solicit the opinions of all parties, start the appraisal procedure online at the mediation stage, select the appraisal institution and obtain the consent of all parties, pay appraisal fees, transmit appraisal materials, notify all parties to be present for appraisal, form appraisal opinions and evaluate the appraisal opinions case by case, and feed back the evaluation results to the judicial administrative organ.

　　If one party entrusts the relevant department to make the appraisal conclusion, and the other party has enough evidence to refute and apply for re-appraisal, it shall be allowed.

　　Can I get paid quickly by initiating one-click claims online?

　　The Notice requires that the insurance regulatory agencies in the pilot areas should guide all insurance companies to actively make claims through online integrated processing. Where a case is settled through mediation or adjudication on the platform, if the parties initiate a one-click claim online, the insurance company should make a quick payment within the time limit.

　　How long will the pilot work last?

　　It is understood that the online integrated processing reform pilot will last for two years from the date of issuance of the Notice, and it will be implemented step by step. At this stage, it is only applicable to road traffic accident damage compensation disputes involving insurance, and relevant disputes that are not insured can be implemented with reference.

　　According to Liu Guixiang, a full-time member of the Judicial Committee of the Supreme People’s Court, the Supreme People’s Court, the Ministry of Public Security, the Ministry of Justice and the China Insurance Regulatory Commission will jointly strengthen guidance, organize periodic inspections and summaries in due course, and promote them nationwide when conditions are ripe. (End)