Should I bear the parking fee of the other party s car in the traffic accident?

No. 143 "Instructions on the Issue of Whether Property Losses in Compensation for Traffic Accident Damages Including Indirect Losses" was received. After study, the reply is as follows:

Paragraphs 2 and 3 of Article 117 of the General Principles of the Civil Law of the People's Republic of China stipulate: "Anyone who damages the property of the state, the collective, or the property of others shall be restored to its original state or compensated at a discounted price. "Where the victim suffers other major losses as a result, the infringer shall also compensate for the losses.

Therefore, in a traffic accident damage compensation case, if the victim claims compensation for the loss of the suspension of operation during the repair period of the damaged vehicle on the grounds that the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate him.

It can be required that the other party should also bear the parking fee in accordance with the law, and in practice the lawsuit can be sued to the court to obtain support Parking fees, towing fees, etc. are apportioned according to the responsibility for the accident. It is possible to request a determination of responsibility.

It depends on the responsibility for the accident, and if the responsibility is entirely yours, then you have to pay, but if not, you need to negotiate.

If the traffic accident is your full responsibility, you have to pay the parking fee, and if it is your partial responsibility, you can find the traffic police to coordinate.

Article 25: The period for sealing or seizure must not exceed 30 days; Where the situation is complicated, it may be extended with the approval of the responsible person for the administrative organ, but the extension period must not exceed 30 days. Except as otherwise provided by laws and administrative regulations.

The parties shall be promptly notified in writing of the decision to extend the sealing or seizure, and the reasons shall be explained.

Where it is necessary to conduct testing, inspection, quarantine, or technical appraisal of items, the period of sealing or seizure does not include the period of testing, inspection, quarantine, or technical appraisal. The period for testing, inspection, quarantine or technical appraisal shall be clearly defined and the parties shall be informed in writing. The costs of testing, inspection, quarantine or technical appraisal shall be borne by the administrative organs.

Article 26: Administrative organs shall properly keep sealed or seized venues, facilities, or property, and must not use or damage them; and where losses are caused, they shall be liable for compensation.

Administrative organs may entrust a third party to keep sealed sites, facilities, or property, and the third party must not damage or transfer or dispose of it without authorization. For losses caused by a third party, the administrative organ has the right to recover from the third party after paying compensation in advance.

The administrative organs are to bear the costs of custody incurred as a result of sealing or seizure.

If it is part of your responsibility, you can find the traffic police to coordinate If the traffic accident is your full responsibility, you will have to pay the parking fee of the other person.

1. Who bears the parking fee for traffic accidents.

1. The party responsible for the parking fee for traffic accidents shall depend on the situation

1) The parking fee caused by the traffic police force when the vehicle is not authorized to be impounded shall be borne by the traffic police force;

2) The parking fee caused by the traffic accident shall be borne by the party responsible for the accident;

3) If the vehicle is parked within the time limit and the repaired vehicle is not taken, the parking fee during the overdue period shall be borne by itself;

4) If all parties are liable, they will be borne in proportion.

2. Legal basis: Article 58 of the Provisions on Procedures for Handling Road Traffic Accidents.

Within five days from the date of determination of the inspection report and appraisal opinion, the traffic management department of the public security organ shall notify the party concerned to collect the detained accident vehicle.

The expenses incurred due to the detention of the vehicle shall be borne by the traffic management department of the public security organ that made the decision, but the traffic management department of the public security organ shall notify the party concerned to collect it, and the parking fee incurred by the party shall bear it within the time limit.

If the vehicle is not collected after 30 days of notification to the parties, and it is still not collected within three months after the announcement, the impounded vehicle shall be dealt with in accordance with law.

2. What is the division of responsibility for traffic accidents?

1. If a traffic accident is caused by the violation of the rules of one party, the party with the violation shall bear full responsibility, and the other party shall not be liable for the traffic accident;

2. If the violations of the two parties jointly cause a traffic accident, the party that plays a large role in the traffic accident shall be primarily responsible, and the other party shall bear secondary responsibility. If the violation plays an almost equal role in the traffic accident, the two parties shall bear equal responsibility;

3. If the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of their respective violations in the traffic accident.

It should be borne by the other party, and a lawsuit can be filed with the court to require the other party to bear the liability for compensation.

In accordance with Article 72 of the Road Traffic Safety Law of the People's Republic of China, if the accident vehicle is detained, the parking expenses incurred during the period of detaining the vehicle in accordance with the law shall be borne by the traffic management department of the public security organ, and the parking expenses incurred by the person concerned shall be borne by the party concerned if the vehicle is not picked up within the time limit after being notified.

If it is dragged to the seizure site, the money is given by the traffic police, and you don't need to pay it.

The parking fee for traffic accident vehicles shall be borne by the management department of the public security organ. In fact, after the public security organ impounds the party's vehicle for the purpose of investigating evidence, the vehicle is parked in the traffic management department, and the parking fee will not be charged to the party at all, and the time for the vehicle to be impounded usually does not exceed 30 days.

How long is the vehicle impounded in a traffic accident?

1. Under normal circumstances, the public security traffic police department detains the vehicle in a traffic accident for 30 days, and if there is no statutory reason, the car must be released after the expiration of 30 days;

2. Due to the need to collect evidence, the traffic management department of the public security organ may detain the accident vehicle and the motor vehicle driving license, and issue a certificate of administrative compulsory measures. The impounded vehicle and motor vehicle driving license shall be properly kept.

3. The seized items shall be properly kept. The period of seizure must not exceed 30 days, and if the case is major or complicated, it may be extended for 30 days with the approval of the person in charge of the public security organ at the same level or the person in charge of the traffic management department of the impartial security organ at the next higher level.

Legal basisArticle 93 of the Road Traffic Safety Law of the People's Republic of China.

Those who violate the provisions of road traffic safety laws and regulations on the parking and temporary parking of motor vehicles may be pointed out and given a verbal warning to leave immediately.

If the driver of the motor vehicle is not at the scene or refuses to leave immediately even though he is at the scene, obstructing the passage of other vehicles and pedestrians, the old model shall be fined not less than 20 yuan but not more than 200 yuan, and the motor vehicle may be towed to a place that does not obstruct traffic or a place designated by the traffic management department of the public security organ for parking. The traffic management department of the public security organ shall not charge the party for the tow, and shall promptly inform the party of the parking location.

If the motor vehicle is damaged due to the incorrect method of towing, it shall bear the liability for compensation in accordance with the law.

Legal analysis: during the investigation of the accident, the parking fee is not charged, and the state administration pays this fee, when the investigation is completed, the vehicle still needs to be detained, for example, the injured party proposes to preserve the vehicle that caused the accident, then the parking fee during this period is shared by both parties to the accident according to the proportion of the division of responsibility. Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; For the purpose of collecting evidence, the vehicle of the person in charge of the accident may be detained, but it shall be properly kept for verification.

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 identification document shall clearly state the basic facts, causes, and responsibilities of the parties concealed in the traffic accident, and serve them on the parties.

Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation by the traffic management department of the public security organ, or may directly file a civil lawsuit with the first department of 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.