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If the traffic accident certificate is lost, there will be a stub in the traffic police department, which will not affect the handling of the accident.
If the responsibility determination is needed in the handling of the accident, you can go to the traffic police department that issued the accident responsibility determination at that time to copy the stub copy of the responsibility determination, which is also legally effective.
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In general, it is 10 working days, excluding rest days.
Relevant laws: Article 47 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall make a road traffic accident identification document 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 conclusion of the inspection or appraisal is determined.
Article 49 Where an escape traffic accident has not yet been solved and the injured party requests the issuance of a road traffic accident identification document, the traffic management department of the public security organ shall, within 10 days after receiving the written application of the party, prepare a road traffic accident identification document and deliver it to the injured party. The road traffic accident determination document shall clearly state the time and place of the accident, the circumstances of the victim and the facts obtained from the investigation, and where there is evidence to prove that the victim is at fault, the responsibility of the victim shall be determined; Where there is no evidence to prove that the victim is at fault, it is determined that the victim is not responsible.
Article 85: The meanings of the following terms in these Provisions:
3) The "one day", "two days", "three days", "five days", "ten days" and "20 days" as used in these provisions refer to working days, excluding holidays.
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Hello, to the problem you described, the lawyer replied as follows:
First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.
Secondly, the accident responsibility certificate, in triplicate, is good to be obtained from the traffic police department. Blessing!
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Legal analysis: If the traffic accident certificate is lost, you can go to the traffic management department that issued the certificate to copy and save the stub copy.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents
Article 59: The determination of road traffic accidents shall be clear in the facts, credible and sufficient evidence, correct in the application of the law, fair in the division of responsibilities, and lawful in procedure.
Article 62 The traffic management department of the public security organ shall, within 10 days from the date of on-site investigation and training, make a road traffic accident identification document. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle causing the traffic accident is erected and the driver is found. 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.
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After the traffic accident, if you want to deal with it in accordance with the regular process, you have to let the traffic police come, so after the traffic police divide the responsibility letter, how to deal with the loss? Below, in order to help you better understand the relevant legal knowledge, I have compiled the following content, I hope it will be helpful to you.
What should I do if I lose my traffic accident liability certificate?If the traffic accident certificate is lost, there will be a stub in the traffic police department, which will not affect the handling of the accident. And the accident responsibility determination is numbered, and the traffic police force must have a backup, even if it is a simple accident responsibility determination, there is also a copy of the traffic police file. If it is two sides, you can find the other party to make a copy and ask the traffic police to re-seal.
If it is necessary to use the certificate of responsibility in the handling of the accident, you can go to the traffic police department that issued the accident responsibility determination at the time of the negotiation to copy the stub copy of the certificate of responsibility, which is also legally effective.
According to the above internal cover Li Rong's relevance, it can be concluded that there will be stubs in the traffic police department, which will not affect the handling of the accident, and the traffic police team must have a backup, even if it is a simple accident responsibility determination, there is also a copy of the traffic police file, and you can also find another party to copy it.
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After the traffic police department makes the determination of accident responsibility, in addition to handing over a copy of the responsibility determination to each of the parties involved in the accident, there will also be an accident responsibility determination in the accident handling file of the traffic police department. If one of the parties accidentally loses the accident liability determination, the party directly or entrusts a lawyer to go to the traffic police department responsible for handling the accident to make a copy of the responsibility determination, and the traffic police department will affix its seal, which has the same legal effect as the original liability determination.
Articles 2 and 3 of the Regulations on Procedures for Handling Road Traffic Accidents stipulate that traffic accident identification can only be made by specific personnel of the traffic management department of the public security organ. That is, the traffic police who have more than 2 years of experience in road branch traffic management, have passed the training and examination of the traffic management department of the provincial people's ** public security organs, and obtained the traffic accident handling qualification certificate, shall exercise the power of traffic accident identification in accordance with legal procedures.
1. How to divide the responsibility for traffic accidents.
1. Full responsibility and no liability. In the case of an accident caused entirely by the violation of the rules and regulations of one of the parties, the violator shall bear full responsibility, and the other party who has no direct causal relationship with the accident shall not be liable.
2. Primary and secondary responsibilities. Accidents caused mainly by the violation of one party and the violation of the other party or a third party shall be borne by the main violator, and the other party or third party shall be secondarily liable.
3. Equal responsibility. All parties involved in the traffic accident have violated the rules, and the circumstances are equal, and all parties are equally responsible.
Criteria for the division of responsibility for traffic accidents:
1. If a road traffic accident is caused by the fault of one party, it shall bear full responsibility;
2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of their actions on the accident and the severity of the fault;
3. None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.
2. The traffic accident liability determination is not enforced.
1. Both parties have signed a traffic accident liability determination, and the other party can sue the court if it does not perform.
2. The litigation process for compensation for traffic accident damages refers to a procedure in which the parties sue the court for compensation after a traffic accident occurs. It includes the preparation of materials, case filing, court hearing, judgment and other steps.
3. The road traffic accident liability determination is a document formed by the public security traffic management department in accordance with traffic laws and regulations on whether the parties to the traffic accident have violated the rules and regulations, as well as the causal relationship between the violation and the damage consequences of the traffic accident. It is a technical instrument with legal effect, the purpose of which is to distinguish the responsibility of the accident of Yuanxiao, to make correct and appropriate punishment of the perpetrator in accordance with traffic laws and other regulations, and to lay the foundation for the future treatment of accident damages, and to provide a basis; It is also of great significance and role in educating the vast number of traffic participants to draw useful lessons from it, and to study the law of traffic accidents and formulate effective safety precautions.
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Can you briefly explain the circumstances of the accident?