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The certificate of liability accident has been determined for two months and cannot be changed. If the parties concerned are not satisfied with the content of the accident liability determination, they may apply to the higher authority for review within three days after receiving the certificate. After this period, no further application for review is permitted.
Legal analysisTraffic accident liability determination is a kind of technical document with legal effect, its purpose is to distinguish the responsibility for the accident, in accordance with the traffic laws and other provisions of the perpetrator to make correct and appropriate punishment, but also for the future accident damage compensation to lay the foundation, to provide a basis, to educate the majority of traffic participants from it to draw useful lessons, to study the law of traffic accidents, the development of effective safety precautions also have an important significance and role. The road traffic accident identification document shall be signed or sealed by the police handling the case, affixed with the special seal of the traffic management department of the public security organ for handling the road traffic accident, and served on the parties respectively, and inform the parties of the right and time limit to apply to the traffic management department of the public security organ for review, mediation and directly to the people's court. The law of our country stipulates that if the party has any objection to the determination of the road traffic accident or the issuance of the road traffic accident certificate, it may submit a written application for review within three days from the date of delivery of the road traffic accident determination or road traffic accident certificate.
Within five days of receiving the written review application from the parties, the public security traffic management department at the next higher level will make a decision on whether to accept the application. Where the parties submit an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing.
Legal basisProvisions on Procedures for Handling Road Traffic Accidents》 Article 71 Where a party has any objection to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date of delivery of the road traffic accident determination or road traffic accident certificate. Where the parties submit an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing. The application for review shall clearly state the request for review, its reasons and main evidence.
The review of the same incident is limited to one time.
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1. Under normal circumstances, if you are not satisfied with the content of the accident liability determination, you can apply to the higher-level authority for review within three days after receiving the certificate. After this period, no further application for review is permitted.
2. However, the content of the certificate is not absolutely valid. If the parties have sufficient evidence to prove that there is a problem with the determination, they may adduce evidence during the trial to overturn the probative effect of the determination.
3. Combined with the above analysis, the determination is only a kind of evidence in litigation, and the parties can overturn its probative capacity as long as they have evidence.
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Legal analysis: traffic accident responsibility can not be changed after the determination, there are objections to the traffic accident can apply for review, after the review found that the division of responsibility is unfair, will require the original case-handling unit to re-investigate, re-identify, after the re-identification will revoke the original traffic accident responsibility determination, re-issue.
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 of the parties' actions in the occurrence of road traffic accidents and the severity of the fault of which section.
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 an accident involving Jiaoduyutong, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
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Summary. Hello, almost two months after the traffic accident, you can still get the traffic accident liability certificate. Because according to the relevant laws and regulations, if the traffic accident occurred at the time of the police traffic police also surveyed the scene, in this case, after two months can also go to get the accident responsibility certificate, so the traffic accident occurred almost two months can also get the traffic accident responsibility certificate, at the same time, we need to pay attention to the fact that if the accident did not call the police at the time, after two months before the police, at this time the first scene of the traffic accident is gone, the traffic police department can not issue the accident responsibility certificate.
Hello, it has been almost two months since the traffic accident occurred, and you can still get the traffic accident liability certificate. Because according to the relevant laws and regulations, if the traffic accident occurred at the time of the police traffic police also surveyed the scene, this situation is also possible to get the accident responsibility certificate after two months, so the traffic accident occurred almost two months can also take the traffic accident responsibility socks identification, at the same time, we need to pay attention to the fact that if the accident did not call the police at the time, two months later to call the police, at this time the first scene of the traffic accident is gone, the traffic police department can not issue the accident responsibility certificate. <>
Hello, according to Article 133 of the Criminal Law: Whoever violates the traffic and transportation management regulations and thus causes a major accident, causing serious injury or death or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after causing a traffic accident or has other aggravating circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. <>
I called the police in the event of an accident, and the traffic police team also had a record, and did not go to the accident type to recognize the responsibility of the ante, because I wanted to bury the bureau was a small accident, and I didn't care too much about it, but later the accident was issued by the traffic police team due to the cost of the two parties, and the accident certificate issued by the traffic police team was required to file a lawsuit, but the traffic police said that it could not be opened, what should I do.
Hello. Your mood is very understandable, the traffic police force can not open the accident certificate to solve the solution is as follows: 1, if the legal time limit is exceeded, the party can ask the traffic police department 2, if it is not more than the statutory time limit, you can ask the traffic police for the interrogation of the accident responsibility determination of the trace time.
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