What is the time limit for determining liability for traffic accidents?

Under normal circumstances, within 10 days after the accident, the traffic department shall make a traffic accident certificate, and if it is necessary to conduct inspection and appraisal, then a traffic accident liability certificate shall be made within five days after the results are released.

Regulations on Procedures for Handling Road Traffic Accidents

Article 46 The traffic management department of the public security organs shall, according to the behavior of the parties play a role in the occurrence of road traffic accidents and the severity of the fault, determine the responsibility of the parties.

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.

Provincial-level public security organs may, in accordance with relevant laws and regulations, formulate specific detailed rules or standards for determining responsibility for road traffic accidents.

Article 47 The traffic management department of the public security organ shall, within 10 days from the date of on-site investigation, make a road traffic accident certificate. In the case of a traffic hit-and-run, a road traffic accident certificate shall be made within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within five days from the date on which the conclusion of the inspection or appraisal is determined.

In the event of a fatal accident, the traffic management department of the public security organs shall, before making the road traffic accident identification document, convene all parties to be present, and obtain evidence through public investigation. Evidence that witnesses request confidentiality or that involves state secrets, commercial secrets, or personal privacy must not be disclosed. If the parties are not present, the traffic management department of the public security organs shall be recorded.

Legal analysis: Under normal circumstances, the time limit for the traffic accident determination is 10 days, calculated from the date of on-site investigation. Simplified procedures are applied to handle road traffic accidents, and if the conditions for on-the-spot production are met, a road traffic accident certificate is prepared on the spot.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall, according to the role of the party's behavior in the occurrence of the 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.

The public security traffic management department shall draft a road traffic accident identification document within 10 days from the date of on-site investigation.

Where inspection or appraisal is required, a road traffic accident identification document shall be drafted within 5 days from the date on which the inspection or appraisal conclusion is determined.

If the parties have objections, they may submit a written application for review to the public security traffic management department at the next higher level within 3 days from the date of delivery of the accident determination document.

The higher-level department shall make a decision on whether to accept the case within 5 days. If the higher-level traffic management department accepts the application for review, it shall review the relevant review content within 30 days from the date of acceptance of the application and make a review conclusion (during the review period, if any party files a lawsuit with the court for the accident and the court accepts it, the review shall be terminated).

After the higher-level public security traffic management department makes a review conclusion ordering a new designation, the original case-handling unit shall re-investigate within 10 days, redraft a new road traffic accident determination, and revoke the original road traffic accident determination.

Where the new investigation requires inspection or appraisal, a new road traffic accident determination document shall be drafted and the original road traffic accident determination document revoked within 5 days of the date on which the inspection or appraisal conclusion is determined.

When the evidence of the parties involved in the traffic accident cannot be collected, and there is no other evidence to support the facts of the traffic accident, the time limit for determining the traffic accident may be suspended with the approval of the public security traffic management department at the next higher level, but the suspension period shall not exceed 2 months.

1. The traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inquest and inspection of the scene. In the case of a traffic hit-and-run, a traffic accident identification certificate shall be drafted within 10 days of the seizure of the traffic hit-and-run person and vehicle. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be drafted within five days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed.

2. Where a person or vehicle is not found in a traffic hit-and-run accident, and the party to the traffic accident compensation requests the issuance of a traffic accident identification document, the traffic management department of the public security organ may, within 10 days of receiving a written application from the party to the traffic accident compensation for the traffic accident damages, make a traffic accident identification document, indicating the time and place of the traffic accident, the victim's situation, and the facts obtained from the investigation, and if there is evidence to prove that the victim is at fault, determine the victim's responsibility; Where there is no evidence to prove that the victim is at fault, it is determined that the victim is not responsible. and serve on the parties to the compensation for traffic accident damages.

3. Where the facts of the traffic accident cannot be verified, the traffic management department of the public security organ shall make a traffic accident identification document, indicating the time and place of the traffic accident, the circumstances of the parties and the facts obtained from the investigation, and serve them on the parties respectively.

Fourth, the traffic management department has not made a decision, in accordance with the relevant provisions of the Administrative Litigation Law, apply to the administrative organ to perform the statutory duty to protect personal rights and property rights, and the administrative organ refuses to perform or does not reply, citizens, legal persons and other organizations may file an administrative lawsuit with the people's court where the administrative organ that has taken a specific administrative act is located.

With the improvement of living standards, there are more and more vehicles on the road, and many netizens have questions about the time limit for the traffic police to deal with traffic accidents. If there is a need to conduct an inspection or appraisal, a traffic accident identification document shall be drafted within 5 days from the date on which the results of the inspection or appraisal are determined.

If all parties unanimously request mediation from the traffic management department of the public security organ, they shall submit a written application for mediation within 10 days from the date of receipt of the traffic accident certificate. In the case of death caused by a traffic accident, mediation shall begin from the date on which the funeral matters are completed; For injuries caused by traffic accidents, mediation begins from the date of termination or disability; In the case of property damage caused by a traffic accident, mediation shall commence from the date on which the damage is determined. The time limit for the traffic management department of the public security organ to mediate the dispute over compensation for traffic accident damages is 10 days.

If an agreement is reached through mediation, the traffic management department of the public security organ shall make a mediation document and send it to the parties, and the mediation document shall take effect after being signed by all parties; If no agreement is reached in mediation, the traffic management department of the public security organ shall make a mediation conclusion and send it to the parties. Legal basis: Article 45 of the "Provisions on Procedures for Handling Traffic Accidents" The traffic management department of the public security organ shall, after investigation, determine the responsibility of the parties according to the role played by the party's behavior in the traffic accident and the severity of the fault.

In all traffic accident cases that meet the legal sense, the county-level public security traffic management department at the place where the accident occurred shall issue a traffic accident liability determination letter to determine the responsibilities of all parties. However, in judicial practice, the time limit for the preparation of traffic accident liability determination varies for different traffic accident cases. The details are as follows:

1. Generally speaking, after a traffic accident occurs, the public security traffic management department shall make a road traffic accident identification certificate within 10 days from the date of on-site investigation. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within 5 days from the date on which the conclusion of the inspection or appraisal is determined;

2. After a traffic accident occurs, if the party responsible for the accident escapes, the public security traffic management department shall make a road traffic accident identification certificate within 10 days after the vehicle and driver involved in the traffic accident are seized; Find a lawyer for traffic accidents in Shanghai.