Can you negotiate compensation for traffic accidents yourself?

In a traffic accident, there is usually one party at fault, and that party is responsible for compensating for the damages they have caused. Article 584 of the 2015 Civil Code stipulates the grounds for liability for damages as follows:

- Any person who infringes upon the life, health, honor, dignity, reputation, property, rights, or other legitimate interests of another person and causes damage shall be liable for compensation, except in cases where this Code or other relevant laws provide otherwise.

- The party causing the damage shall not be liable for compensation if the damage arises from a force majeure event or is entirely due to the fault of the injured party, unless otherwise agreed or provided for by law.

When a traffic accident occurs, the two parties can reach a settlement on their own, but if the person who caused the accident violates regulations, they will still be subject to penalties or criminal prosecution.

It can be seen that when a traffic accident occurs, the person causing the accident, if they infringe upon the life, health, or property of others, must provide compensation, and the two parties can agree on the compensation issue. However, if the person causing the traffic accident violates traffic safety regulations, they will be subject to administrative penalties or criminal prosecution depending on the severity of the violation.

Regarding administrative responsibility: When traffic participants violate traffic regulations, depending on the specific violation, they will be subject to administrative penalties as stipulated in Decree 100/2019/ND-CP, amended and supplemented by Decree 123/2021/ND-CP, which regulates administrative penalties for violations in the field of road and rail transport.

Some traffic violations subject to administrative penalties include: failing to obey traffic signs and road markings; failing to obey traffic lights; driving against the flow of traffic on a one-way street; exceeding the speed limit; reckless driving, swerving, etc.

Regarding criminal liability: Acts causing traffic accidents due to violations of road traffic regulations resulting in harm to others may be prosecuted for the crime of violating road traffic regulations under Article 260 of the 2015 Penal Code, as amended and supplemented in 2017.

BAO HUNG

Source: https://vtcnews.vn/co-duoc-tu-thoa-thuan-boi-thuong-tai-nan-giao-thong-ar861166.html