What is the impact of the traffic accident if the other party does not close the case?

If the traffic accident is not closed, the vehicle will not be able to drive on the road and the annual examination. New road traffic accident handling procedures: Article 28, due to the need to collect evidence, the traffic management department of the public security organ may detain the accident vehicle and motor vehicle driving license, and issue administrative compulsory measures certificate.

The impounded vehicle and motor vehicle driving license shall be properly kept. The traffic management department of the public security organ shall not detain the goods contained in the accident vehicle. After verifying the weight, volume and loss of the goods, notify the driver of the motor vehicle or the owner of the goods to dispose of it by himself.

Where there is no way to notify the parties or the parties do not handle it on their own, it is to be handled in accordance with the relevant provisions of the "Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs". Article 29 Due to the need to collect evidence, the traffic management department of the public security organ may seize the items related to the accident, and issue a list of the seized items in duplicate, one to the holder of the seized items, and one to the case file. Seized items shall be properly kept.

The period of seizure shall not exceed 30 days, and if the case is major or complicated, it may be extended for 30 days with the approval of the person in charge of the public security organ at the same level or the person in charge of the traffic management department of the public security organ at the next higher level; Except as otherwise provided by laws and regulations. Article 44 Within five days from the date of determination of the inspection and appraisal conclusions, the traffic management department of the public security organ shall notify the parties concerned to collect the detained accident vehicle, motor vehicle driving license and seized items. Where the driver's escaped ownerless vehicle or a vehicle that is still not collected after 30 days of notifying the parties, and the vehicle still does not come for disposition within three months of the announcement, the impounded vehicle shall be dealt with in accordance with law.

He could go to court and sue you, and then the court decides. If you apply for compulsory enforcement and you refuse to enforce it, he can apply for you to be a judgment defaulter, which will affect your credit in the future. Such as home loans, credit card applications, and so on.

But the whole process went down, and it was also half wasted. Let's not let him open his mouth and negotiate a solution.

1. If the case is not closed after a traffic accident, the vehicle will not be able to drive on the road and the annual examination. If the other party drags on and does not close the case, the other party can file a lawsuit in the court with the traffic police ruling, and go to the court to settle the civil lawsuit through legal means.

2. Legal basis: Article 120 of the Civil Procedure Law of the People's Republic of China.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where there is genuine difficulty in writing the complaint, the lawsuit may be brought orally and rudely, and the people's court will record it in the record and inform the opposing party.

2. What are the constituent elements of a traffic accident?

1. It must be caused by a vehicle. Vehicles include motor vehicles and non-motor vehicles, and traffic accidents cannot be constituted without vehicles, for example, collisions between pedestrians and pedestrians in the course of travel do not constitute traffic accidents;

2. It happened on the road. Roads refer to highways, urban roads and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit, including squares, public parking lots and other places used for public traffic;

3. Occurs in motion. It refers to the event that occurs in the process of driving or parking, if the vehicle is in a complete stop state, the pedestrian takes the initiative to collide with the vehicle or the passenger gets on and off the car in the process of crowding, falling, and ** accidents, it is not a traffic accident;

4. Something happened. It refers to the occurrence of one of the leakage phenomena such as collision, crushing, scraping, overturning, crashing, **, and fire;

5. There must be damage to the consequences. Damage consequences only refer to direct damage consequences, and the return is material losses, including personal and property losses.

1. The traffic police department shall determine the responsibility, coordinate and resolve the signature, and if the car is detained, the car cannot be taken out.

2. The traffic accident will not be inspected if it is not handled.

3. If the case is not closed, the victim can file a lawsuit in the court with the traffic police ruling, and go to the court to resolve the civil lawsuit through legal means, and the owner will accompany the lawsuit.

4. The insurance company shall bear the accident loss at the time of closing the case, and the part beyond the scope of insurance compensation shall be borne by you.

According to the "Regulations on Traffic Accident Handling Procedures":

Article 59: The determination of road traffic accidents shall be made so that the facts are clear, the evidence is credible and sufficient, the law is correctly applied, the division of responsibility is fair, and the procedures are lawful.

Article 60 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

Article 61: In any of the following circumstances, a party bears full responsibility:

1) Fleeing after a road traffic accident;

2) Intentionally destroying or fabricating a scene or destroying evidence.

Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.

If you don't have a driver's license, it won't matter to you, at most you will have the other party take you to court.

If the traffic accident is not closed, the vehicle will not be able to drive on the road and the annual review.

What is the traffic accident insurance compensation procedure?

1. Report the case to the insurance company. Usually, after a traffic accident, the vehicle owner must not only report the accident to the local traffic management department, but also report the accident to the insurance company within 48 hours of the accident. 2. Investigation and inspection of the accident scene.

After receiving the accident report, the insurance company shall immediately arrange for the company's claims adjuster or the entrusted loss adjuster, technical appraisal agency, and overseas ** person to investigate the accident at the accident site, understand the losses involved, consult and preliminarily collect evidence and information related to the nature, cause and loss of the accident, confirm whether the accident is an insurance liability, and entrust a special technical appraisal department or scientific research institution to provide professional technical support if necessary. 3. Loss assessment and valuation. After the relevant personnel of the insurance company have investigated and inspected the scene of the traffic accident, they should estimate the losses caused by the accident.

If the insured believes that there is a problem with the insurance company's loss assessment, the insured can also raise an objection to the insurance company, and at the same time entrust the relevant agency to make an appraisal of the loss. The insurance company and the insured agree on the loss estimate and proceed to the next step of the process. Fourth, submit the materials for compensation for the block.

Although the right is given, if you don't know how to assert it, then the right to excite the profit is likely to be in vain. Therefore, when the loss is determined, the insured can claim compensation from the insurance company. Usually, when the insured makes a claim to the insurance company, he or she must submit documents related to the accident, such as insurance policies and claim applications, so as to facilitate the insurance company's verification.

5. Calculation and review of compensation. After the insurance company has reviewed the claim materials submitted by the insured, if it is true and reliable, the insurance company should assume the insurance liability in accordance with the insurance contract and determine the specific amount of compensation. 6. Receiving insurance benefits.

After the insurance company has made a compensation decision, it can notify the insured to collect the insurance money from the insurance company within the specified time limit. 7. Assist in recovery. In many cases, the law also empowers the insurance company to claim compensation from the real culprit party after the insurance company has paid the insured for the insured's losses.

At this time, the insured cannot refuse to help or even hinder the insurance company from claiming compensation from the real culprit party because he has already received compensation anyway.

Article 74 of the Road Traffic Safety Law provides that in the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

The above is the answer to the question of closing the traffic accident case, I hope it will be helpful to you.