Whether the traffic accident agreement has legal effect after arbitration

Generally speaking, a traffic accident compensation agreement is signed by both parties on a voluntary and legal basis, and has legal effect. However, if there is a material misunderstanding, obvious unfairness, fraud or coercion or taking advantage of the danger of others to make the other party go against the true intentions, then the indemnity agreement is a voidable contract or an invalid contract under other circumstances will not have legal effect.

Arbitration is generally a system in which parties voluntarily submit their disputes to an arbitral tribunal composed of non-judicial arbitrators in accordance with an arbitration agreement concluded between them and are bound by such adjudication. Arbitration, like the adjudication activities of the courts, is related to the substantive rights and interests of the parties and is one of the ways to resolve civil disputes.

The validity of arbitration, generally speaking, the arbitral award is final and binding on both parties to the dispute, and neither party is allowed to sue in court for variation.

Any agreement that does not violate the mandatory provisions of the law and is based on this premise of the parties in the true sense of the word, has legal effect on the parties. However, if there is a manifestly unfair contract, the other party still needs to restore it within the statute of limitations of the court.

In the 5th and 6th of the wrong of your contract. Fifthly, if the amount of compensation for each of you should be much more agreed upon than this amount, according to the law, and it is not known that the other party is at that time, the other party can sue for unfair grounds in the future. The first superfluous.

If there is no arbitration in the traffic accident agreement, the dispute arising from the agreement can only be resolved through litigation.

An arbitration agreement involving a property dispute in a traffic accident has the force of law. Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated. However, disputes over marriage, adoption, guardianship, maintenance, inheritance, and administrative disputes that should be handled by administrative organs in accordance with law cannot be applied for arbitration.

Lose your eyes. Legal basis] Article 2 of the Arbitration Law.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 3. The following disputes cannot be arbitrated:

1) Marriage, adoption, guardianship, maintenance, or inheritance disputes;

2) Administrative disputes that should be handled by administrative organs in accordance with the law.

Article 4. Where the parties use arbitration to resolve disputes, both parties shall voluntarily reach an arbitration agreement. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.

Answer: How to deal with disputes that arise after the traffic accident agreement is handled: apply to the people's mediation committee for mediation or file a civil lawsuit with the people's court. If the parties fail to perform the accident compensation agreement or there is a dispute after reaching an accident compensation agreement on their own, it may be handled through mediation or litigation.

Legal basis: Article 2 of the "Provisions on the Procedures for Handling Traffic Accidents in Road Judgments", if the parties fail to perform after reaching an agreement through negotiation, they may apply to the people's mediation committee for mediation or file a civil lawsuit in the people's court. Article 84: The parties may adopt the following methods to resolve disputes over compensation for road traffic accident damages: (1) applying to the people's mediation committee for mediation; (B) apply for mediation by the traffic management department of the public security organ; (3) Initiating a civil lawsuit in a people's court.

Legal analysis: If a dispute arises after the traffic accident agreement is handled, the parties may apply to the people's mediation committee for mediation or file a civil lawsuit with the people's court. If the parties fail to perform or have a dispute after reaching an accident compensation agreement on their own, it may be handled through mediation or litigation.

Legal basis: Decree No. 146 of the Ministry of Public Security of the People's Republic of China "Provisions on Procedures for Handling Road Traffic Accidents" Article 22 If the parties reach an agreement through negotiation on their own, they may perform the compensation for damages caused by road traffic accidents in the following ways:

1) The parties make their own compensation;

2) Go to the insurance company or the road traffic accident insurance claim service place to handle the damage compensation.

Where the parties fail to perform after reaching an agreement through negotiation on their own, they may apply to the people's mediation committee for mediation or initiate a civil lawsuit in the people's court.

Legal Analysis: No. In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.

Application for arbitration refers to the act of requesting the arbitration institution agreed in the arbitration agreement to resolve the dispute through arbitration in accordance with the arbitration agreement voluntarily entered into by both parties in accordance with the arbitration agreement voluntarily entered into by the parties after the occurrence of a traffic accident.

Article 74 of the Road Traffic Safety Law of the People's Republic of China may request the traffic management department of the public security organ to mediate the dispute over compensation for traffic accident damages, or may directly file a civil lawsuit with the people's court. Application for arbitration refers to the act of requesting the arbitration institution agreed in the arbitration agreement to resolve the dispute through arbitration in accordance with the arbitration agreement voluntarily entered into by both parties in accordance with the arbitration agreement voluntarily entered into by the parties after the occurrence of a traffic accident.