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Legal analysis: After a traffic accident, you can report the case at any time, and there is no timeliness of reporting, but you should call the police immediately after the traffic accident, because the first time the accident occurs, it is conducive to protecting the scene, collecting evidence, and dividing responsibilities. If the body is damaged and it is necessary to recover compensation, a lawsuit shall be filed with the people's court within one year from the date of the accident.
If the party fails to report to the police at the scene of the traffic accident and requests the traffic management department of the public security organ to deal with it afterwards, the party shall provide evidence of the traffic accident to the traffic management department of the public security organ within 10 days after making the request.
Legal basis: "Civil Elimination Litigation Law of the People's Republic of China" Article 149: People's courts applying ordinary procedures shall conclude trial within 6 months of filing the case. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
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You can report a traffic accident at any time. However, if the traffic accident involves a civil compensation lawsuit, the statute of limitations for the lawsuit is three years, and if it exceeds three years, the case may be filed, but the other party may raise a statute of limitations defense, and in order to better protect the interests of the victim, the right holder shall file a civil lawsuit within three years from the date on which he knows or should know that his rights have been damaged and that the obligor has been damaged.
Legal basis] Article 188 of the Civil Code of the People's Republic of China.
The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those regulations. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
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Traffic accidents involving administrative liability generally cannot be filed after two years, and where citizens' lives, health and safety are involved and there are harmful consequences, cases cannot be filed after five years. Where criminal responsibility is involved, the corresponding period of time for not being able to file a case is to be determined on the basis of the maximum legally-prescribed penalty corresponding to the crime involved.
Legal basis] Article 3 of the Administrative Punishment Law does not know Article 16.
where the illegal conduct is not discovered within two years, administrative punishments are no longer to be given; Where citizens' lives, health, safety, or financial security are involved and there are harmful consequences, the above period is extended to five years. Except as otherwise provided by law.
The time period provided for in the preceding paragraph is calculated from the date on which the illegal conduct is eliminated; Where the illegal conduct is continuous or continuous, it is calculated from the date on which the conduct ends.
Article 87.
The offence will not be prosecuted after the following periods have passed:
1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed;
2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have passed;
3) Where the legally-prescribed maximum sentence is 10 years or more and the sentence is to be carried out early, 15 years have elapsed;
4) Where the statutory maximum sentence is life imprisonment or death, 20 years have elapsed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.
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How long after the traffic accident report will be accepted, and there is no time limit for the traffic accident report. If the party concerned fails to report to the police at the scene of the road traffic accident and requests the traffic management department of the public security organ to deal with it afterwards, the traffic management department of the public security organ shall record it and make a decision on whether to accept it within three days. After acceptance, the responsibility will be determined according to the investigation situation.
What are the ways to prevent traffic accidents?
1. As a driver, you should pay attention to:
Avoid fast driving. "Nine times out of ten accidents are fast", especially when driving on the highway, the driver does not have enough time to perceive the changes in the outside world, and once he encounters an emergency, he has no time to take countermeasures.
Don't drink and drive. Drinking alcohol has a certain impact on people's brain reactions, judgment, and concentration, and is easy to cause accidents.
Do not drive tiredly. Fatigue makes people unconscious, unresponsive, prone to errors in judgment, and causes accidents.
2. As pedestrians and non-motorized vehicle drivers, they should strictly abide by traffic rules and take crosswalks and non-motorized lanes. When driving on mixed roads, pedestrians should not play or play on both sides of the road. Incapacitated disabled persons should be accompanied by family members when traveling.
3. Railway and train staff should abide by their work duties, strictly abide by rules and disciplines, and remind passengers that it is strictly forbidden to carry flammable and explosive dangerous goods on the train. Passengers should carefully abide by the rules and regulations and actively cooperate with the staff. Railway crossings should be managed, and pedestrians or vehicles should be cautious when passing through the crossing to prevent accidents.
4. Water traffic should be prohibited from overloading, and when the weather conditions are not good, it is strictly forbidden to drive illegally.
5. Aviation should do a good job of security check and security work to prevent personnel and items that endanger safety from boarding the plane. Passengers should also know some necessary safety knowledge, such as: do not carry dangerous goods or sharp equipment, no smoking during take-off and landing, etc.
Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China The traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
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Why didn't the traffic police show up? If the traffic police are not present, there are personnel who will see a doctor first, but the vehicle must not move casually, and it is better to wait for the traffic police to arrive at the scene!
You can report the case at any time after a traffic accident, and there is no timeliness of reporting, but you should call the police immediately after the traffic accident, because the first time the accident occurs, it is conducive to protecting the scene, collecting evidence, and dividing responsibilities. If the body is damaged and it is necessary to recover compensation, a lawsuit shall be filed with the people's court within one year from the date of the accident. If the party fails to report to the police at the scene of the traffic accident and requests the traffic management department of the public security organ to deal with it afterwards, the party shall provide evidence of the traffic accident to the traffic management department of the public security organ within 10 days after making the request. >>>More
Actively compensate the victim's family and obtain a letter of understanding from the family, so that the compensation items that will be suspended are: 1. Medical expenses. Including: diagnosis and treatment fees, medical expenses, hospitalization fees, and others (voucher payment, referral form for foreign **; 2. Lost time pay. >>>More
Hello, to the problem you described, the lawyer replied as follows: >>>More
Go to the hospital for a check-up first, and take good care of your brain when you get home. >>>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