How long does it take to file a traffic accident lawsuit and what is the procedure?

Litigation time: The first instance generally takes 3-6 months, and the first instance of traffic accident cases can be concluded in 3 months in most cases; After the first-instance judgment is issued, both parties accept the judgment, and the first-instance judgment takes effect, if either party is dissatisfied and appeals, the second instance shall be conducted, and the second instance shall be 3 months, and the second instance is the final judgment, and no further appeal is allowed; If the defendant can consciously perform the effective first-instance or second-instance judgment and the lawsuit is concluded, if the defendant refuses to perform, it needs to apply to the court for compulsory enforcement, although the law stipulates that the enforcement must be completed within 6 months, but generally speaking, the enforcement of traffic cases can be completed in about 1 month.

1. Prepare for property preservation (optional). That is, according to the specific circumstances, whether it is necessary to preserve property before litigation. In the case of pre-litigation property preservation, a lawsuit must be filed within 15 days after the preservation.

2. Prepare civil pleadings and evidence. According to the number of defendants, one copy is added to submit the civil complaint and evidence to the court.

3. Sue to the court with jurisdiction. The court with jurisdiction is the court where the traffic accident occurred or the court where the defendant is located (if the defendant's habitual residence is inconsistent with the defendant's location, the court of the defendant's habitual residence may also be the court with jurisdiction); If it is necessary to apply for a disability appraisal or a third-stage appraisal, it may also be submitted to the case filing division in the form of an application at the same time.

4. Submit the complaint and relevant evidence. Where the requirements for initiating litigation are met, the court accepts and reviews them, and finds that the requirements for initiating litigation are met, the case is to be filed within 7 days, and the parties are to be notified at the same time.

5. Thus enter the preparatory stage before the trial. The court shall serve a copy of the complaint on the defendant within five days from the date of filing the case, and the defendant shall file a reply within 15 days after receiving the complaint.

6. **Trial stage. ** before notifying the party and his traffic accident lawyer, and announcing the party's name, cause of action and ** time and place, **, after the secretary ascertains the situation of the court, announces the court discipline, the presiding judge checks the parties' situation, announces the cause of action, the list of adjudicators and clerks, informs the litigation rights and obligations, and asks whether to apply for recusal, and then, enters the first court investigation stage, the party or the traffic accident lawyer makes a statement, the witness testifies, reads out the witness testimony, and presents documentary evidence, physical evidence and audio-visual materials, Read out the appraisal conclusion, read out the inquest record, enter the court debate session, the plaintiff or traffic accident lawyer speaks, the defendant answers, the third person speaks or defendes, the traffic accident and the other party debate each other, the presiding judge asks the opinions of all parties, and the trial stage ends.

Supplement: You can ask a traffic law expert.

Lawyer) Ah.

Legal analysis: In most cases, the first instance of traffic accident cases can be concluded in 3 months, and if an appraisal is required, it will take a little longer, and it may take 6-8 months to complete the trial. If a second trial is required, the second trial time is 3 months.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 74 In the case of a dispute over compensation for damages caused by a traffic stop, the parties may request the traffic management department of the public security organ to mediate, or they may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

Legal Analysis: The time required for traffic accident litigation depends on the litigation procedure used. The ordinary procedures are applied in the first instance, and the trial is generally completed within six months from the date on which the case is filed.

Legal basis: "Civil Procedure 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.

Legal Analysis: A traffic accident lawsuit generally takes up to 6 months. The law stipulates that the time limit for the first instance trial of a civil concealment lawsuit is generally 6 months, and in principle the trial shall be completed within 6 months from the date on which the case is filed. However, in exceptional cases, it can be extended by six months, that is, 12 months.

Legal basis: Article 149 of the Civil Procedure Law of the People's Republic of China provides that a case tried by the Zhengzhou Civil Court applying ordinary procedures shall be concluded within six months from the date 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.

In most cases, the first instance of a traffic accident case can be concluded in 3 months, and if an appraisal is required, it will take a little longer, and it may take 6-8 months to complete the trial. If a second trial is required, the second trial time is 3 months. In accordance with the provisions of the Road Traffic Safety Law of the People's Republic of China

In the case of a dispute over compensation for traffic accident damages, the parties may request mediation from the traffic management department of the public security organ, or they may file a civil lawsuit directly with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court with caution.

Litigation time: The first instance generally takes 3-6 months, and the first instance of traffic accident cases can be concluded in 3 months in most cases; If either party is dissatisfied and appeals, the second instance shall be conducted, and the second instance shall be held for 3 months, and the second instance is the final judgment, and no further appeal is allowed; If the defendant can consciously perform the effective first-instance or second-instance judgment and the lawsuit is concluded, if the defendant refuses to perform, it needs to apply to the court for compulsory enforcement, although the law stipulates that the enforcement must be completed within 6 months, but generally speaking, the enforcement of traffic cases can be completed in about 1 month.

The statute of limitations period is calculated from the time when the right was known or should have been known. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them. Where there are special circumstances, the people's court may extend the statute of limitations.

The statute of limitations is interrupted by the filing of a lawsuit, the request of one of the parties, or the agreement to perform an obligation. From the time of interruption of the imperial banquet, the statute of limitations period shall be recalculated.

The statute of limitations for compensation for personal injuries in traffic accidents is one year, which should be calculated from the day after receiving the accident certificate, but if the traffic team has applied for mediation or the other party has been paying the fees, the statute of limitations can be interrupted in the process of negotiation and settlement, but there must be evidence, and if it is not well grasped, it is likely to exceed the statute of limitations. Moreover, from the perspective of enforcement, it should still be prosecuted as soon as possible after the end of the case.

1. Is it troublesome to sue for traffic accidents?

Traffic accident claim cases are relatively simple lawsuits, but they are also not simple lawsuits, and they are simple because most cases will have a traffic accident liability determination to clarify the accident liability. It is not simple because as a plaintiff, you need to prepare a large amount of evidence to prove your economic losses and support your claims. Traffic Accident Litigation Process:

First of all, to file a lawsuit with the court, it is necessary to submit a civil complaint and corresponding evidence. Second, **, attend the trial at the time notified by the court. Third, for mediation and judgment, the court will preside over mediation before or during the hearing, and if no agreement can be reached with mediation, it will make a judgment at a later date.

Fourth, enforcement, if the defendant cannot take the initiative to perform the obligations determined by the judgment or mediation of the Fazhen Hongyin Court, he may apply to the court for compulsory enforcement. It should be noted that when listing the defendants, you must not forget to include the insurance company that underwrites the other party's vehicle compulsory insurance and commercial insurance as the defendants.

2. How long does it take to get traffic accident compensation?

Traffic accident compensation is generally available within three months. Within three months from the date of the repair of the vehicle or the conclusion of the traffic accident case, the policyholder shall collect compensation from the insurance company with the insurance policy, accident handling certificate, accident mediation letter, repair list and other relevant certificates. If there is a dispute with the insurance company and no agreement can be reached, the applicant may apply to the economic contract arbitration authority for arbitration or file a lawsuit with the people's court.