If you have a traffic accident, but you can t handle it if you don t deal with it?

1. The landlord asked: Is it common sense for the driver to drive the car away?

A: This is a legal issue, not a matter of "common sense". There is only whether it is "legal" and whether it is "reasonable".

For the problem of the landlord, the purpose of the traffic police to detain the car is to conduct a technical appraisal of the vehicle in order to determine the responsibility for the accident. As long as the technical appraisal is completed, the traffic police can release the car at any time.

2. The landlord said: The driver who caused the accident asked someone to leave the relationship in advance.

Answer: Is there any evidence for this view of the landlord? If there is evidence, you can directly file a complaint with a higher authority, or you can file a lawsuit with the court.

If it is only the personal suspicion of the landlord, it is untenable in front of the law.

3. The landlord said: It was caused by his car overtaking in the village.

A: You can't say that.

There is no law prohibiting motor vehicles from overtaking on village roads. Therefore, the act of overtaking is legal, at least not illegal.

4. The landlord said: The doctor said that it may cause epilepsy in the future, is this likely?

A: This ......, I guess there is no one here.

5. The landlord asks: What should we do now?

A: First of all, the landlord is actively treating children;

Secondly, it is necessary to actively contact the driver who caused the accident to negotiate compensation;

At the same time, keep in touch with the traffic management department, put forward their own requirements to them, and ask them to come forward to mediate with the driver who caused the accident.

The above-mentioned things that require the traffic management department to do so make the law stipulate the responsibilities and obligations of the traffic management department.

If the landlord is not satisfied with the outcome of the compensation negotiation and mediation, he can only file a lawsuit with the court.

Legal analysis: The traffic accident has not been dealt with, and the vehicle involved in the accident can be driven away without being detained by the public security department. If the vehicle is impounded due to the investigation of the accident, the vehicle cannot be driven away until the investigation is completed.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 72 After receiving the traffic accident report, the traffic management department of the public security organ shall immediately dispatch traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible.

Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification.

For the physical and mental conditions of the parties and other professional examinations, the traffic management department of the public security organs shall entrust a special agency to conduct an appraisal. The evaluation conclusion shall be signed by the evaluator.

If there is an accident, the person concerned should report the case in time. After inspecting the scene and ascertaining the cause of the traffic accident, the traffic management department of the public security organ shall determine the responsibility for the accident according to the causal relationship between the violation of the two parties and the accident and the role of the violation in the accident, and prepare a "Road Traffic Accident Liability Determination Certificate".

If the parties believe that the determination of responsibility is unreasonable and are not satisfied with it, they may apply to the public security organ at the level above for a new determination within 15 days of receiving the written determination of responsibility for traffic accidents, and the public security organ at the level above shall make a decision to maintain, modify, or revoke the decision within 30 days of receiving the application for redetermination. This is final.

After the public security organ determines the responsibility, it will impose administrative penalties on the parties involved in the accident in accordance with the relevant provisions on the basis of the facts of the violation and the responsibility for the accident.

If a party is dissatisfied with the punishment, he may apply to the public security organ at the level above for reconsideration within 15 days of receiving the punishment decision; The public security organ at the next higher level will make a reconsideration decision within 30 days of receiving the application for reconsideration. If the parties are still dissatisfied with the reconsideration decision, they may file an administrative lawsuit with the court within 15 days after receiving the reconsideration decision.

Legal analysis: The traffic accident has not been dealt with, and the vehicle involved in the accident can be driven on the road without being detained by the public security department.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 73 The traffic management department of the public security organ shall, on the basis of 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.