How to write a traffic accident property preservation application

Application for pre-litigation property preservation.

Applicant: Zhang Sanwang Wu, female, Han nationality, born on December 30, 1972, living in Room 501, Building 4, District 9, Jinan City.

**Person: Yang Kai, lawyer of Shandong Quanshun Law Firm.

Respondent: Guoqiang, male, owner of Lu 1111111 Buick brand vehicle, living in No. 222222222, Jinan City.

Please ask for a thing.

It is requested that property preservation measures be taken in accordance with law for vehicles with license plate numbers of Lu 1111111, and that they be sealed and seized. The total amount of insurance is 70,000 yuan (capitalized seven thousand yuan).

Facts and reasons.

On December 16, 2010, the scholar drove the Lu 1111111 Buick motor vehicle owned by the respondent to the intersection of the document road police station and the applicant had a traffic accident, the applicant was injured and hospitalized**, the applicant needs to claim compensation for the loss caused by the traffic accident in accordance with the law, in order to prevent the respondent from evading debts and ensure that the applicant's rights are realized after the judgment, in accordance with the relevant provisions of the Civil Procedure Law, the applicant hereby submits an application to your court, please immediately seize the property listed above the respondent.

I hope your court will approve it.

Sincerely. Jinan Shizhong District People's Court.

Applicant: December 28, 211.

Application for pre-litigation property preservation.

Request: Request for pre-trial preservation such as seizure of Zhejiang Shanghai Volkswagen Santana stored in the *** Squadron of the Traffic Police Brigade of the *** Public Security Bureau within the scope of *** yuan.

Reason for application: **year***month**day**hour** at **line**axiom + **meter by *** driving Zhejiang *** Shanghai Volkswagen Santana did not yield to the traffic accident with *** driving Zhejiang *** according to the regulations, causing damage to the vehicle in Zhejiang, *4S store valuation *** yuan. The Traffic Police Brigade of the Municipal Public Security Bureau has issued a road traffic accident certificate and is fully responsible for the accident of driving Zhejiang *** Shanghai Volkswagen Santana, but *** has not fulfilled its liability for compensation, making it impossible to repair it.

Therefore, in order to protect the legitimate rights and interests of the applicant in the future, in accordance with the relevant provisions of the Civil Procedure Law of our country, the applicant hereby applies for the preservation of the property of Santana of Zhejiang *** Shanghai Volkswagen in the name of the respondent.

In order to ensure the rights and interests of the applicant, the pre-litigation property preservation is specially filed in a comprehensive and objective manner, and the applicant originally provided the corresponding cash as a guarantee, please allow!

Apply hereby. Sincerely, **People's Court.

Applicants: **

The application for property preservation in traffic accidents shall contain the following contents:

2. The amount of preservation requested or the subject matter of the dispute;

3. Clear information on the property to be preserved or specific clues about the property to be preserved;

4. Property information or credit certificate that provides security for property preservation, or reasons why security is not required.

[Legal basis].

Article 100 of the Civil Procedure Law.

In cases where it is possible to make it difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the other party, rule to preserve the property, order the party to perform certain acts, or prohibit the party from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

After accepting the application, the People's Legal Confession Training Institute must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

1. How to apply for property preservation in traffic accidents If a party has a traffic accident and the other party avoids it or simply escapes, then before suing the court, the injured party must first apply to the court for pre-litigation property preservation in order to request the court to control the vehicle that caused the accident before the lawsuit. In this way, the risk of litigation can be greatly reduced, so that the expenses of the injured and the compensation for the damaged property can be guaranteed, and the possibility of the responsible party being unaccounted for, selling the vehicle, and evading compensation can be greatly reduced. For example, once the court takes preservation measures for some vehicles involved in the accident, the operation will definitely be affected, and the party responsible for the accident will become very active, instead of delaying and relying on it, in order to solve it as soon as possible; For the non-local car that caused the accident, if pre-litigation preservation is not carried out, the traffic police department must release the vehicle after 10 days of impounding the vehicle, which is likely to cause the driver to escape, which is not conducive to the trial and enforcement of the case.

After taking pre-litigation preservation measures and seizing the vehicle that caused the accident, the defendant often takes the initiative to seek mediation from the court, which not only enables the injured to receive timely treatment, but also allows the perpetrator to retrieve the vehicle in time and recover the loss as much as possible. For some ** official car accidents, once preservation measures are taken, the perpetrator considers that it will bring inconvenience to the use of the car, and is also very active in resolving disputes. 2. What should be paid attention to when applying for property preservation in traffic accidents 1. Bearing civil liability for compensation is a necessary condition for whether the accident vehicle can take litigation preservation measures. If the owner of the motor vehicle is liable for civil compensation in the accident, then it is possible to take litigation preservation measures against the accident vehicle; If the owner of the motor vehicle is not liable for civil compensation in the accident, then no litigation preservation measures can be taken against the accident vehicle.

2. The application for pre-litigation preservation should prevent the preservation error, because if the preservation is wrong, the applicant must compensate the respondent for the losses suffered by the property preservation. In the case that the driver is the owner of the vehicle, or the driver is in the act of duty or has an employment relationship, the general owner of the vehicle also has the obligation to compensate the victim for the loss. It should be noted that if the driver is not the owner of the car, and the driver's behavior is not an act of duty and there is no employment relationship, the car owner is generally not liable for civil compensation.

The accident vehicle belongs to the owner, and if the accident vehicle is preserved, the applicant who caused losses to the owner needs to compensate.

The application for property preservation in a traffic accident is as follows:

1. To apply for pre-litigation property preservation, the interested party shall submit an application to the court to which the lawsuit is filed before filing the lawsuit;

2. The applicant provides clear clues;

3. The people's court may order the applicant to provide a guarantee, and if the applicant fails to provide a guarantee, the applicant shall request rejection;

4. If a ruling is made on a party to apply for pre-litigation preservation, the court must make a ruling within 48 hours after accepting the application, and once the ruling is made, it will take legal effect.

What documents are required to apply for property preservation?

1) Application for pre-litigation property preservation;

2) Proof of the applicant's identity, if the applicant is not a victim, a certificate of the relationship between the applicant and the victim should be attached;

3) Proof of the respondent's identity;

4) Certificate of ownership of the accident vehicle;

5) "Traffic Accident Liability Determination";

6) Equivalent security, if the property of another person is used as security, the letter of guarantee required to be written by another person.

[Legal basis].Article 104 of the Civil Procedure Law of the People's Republic of China.

Where an interested party does not immediately apply for preservation due to an urgent situation, it will cause irreparable damage to its lawful rights and interests, it may apply to the people's court with jurisdiction over the case to take preservation measures at the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before filing a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Where the applicant does not lack a branch within 30 days after the people's court takes the preservation measures, the people's court shall lift the preservation in accordance with law.

Legal issues: If the other party is fully responsible for the traffic accident, how should I apply for property preservation in the court? Should I sue first or file for property preservation first?

Mr. Liu: You can go to the court to apply for litigation preservation and seize the other party's car. Then sue for damages.

Lawyer Du: When filing an application for property preservation with the court, you also need to provide corresponding property security. If you need a more professional answer, please go to the homepage for a free lawyer consultation and call legal advice**.

The function of property preservation is to prevent the parties from disposing of the disputed subject matter before the people's court makes a judgment or from disposing of the property used for enforcement after the judgment takes effect, so as to prevent the expansion of the dispute and ensure the enforcement of the effective judgment. However, if the people's court improperly adopts property preservation measures, it will cause damage to the property rights and personal rights of the parties. For example, freezing all of the parties' bank deposits will restrict the business activities of the other party beyond the scope of the applicant's request.

Article 94 of the Civil Procedure Law stipulates that "property preservation shall be limited to the scope of the request or property related to the case." "The relevant judicial interpretations of the Supreme People's Court also hold that when a people's court adopts property preservation measures, the scope of preservation shall be limited to the property of the parties in dispute or the property of the defendant, and property preservation measures shall not be taken against the property of persons not involved in the case.

Preservation measures must generally not be taken against property related to the case that is acquired in good faith by persons not involved in the case. Therefore, the scope of property preservation cannot exceed the scope requested by the applicant, or the value of the disputed property. The purpose of property preservation can only be achieved within the scope of the request of the parties or interested parties, so that the rights and interests of the applicant can be realized, and undue losses to the respondent can be avoided.

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