Is there a limit to the time for filing a traffic accident?

Updated on society 2024-03-26
9 answers
  1. Anonymous users2024-02-07

    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.

    The traffic management department of the public security organ shall, in accordance with the provisions of the provisions on the procedures for handling road traffic accidents, record it and make a decision on whether to accept it within three days. After verifying the existence of a road traffic accident, the traffic management department of the public security organ shall accept it and inform the parties; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained. Legal basis:

    Article 12 of the provisions on the procedures for handling road traffic accidents, if the parties do not report to the police at the scene of the road traffic accident, and then request the traffic management department of the public security organ to deal with it, the traffic management department of the public security organ shall record it in accordance with the provisions of Article 10 of these regulations, and make a decision on whether to accept it within three days. After verifying the existence of a road traffic accident, the traffic management department of the public security organ shall accept it and inform the parties; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained.

  2. Anonymous users2024-02-06

    Yes, a case is usually filed within 24 hours.

    According to the relevant provisions of the "Regulations on Traffic Accident Handling Procedures" and the "Traffic Accident Handling Work Specifications", for traffic accidents, the traffic police shall handle the formalities of filing or not filing a case within 24 hours from the time of investigating the scene. If it is decided to file a case, the "Traffic Accident Case Registration Form" shall be filled out and submitted to the person in charge of the accident handling agency for approval.

    It can be seen from this that the time limit for filing a case for a vehicle accident is 24 hours.

  3. Anonymous users2024-02-05

    There is no time limit for filing a traffic accident case. Under normal circumstances, as long as the facts of the road traffic accident are verified, the traffic management department of the public security organ shall be excused by the trembling and make a registration form for accepting the case; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained.

    What materials are required for traffic accident mediation.

    1. The injured person's body and limb certificate and household registration book;

    2. Road traffic accident certificate;

    3. Outpatient medical records;

    4. Hospital inpatient medical records;

    5. Invoices for medical expenses, certificates of follow-up medical expenses, and invoices for equipment expenses for disability assistance;

    6. Medical diagnosis certificate and income certificate for rest and missed work.

    Legal basis:Article 18 of the Provisions on Procedures for Handling Road Traffic Accidents.

    After the occurrence of a road traffic accident, the parties did not report to the police, after the scene of the accident was removed, the parties called the police and requested the traffic management department of the public security organs to deal with it, the traffic management department of the public security organs shall be recorded in accordance with the content of the record provided for in Article 16 of these provisions, and make a decision on whether to accept the case within three days.

    After verifying the existence of a road traffic accident, the traffic management department of the public security organ shall accept it and make a registration form for accepting the case; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained.

  4. Anonymous users2024-02-04

    There is no time limit for filing a traffic accident case, but after a traffic accident occurs, the parties should report the case in a timely manner, and the longer it drags on, the more disadvantageous it will be to the parties. If the public security organ and its traffic management department receive an alarm, they shall accept it, make a registration form for accepting the case and record it. After a road traffic accident occurs, the party does not report to the police, and after the scene of the accident is removed, the party calls the police and requests the traffic management department of the public security organ to deal with it, the traffic management department of the public security organ shall record it in accordance with the regulations.

    Legal basis] Article 16 of the Provisions on Procedures for Handling Road Traffic Accidents.

    If the public security organ and its traffic management department receive a report, they shall accept it, make a registration form for accepting the case and record the following contents:

    1) Report type, time, name of the person making the report, contact the method of resistance to erection, ** alarm, should also record the alarm**;

    2) The time and place when the road traffic accident occurred or was discovered;

    3) Personnel ** situation;

    4) the type of vehicle, the number plate of the vehicle, whether it contains dangerous goods and the type of dangerous goods, whether there is a leakage, etc.;

    5) Where a traffic hit-and-run is suspected, the model, color, and characteristics of the vehicle involved in the accident shall also be questioned and recorded, as well as the direction of escape, the physical characteristics of the fleeing driver, and other relevant circumstances. Fiber.

    Where the person making the report does not report his name, it shall be recorded in the case file. Where the person making the report is unwilling to disclose his or her name, it shall be kept confidential.

  5. Anonymous users2024-02-03

    Is there a time limit for filing a traffic accident case? Nope. According to the provisions of Article 18 of the Provisions on Procedures for Handling Road Traffic Accidents, after the occurrence of a road traffic accident, the parties did not report to the police, and after the scene of the accident was removed, the parties called the police and requested the traffic management department of the public security organ to deal with it, the traffic management department of the public security organ shall record the content of the record in accordance with the provisions of Article 16 of these regulations, and make a decision on whether to accept the case within three days.

    After verifying the existence of the fact that the road traffic accident is accepted, the traffic management department of the public security organ shall accept it and make a registration form for accepting the case; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained. In addition, we also need to note that the traffic management department of the public security organ shall make a traffic accident certificate within 10 days from the date of on-site investigation. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared 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 inspection report or appraisal opinion is determined. The traffic management department of the local public security organ where conditions permits may publish the road traffic accident certificate on the Internet on a trial basis, but shall keep confidential the state secrets, commercial secrets or personal privacy involved. In the event of a fatal accident or a complex or difficult injury accident, the traffic management department of the public security organ shall, before making a road traffic accident certificate or road traffic accident certificate, convene all parties to be present and publicly investigate the evidence obtained by Gai Hantong.

    Where witnesses request secrecy or involve state secrets, commercial secrets, or personal privacy, it is to be implemented in accordance with the provisions of relevant laws and regulations. If the parties are not present, the traffic management department of the public security organ shall be recorded. The above is the relevant content compiled by the lawyer, I hope it can help you.

  6. Anonymous users2024-02-02

    There is no time limit for reporting traffic accidents, but it is recommended to report to the police as soon as possible, and the time limit for handling is generally one year. According to the relevant provisions of the "Provisions on Procedures for Handling Road Traffic Accidents", if the parties do not report to the police at the scene of the road traffic accident and request 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 in accordance with the provisions of Article 10 of these regulations, and make a decision on whether to accept it within three days.

    1. How long is the statute of limitations for traffic accidents?

    The relevant content of the Civil Code stipulates that the statute of limitations for litigation is three years for requesting protection of civil rights from the people's court. The Civil Code stipulates that if a person claims compensation for bodily injury, the statute of limitations is one year.

    In the practice of road traffic accident claims, the statute of limitations shall be determined according to the following circumstances:

    1) The statute of limitations is two years for losses unrelated to human body caused by traffic accidents, such as vehicle damage, on-board cargo loss, etc.

    2) For obvious personal injuries caused by traffic accidents, such as medical expenses, lost work expenses, transportation expenses, etc., the statute of limitations is one year from the date of the traffic accident. However, if the claim cannot be exercised within the last six months of the statute of limitations, the statute of limitations shall be suspended if the right of claim cannot be exercised due to the following obstacles: (1) force majeure; (2) A person who lacks or has limited capacity for civil conduct does not have a legally-prescribed person, or a legally-prescribed person dies, loses civil capacity, or loses rights; (3) The heir or estate administrator has not been determined after the commencement of the inheritance; (4) The right holder is controlled by the obligor or other person as a lead search; (5) Other obstacles that cause the right holder to be unable to exercise the right to make a claim.

    The statute of limitations expires six months from the date on which the reasons for the suspension of the statute of limitations are eliminated. That is, from the date of the end of ** or the date of disability, continue to calculate the remaining six months. This book believes that those that are still in the ** and have not yet been determined as disabled should belong to the "other obstacles that cause the right holder to be unable to exercise the right to claim" as stipulated in the relevant content of the Civil Code.

    3) For hidden injuries caused by traffic accidents, such as traumatic aphasia, hemiplegia, and nerve damage leading to limb muscle atrophy.

    4) For the failure to reach a mediation agreement through mediation by the public security traffic management department, the statute of limitations shall be calculated according to the different nature of the loss from the date of receipt of the mediation termination letter; For those who fail to perform within the time limit after reaching a mediation agreement or after the parties reach an agreement through negotiation on their own, the statute of limitations for litigation shall be calculated on the date of expiration of the performance period determined in the mediation agreement.

    2. Is there a time limit for traffic accidents?

    There is a time limit for litigation of traffic accidents.

    1) In the case of compensation for personal injury, the statute of limitations is 1 year.

    2) If compensation is made for property losses, the statute of limitations is 3 years. Where there are both personal injuries and property losses, the statute of limitations is calculated separately.

  7. Anonymous users2024-02-01

    Legal analysis: There is no time limit for filing a traffic accident case, as long as the facts of the road traffic accident are verified, the traffic management department of the public security organ shall accept it and make a registration form for accepting the case; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained.

    Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 18 After a road traffic accident, the parties did not report to the police, and after the scene of the accident was removed, the parties called the police and requested the traffic management department of the public security organ to deal with it, the traffic management department of the public security organ shall record the content of the record in accordance with the provisions of Article 16 of the previous provisions, and make a decision on whether to accept the case within three days. After verifying the existence of the facts of the road traffic guessing accident, the traffic management department of the public security organ shall accept it and make a registration form for accepting the case; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained.

  8. Anonymous users2024-01-31

    Answer: There is no time limit for filing a traffic accident case, as long as the facts of the road traffic accident are verified, the traffic management department of the public security organ shall accept it and make a registration form for accepting the case; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained. Legal basis: Article 18 of the provisions on the procedures for handling road traffic accidents, after the occurrence of a road traffic accident, the party did not call the police, after the scene of the accident was removed, the party called the police and requested the traffic management department of the public security organ to deal with it, the traffic management department of the public security organ shall be recorded in accordance with the provisions of Article 16 of the record, and make a decision on whether to accept the case within three days. After verifying the existence of a road traffic accident, the traffic management department of the public security organ shall accept it and make a registration form for accepting the case; If it cannot be proved after verification that the road traffic story wheel actually exists, or does not fall under the jurisdiction of the traffic management department of the public security organ, the party shall be notified in writing and the reasons shall be explained.

  9. Anonymous users2024-01-30

    There is no time limit for filing a traffic accident case, as long as the facts of the road traffic accident are verified, the traffic management department of the public security organ shall accept it and make a registration form for accepting the case; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained.

    How long does it take for a traffic accident to be closed at the latest.

    In the case of a traffic accident, the case will be closed after 6 months at the latest. In the case of traffic accidents, the court will apply the summary procedure. The first instance generally takes 3 to 6 months, and in most cases, the first instance of a traffic accident case can be concluded within 3 months.

    If either party is dissatisfied and appeals, the second instance shall be conducted, which lasts for 3 months, and the second instance is the final judgment and no further appeal is allowed; If the defendant refuses to perform, it is necessary to apply to the court for enforcement. In accordance with the provisions of law, cases tried by the people's courts applying the ordinary procedures shall be concluded within six months of the date on which the case is filed. 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.

    Legal basis: Article 18 of the Provisions of the People's Republic of China on the Handling Procedures for Road Ludan Key Traffic Accidents.

    After the occurrence of a road traffic accident, the party did not report to the police, and after the scene of the accident was removed, the party called the police and requested the traffic management department of the public security organ to deal with it, and the traffic management department of the public security organ shall follow these provisions.

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