What materials are required for pre litigation property preservation of traffic accidents? What to l

After a traffic accident occurs, the victim may apply for pre-litigation property preservation in order to ensure that he or she can receive compensation and prevent the wrongdoer from transferring property. So what are the materials required for pre-litigation property preservation of traffic accidents? What do I need to look out for?

Let's take a look at it together.

Materials to be submitted for pre-litigation property preservation of traffic accidents:

1) Application for pre-trial preservation.

2) Proof of the identity of the plaintiff and defendant, such as a copy of the ID card, population information, driver's license, etc.

3) Traffic accident certificate issued by the traffic management department of the public security organ.

4) Evidence of compensation expenses, such as a list of hospitalization expenses issued by a medical institution, medical bills and other vouchers.

5) Cash guarantee.

Precautions are:

1) Article 101 of the Civil Procedure Law of the People's Republic of China If an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with the place where the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case is to take preservation measures before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

Article 102: Preservation is limited to the scope of the request or property related to the case. Article 105: Where there is an error in the application, the applicant shall compensate the respondent for the losses suffered by the respondent as a result of the preservation.

2) Pre-litigation property preservation in traffic accident cases is generally applicable to the vehicle that caused the accident without insurance, or only has compulsory traffic insurance and the party causing the accident is in financial difficulty.

What materials are required for property preservation?

Legal analysis: 1. Application for pre-litigation property preservation.

2. Proof of the applicant's identity, if the applicant is not a victim, the relationship between the applicant and the victim must be attached.

3. The respondent's ID card is clearly displayed.

4. Proof of ownership of the accident vehicle.

5. "Determination of Responsibility for the Accident of Jiao Shirt and Spine".

6. If the guarantee of equivalent value is to use the property of others as security, the guarantee letter written by another person is required.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 77 If an accident occurs when a vehicle is passing outside the road, and the traffic management department of the public security organ receives a report, it shall be handled with reference to the relevant provisions of this Law.

Legal analysis: 1. Application for pre-litigation property protection; 2. Proof of the identity of the applicant, if the applicant is not a victim, the relationship between the applicant and the victim shall be attached; 3. The identity certificate of the respondent; 4. Proof of ownership of the accident vehicle. 5. "Traffic Accident Liability Determination"; 6. Guarantee of equivalent value, if other property is used as security, the letter of guarantee written by another person is required.

Legal basis: The "Civil Procedure Law of the People's Republic of China" and the "Opinions on the Application of the Civil Procedure Law" of the Supreme Court call for the payment of preservation fees for property preservation before litigation and property preservation during litigation, and shall be implemented in accordance with the "People's Court Litigation Fee Measures".

The materials required for the preservation of traffic accident property are as follows:

1. Application for property preservation;

2. Identity certificates of the applicant and the respondent;

3. Proof of ownership of the accident vehicle;

4. Traffic accident liability determination;

5. Provide corresponding guarantees.

What are the property preservation processes for the accident of Jiaoluqintong.

1. The interested party provides clear clues to apply to the court before filing a lawsuit;

2. The people's court may order the applicant to provide a guarantee;

3. After the applicant provides a guarantee for the lack of code, the pre-litigation preservation shall be carried out in accordance with the law. The people's court must make a ruling within 48 hours after accepting the application.

Legal basisArticle 100 of the Civil Procedure Law of the People's Republic of China.

In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the opposing party, rule to preserve its property, order it to perform certain acts, or prohibit it from doing certain acts; Where the parties do not submit an application, the people's court may also rule when necessary to employ measures to ensure that the party is late and to defend the whole case.

The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.