Can I pick up the car after the traffic accident recognition book?

Article 47 The traffic management department of the public security organ shall, within 10 days from the date of on-site investigation, 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 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.

In the event of a fatal accident, the traffic management department of the public security organ shall, before making a road traffic accident certificate, convene all parties to the scene and publicly investigate and obtain evidence. Evidence that witnesses request confidentiality or that involves state secrets, commercial secrets, or personal privacy must not be disclosed. If the parties are not present, the traffic management department of the public security organ shall be recorded.

Article 51 Where a party has any objection to the determination of a road traffic accident, it may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of delivery of the road traffic accident determination. The application for review shall clearly state the request for review, its reasons and main evidence. Article 52 The traffic management department of the public security organ at the next higher level shall make a decision on whether to accept the application within five days after receiving the written review application of the parties.

In any of the following circumstances, the application for review shall not be accepted, and the parties shall be notified in writing. (1) Where either party initiates a lawsuit in a people's court and the court accepts it; (2) The people's procuratorate approves the arrest of the suspect in a traffic accident; (3) Road traffic accidents handled by applying simplified procedures; (4) Accidents that occur when vehicles are passing outside the road. If the traffic management department of the public security organ accepts the application for review, it shall notify the parties in writing.

Article 53 Within 30 days from the date of acceptance of the application for review, the traffic management department of the public security organ at the next higher level shall review the following contents and make a review conclusion: (A) whether the facts of the road traffic accident are clear, whether the evidence is indeed sufficient, and whether the applicable law is correct; (2) Whether the division of responsibility for road traffic accidents is fair; (3) Whether the procedures for investigation and determination of road traffic accidents are lawful. In principle, the review shall be conducted in writing, but when the parties request or the traffic management department of the public security organ deems it necessary, the parties may be convened to attend and listen to the opinions of the parties.

During the review period, if any party files a lawsuit against the people's court for the accident and is accepted by the court, the traffic management department of the public security organ shall terminate the review. Article 44 Within five days from the date of determination of the inspection and appraisal conclusions, the traffic management department of the public security organ shall notify the parties concerned to collect the detained accident vehicle, motor vehicle driving license and seized items. Where the driver's escaped ownerless vehicle or a vehicle that is still not collected after 30 days of notifying the parties, and the vehicle still does not come for disposition within three months of the announcement, the impounded vehicle shall be dealt with in accordance with law.

Under normal circumstances, the car can be driven away after an accident. Determination of traffic accident liability refers to the act of determining the traffic accident liability of the parties after the public security organs have ascertained the cause of the traffic accident based on the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident.

What is the purpose of the traffic accident certificate?

1. Facilitate the handling of traffic accidents and prevent the expansion of contradictions and disputes;

2. Timely and fair determination of traffic accident liability is conducive to effectively safeguarding the rights and interests of both parties;

3. It mainly plays a role in the identification of facts and the analysis of the causes of accidents. It is a professional and technical analysis result, which has a certain legal effect and can be used as a document for administrative punishment.

Legal basisArticle 112 of the Road Traffic Safety Law of the People's Republic of China.

The traffic management department of the public security organ shall issue a certificate on the spot and inform the party concerned to accept the handling of the traffic management department of the public security organ within the prescribed time limit.

The traffic management department of the public security organ shall properly keep the impounded vehicle and shall not use it.

If they do not come to accept the treatment within the time limit, and they still do not come to accept the treatment within three months after the announcement, the impounded vehicle shall be dealt with in accordance with the law.

Article 113.

The period for temporarily withholding a motor vehicle driver's license is calculated from the effective date of the penalty decision; Where a motor vehicle driver's license is detained before the penalty decision takes effect, the period of temporary detention is to be reduced by one day for each day of detention.

The time limit for re-applying for a motor vehicle driver's license after the revocation of the motor vehicle driver's license shall be handled in accordance with the provisions on the administration of motor vehicle driver's licenses.

Legal Analysis: Yes. The purpose of the traffic management department of the public security organ to detain the vehicle is to collect evidence, and the traffic accident liability determination has come out, indicating that the evidence involved in the accident has been collected, so the traffic accident liability determination has been signed and the car can be picked up.

Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 58 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 parties concerned to collect the impounded 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.

Legal analysis: Generally, when the traffic accident certificate comes out, you can pick up the car. If the other party takes preservation measures, you should submit a deposit of the corresponding amount of preservation to the court that seized your vehicle before you can pick up the car.

According to the law, a lawsuit should be filed with the court within one month after the other party applies for preservation, otherwise, the preserved vehicle will be unsealed in accordance with the law.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility 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.

If one party intentionally causes a road traffic accident, the other party is not liable.

Legal Analysis: In short, the traffic accident liability determination can be returned within five days of the issuance of the car.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents

Article 65: Road traffic accident identification documents shall be served on the parties within 3 days of being drafted, and the parties shall be informed of their rights and time limits for applying for review, mediation, and initiating civil litigation.

After the parties receive the road traffic accident certificate, they may consult, copy, or extract the evidence materials of the traffic management department of the public security organ handling the road traffic accident, but if the witness requests confidentiality or involves state secrets, Zhenhe trade secrets, or personal privacy, it shall be implemented in accordance with the provisions of relevant laws and regulations. The traffic management department of the public security organ shall affix the special seal of the traffic management department of the public security organ for accident handling of the evidence materials copied by the parties.

Article 66 Where a traffic hit-and-run case 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, determine the responsibilities of all parties in accordance with Article 61 of these Provisions, prepare a road traffic accident identification document, and serve it on 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, as well as the responsibility of the injured party.

Where, after a traffic hit-and-run case is solved, a road traffic accident identification document has already been drafted in accordance with the provisions of the preceding paragraph, responsibility shall be re-determined in accordance with article 61 of these Provisions, and a road traffic accident identification document shall be drafted and served on the parties separately. In addition to the content provided for in Article 64 of these Provisions, the re-made road traffic accident identification document shall also indicate the revocation of the original road traffic accident identification document.

1. Can I pick up the car after the traffic accident liability letter comes out?

1. You can pick up the car after the traffic accident responsibility letter comes out. In order to collect evidence, the traffic management department of the public security organ may detain the accident vehicle, and 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 traffic management department of the public security organ shall not detain the goods contained in the accident vehicle.

2. Legal basis: Article 39 of the Provisions on Procedures for Handling Road Traffic Accidents.

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

The traffic management department of the public security organ shall not detain the goods contained in the accident vehicle. After verifying the weight, volume and loss of the goods, notify the driver of the motor vehicle or the owner of the goods to dispose of it by himself. Where there is no way to notify the parties or the parties do not handle it on their own, it is to be handled in accordance with the relevant provisions of the "Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs".

It is strictly forbidden to park the impounded accident vehicle in the parking lot designated by the traffic management department of the public security organ.

2. What are the steps to deal with traffic accidents?

1. After accepting the report, the public security department shall file the case in accordance with the scope of jurisdiction after receiving the report from the party or other person;

2. On-site processing, after the public security traffic management department accepts the case, immediately dispatches personnel to the scene, rescues the injured and property, investigates the scene, and collects evidence;

3. Determination of responsibility, on the basis of ascertaining the facts of the traffic accident, the traffic management department of Gongzi Kai'an shall determine the responsibility of the party for the traffic accident according to the causal relationship between the violation of the accident and the traffic accident.