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If you are not satisfied, you can go to court to file a lawsuit, but the premise is that you must have sufficient evidence to overturn the traffic accident liability determination, otherwise, it is useless to go to court.
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If you are not satisfied with the traffic accident determination, you may apply to the traffic police department at the next higher level for a review within three days, and if you are still not satisfied with the review result, you may submit it to the court during the court proceedings and ask the court to re-determine the responsibility.
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If you are not satisfied with the traffic accident certificate, you can appeal further. It is possible to appeal to the next level. The department conducts the hearing.
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After the reconsideration of the traffic accident certificate, he was still not satisfied with the result, and he could only file an administrative lawsuit with the court. Because the reconsideration of the accident determination is already equivalent to the identification of the accident. Therefore, it is only possible to go to the court for administrative reconsideration.
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The result of the accident certificate will not change basically.
The court will also make a judgment based on this result.
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Article 71 of the Provisions on Procedures for Handling Road Traffic Accidents.
Where a party has objections to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date on which the road traffic accident determination or road traffic accident certificate is served. Where the parties submit an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing.
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If you are not satisfied with the result of the reconsideration, you can go to the court for administrative litigation, because the reconsideration of the traffic accident is already the final judgment, so you can only go to the court for administrative litigation.
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After the traffic accident traffic police department is determined according to law, you can file an accident fugue with the higher legal department of the traffic police department, or you can file an administrative lawsuit with the people's court.
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The result of the reconsideration is the final result, so if you are still not satisfied with the final result, you can only go to the court to apply for an administrative lawsuit against the determination of the traffic accident.
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After reconsideration of the traffic accident determination, if the result is not satisfied, you may file a complaint with the traffic police department, and request the traffic police department to re-divide the responsibility for the accident determination, or you can file a lawsuit with the court.
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If the traffic accident certificate is passed and the original judgment is still upheld after reconsideration, the responsible person must sign the certificate, otherwise, the person responsible will be dealt with additionally.
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1. Apply to the relevant authorities or departments for administrative supervision;
According to the provisions of the relevant regulations of our country, citizens can apply for letters and visits to the local government;
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What should I do if I am not satisfied with the result of the traffic accident certificate after service? You should go to the next higher traffic enforcement department to file a request for re-service, and if not, the Court of Appeal will appeal.
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If you are not satisfied with the result, you can go to the court to sue, which is commonly known as a lawsuit.
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When suing for civil damages, an objection is raised.
The court only used it as a reference for evidence.
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You can appeal to the local traffic police detachment or traffic police corps, or you can go to the local court to get the book.
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If you are not satisfied with the accident certificate, you can file an administrative lawsuit with the next higher level.
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If you are not satisfied with the result of the reconsideration of the traffic accident, you may file an administrative lawsuit with the court.
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Filed a complaint, but the appeal was not satisfied, and the court was found to file a lawsuit, first instance and second instance.
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You can continue to reconsider with his superiors, or you can go to court.
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You can review the traffic police department at the next higher level, and you can also apply for administrative reconsideration.
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Wait for their higher-level department to reconsider!
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1. Apply for supervision.
1) Apply for inspector inspector department.
2) Apply for the supervision of the traffic management department of the higher public security organ.
2. Submit a petition.
3. Appeal in accordance with the law.
Moreover, citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary; They have the right to lodge complaints, accusations, or reports with the relevant state organs for illegal acts or dereliction of duty committed by any state organ or state functionary, but they must not fabricate or distort facts to make false accusations and frame them. With regard to citizens' complaints, accusations, or reports, the relevant state organs must ascertain the facts and be responsible for handling them. No one may suppress or retaliate.
If the respondent is dissatisfied with the analysis of the causes of the traffic accident and the responsibility of the parties, and believes that the respondent did not conduct a comprehensive, objective and impartial investigation of the accident, and the determination of the chaos is contrary to the facts of the accident and the provisions of the law, he shall appeal to the ** organ to revoke the original erroneous determination of the respondent; and objectively determine the responsibility for the accident in accordance with the facts and law.
Legal basis: Article 75 of the Provisions on Procedures for Handling Road Traffic Accidents The police supervision department of the public security organ may, in accordance with the law, conduct on-site supervision of the traffic management department of the public security organ and its traffic police in handling traffic accidents, and investigate and deal with violations of law and discipline. The traffic management department of the higher-level public security organ shall supervise the work of the traffic management department of the lower-level public security organ in handling road traffic accidents, and shall correct the error in a timely manner.
Accident Handling Work Specification 62nd higher level of the public security organs traffic management department of the undertaking unit of the traffic accident identification work to supervise and inspect, during the inspection or to receive complaints from the masses found that there is an error in the traffic accident identification, shall make a decision to revoke the traffic accident identification, by the undertaking unit within the prescribed time limit to make a separate book of traffic accident identification.
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Summary. Hello, the legal questions you asked are as follows: According to the relevant provisions of the Administrative Reconsideration Law, the parties' dissatisfaction with the determination of responsibility for the traffic accident certificate issued by the traffic police department does not fall within the scope of administrative reconsideration. Generally, it can only be dealt with through the administrative review procedure.
Hello, the legal questions you asked are as follows: According to the relevant provisions of the Administrative Reconsideration Law, the parties' dissatisfaction with the determination of responsibility for the traffic accident certificate issued by Lu Weimen of the Ministry of Traffic Police does not fall within the scope of administrative reconsideration. Generally, it can only be dealt with through the administrative failure review procedure.
Within 3 days from the date of delivery of the traffic accident determination of road dissipation, a written application for review may be submitted to the traffic management department of the public security organ at the next higher level. Generally, after review, the competent department of the traffic police at the higher level generally has two kinds of results: if it is determined that the original traffic accident identification document is defective, only the facts are clear, the evidence is credible and sufficient, the law is correctly applied, and the procedures are legal, it will be maintained in accordance with the law; Otherwise, the original case-handling unit will be ordered to re-investigate and make a determination.
The review is limited to one time.
Next, the scope of compensation for the injury that has not resulted in disability: Because the traffic accident injury has not reached the level of disability, the scope of compensation that the victim can claim includes the following 7 items: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies and necessary nutrition expenses; II. Scope of Compensation for Disability Due to Injury In the case of disability due to traffic accidents, in addition to the expenses in Article 1, the following compensation items may be proposed according to the circumstances: >>>More
It is similar to the writing of the civil complaint, there is not much attention to the format, the key is the content, the disadvantage for you is that your car only has compulsory traffic insurance, and the property loss is only 2000, if the other party spends 1w to repair the car, then you have to bear 4000. Your car costs 1w, and the other party also has to bear 4000, and if the other party has commercial insurance, they can be reimbursed. >>>More
Legal analysis: (1) basic information such as the parties, vehicles, roads and traffic environment of road traffic accidents; >>>More
It depends on what your expectations are, and it's not difficult to get a winning verdict. The key is the issue of compensation. >>>More
According to the provisions on the handling of road traffic accidents, the scope of compensation for damages includes: medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, transportation expenses, accommodation expenses and direct property losses. If disability is caused, there are also disability compensation, disability equipment expenses and spiritual solace money; In the event of death, there shall be death compensation, living expenses for dependents, etc., and each compensation item shall be determined according to the actual situation, and the expenses shall be settled at one time. >>>More