What evidence should be prepared by the plaintiff in a traffic accident lawsuit?

1. Civil complaint. 2. Materials proving the qualifications of the parties. If the person concerned is a natural person, he or she shall submit identification materials, such as a copy of his ID card or household registration booklet; If the party is a legal person or other organization, the entity registration materials shall be submitted, such as a copy of the industrial and commercial business license, and if the plaintiff is a legal person or other organization, the identity certificate of the legal representative or the certificate of the principal responsible person shall also be submitted.

3. If the plaintiff is entrusted to file a lawsuit on his behalf, the plaintiff's power of attorney shall be submitted. 4. If the parties are the family members of the deceased in the motor vehicle traffic accident liability dispute, the certificate of the deceased's first-order heirs and the proof of the basic information of the heirs shall be submitted. 5. Submit the certificate of the owner, actual owner, driver and relevant relationship of the vehicle that caused the accident.

6. Provide proof of the owner, actual owner, and driver of the damaged vehicle and the certificate of mutual relationship. 7. Evidence to prove that both parties have had a traffic accident and other evidence to prove the litigation claim: such as the determination of the responsibility of the traffic department for handling the traffic accident; Forensic appraisal materials, traffic accident disability assessment report; Invoices for medical expenses, proof of wages for lost work for the injured, proof of wages for nursing staff, etc.

Evidence of the plaintiff's identity and the nature of the household registration: ID card, household registration booklet, child's birth certificate, certificate of the police station where the household registration is located, certificate of kinship (stamped by the neighborhood committee, village committee and police station, applicable to death cases), notarized certificate of kinship (applicable to death cases). 2.

Evidence to prove the identity of the defendant: the defendant's industrial and commercial registration information, organizational structure**; driving license; Defendant's ID card and driver's license. 3.

Evidence to prove the traffic accident and insurance: traffic accident certificate, insurance policy (certificate). 4.

Evidence of the plaintiff's injuries: invoices for medical expenses, hospitalization records, discharge certificates, disease diagnosis certificates, judicial appraisal certificates, invoices for appraisal fees, and invoices for funeral expenses. 5.

Evidence of lost time pay: proof of wage deduction by the employer, labor contract and wage schedule, passbook (including historical transaction records), social security policy, industrial and commercial registration information of the work unit, etc. 6.

Evidence of compensation for rural household registration according to the standard of urban residents: residence permit, proof of residence of more than one year before the accident issued by the neighborhood committee and police station of the jurisdiction of residence, labor contract and salary schedule, passbook (including historical transaction records), social security policy, industrial and commercial registration information of the work unit, etc. 7.

Evidence of living expenses of dependents: ID card, household registration booklet, child's birth certificate, marriage certificate, certificate of the police station where the household registration is located, certificate of dependents' situation, certificate of the number of brothers and sisters, proof of no income**, certificate of kinship (stamped by the neighborhood committee, village committee and police station, applicable to death cases), notarized certificate of kinship (applicable to death cases). 8.

Evidence of the victim's death: death certificate, cremation certificate. 9.

Evidence of transportation expenses: bus tickets, taxi tickets, train tickets, plane tickets, etc.

What evidence is required for a traffic accident claim.

Collect evidence and materials;

At a minimum, prepare:

1) Materials for the qualifications of the plaintiff and the defendant, a. Materials required by the plaintiff himself:

a. For individuals, you need to prepare ID cards, household registration booklets, proof of parent-child relationship, and spouse relationship, all of which are photocopies.

b. If it is a legal person, it is necessary to prepare a copy of the business license and the identity certificate of the legal representative.

b. Materials proving the identity of the defendant:

a. For individuals, a copy of the ID card or a household registration certificate from the public security organ is required.

b. If it is a legal person, it is necessary to prepare a copy of the business license or the registration file of the Industrial and Commercial Bureau.

2) Evidence that the plaintiff or victim suffered a traffic accident is at least required: traffic accident certificate, hospitalization certificate, and medical expense invoice.

2. Pre-litigation 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.

3. 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.

4. Filing a lawsuit with a court of competent 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.

5. Arrange disability level appraisal and third-phase appraisal;

The court appoints an appraisal agency to conduct the appraisal of the level of disability, as well as the appraisal of the period of nutrition, the period of missed work, and the period of nursing.

Of course, the appraisal can also be commissioned by the traffic police force, and the appraisal agency may be different, and the effect is basically the same).

6. Presentation of evidence; After the court files a case, it may supplement the presentation of evidence within the court's time limit for presenting evidence.

7. Check the personnel and whether they are avoided;

8. State the claim;

9. Court investigation;

cross-examination of the evidence of both parties; Inquire about each other; The judge asked.

10. Court debate;

Debate the focus of the case.

11. Mediation (optional);

Whether or not the parties are willing to mediate can choose according to the specific circumstances.

12. Final statement;

13. The court issues a mediation or judgment document.

1. The "Road Traffic Accident Liability Determination" made by the public security authority.

2. The conclusion made by the public security organ that the accident was not caused by the violation of regulations by any party.

3. During mediation by the public security organs, if the other party fails to perform the mediation agreement reached by the two parties through mediation, the mediation document prepared by the public security organ shall be submitted.

4. If the two parties fail to reach an agreement after mediation by the public security organ, the mediation conclusion letter prepared by the public security organ shall be submitted.

5. The proof of medical expenses refers to the necessary expenses of the parties involved in traffic accident trauma.

6. Evidence of lost work expenses, nursing expenses, and nutrition expenses. Where the public security organs fail to make an appraisal of the "three fees" when handling a road traffic accident, when filing a civil lawsuit with the people's court, they shall submit a written application requesting the people's court to make an appraisal of the "three fees", and request the other party for lost work expenses, nursing expenses, and nutrition expenses according to the appraisal report.

7. Vouchers such as transportation expenses and accommodation expenses for handling traffic accidents, including transportation expenses, accommodation fee discount vouchers and lost work expenses for their relatives to participate in the handling of traffic accidents.

8. If the disability is caused by a road traffic accident, the Disability Appraisal Report shall be submitted.

9. If the disability is caused by a traffic accident and it is necessary to prepare a supplementary appliance for compensation, a certificate from the hospital shall be submitted, and the fee for the disability appliance shall be calculated according to the universal appliance with the certificate of the hospital.

1. Materials to be submitted for traffic accident prosecution.

1) One copy of the civil complaint for each defendant in the people's court and each defendant;

2) Evidentiary materials, mainly including:

1. Medical expenses, hospitalization fees and other collection vouchers, medical records, diagnosis certificates and discharge certificates issued by medical institutions;

2. Nursing certificate issued by medical institution and income certificate issued by work unit;

3. An official bill used to prove the transportation expenses;

4. Household registration certificate of the victim and his close relatives;

5. Proof of the victim's loss of service, loss of ability to work or disability;

6. Proof that the dependents and the victim are close relatives, as well as proof that the dependents are minors or have lost the ability to work and have no trace to hide their lives**;

7. Other evidentiary materials, the above evidentiary materials shall be increased or decreased accordingly according to the specific circumstances of the case, and submitted to the people's court according to the number of copies of the civil complaint.

3) It is also necessary to submit to the people's court a copy of the plaintiff's ID card or a copy of the copy of the business license. If you entrust a lawyer, you need to sign a contract with the law firm and sign a power of attorney.

2. Statute of limitations for traffic accidents.

1) The meaning of the statute of limitations.

The statute of limitations refers to the legal system in which the right holder loses the right to claim if it does not exercise the right to request the people's court to protect its civil rights within a certain period of time. In other words, although the obligee has the right to require the obligor to perform its obligations, the obligee should exercise it within the period prescribed by law, otherwise the obligee loses the right to claim.

2) The starting time of the statute of limitations for compensation for personal injury in traffic accidents is as follows:

1. The limitation period for minor traffic accidents starts from the date of the accident. Because the vast majority of traffic accidents in real life are minor accidents, the facts of such accidents are often relatively clear, the victim's property damage is relatively small, and the injuries are relatively light, and the accident certificate is generally made on the spot or within 15 days and served on the parties. From the date on which the parties receive the Determination of Accident Liability, the one-year statute of limitations begins to run.

2. If the victim's bodily injury is more serious and needs to be hospitalized, or even follow-up, the statute of limitations shall be calculated from the date of the end of the lawsuit or the date on which the loss is determined. if there is no disability, it shall be counted from the date of the end of **; Where a disability is constituted, the statute of limitations is calculated from the date of the disability assessment.