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After the accident occurs, in accordance with the relevant laws and regulations of the state: due to the need to collect evidence, the traffic management department of the public security organ may detain the accident vehicle and motor vehicle driving license, and issue a certificate of administrative compulsory measures. (commonly known as withholding certificate).
At the same time, it also stipulates that if it is necessary to conduct inspection and appraisal, the traffic management department of the public security organ shall entrust a qualified appraisal agency to inspect and appraise within 3 days after the completion of the investigation at the scene of the accident. In addition, the time limit for the completion of the inspection and appraisal shall be agreed with the inspection and appraisal agency, and the agreed time limit shall not exceed 20 days;
Where it exceeds 20 days, it shall be reported to the department at the level above for approval, but must not exceed 60 days at the longest.
The public security traffic management department shall send a copy of the report to the parties within 2 days of receiving the inspection or appraisal report. (Assuming that the on-site investigation is completed within 1 day, and the inspection and appraisal is entrusted on the last day within 3 days, including the time limit, the maximum time for the party to get the report is 66 days.) All are weekdays, excluding holidays.
Where the parties have objections to the conclusion, they may apply for a re-inspection or appraisal within 3 days of service, and after approval by the person in charge of the county-level public security traffic management department, a re-inspection or appraisal is to be conducted.
The public security traffic management department shall, within 2 days of receiving the re-inspection and appraisal report, send a copy of the re-inspection and appraisal report to the parties.
Within 5 days from the date on which the inspection and appraisal conclusions are confirmed, the public security traffic management department shall notify the parties concerned to collect the impounded accident vehicle, motor vehicle driving license and seized items (note that the accident vehicle, driving license and seized items can be collected at this time).
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Let's find out, how long the traffic police detain the car, or how long to pick up the car, the traffic police detain your car is generally just to do identification, the general identification time is 3 days, and then sort out the sample of the car and some identification results, at most will not exceed 20 days, if it is more than 20 days, at this time it will be slightly more troublesome to deal with, at this time you want to pick up the car must go to the public security organ at the next level to approve, this is rare, the longest and longest car is detained in 2 months. So you can rest assured that you can just wait, and you will not be said to have your car towed away and sold, or destroyed for you, as long as the car identification results and some processes have been processed, you will be notified to pick up the car.
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After the responsibility for the accident is recognized, both parties can agree to the mediation agreement, note: except for major traffic accidents involving personnel!
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If the accident deposit is paid, the vehicle can be picked up in advance; On the contrary, it is necessary to wait for the mediation of the case agreement before it can be taken away.
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Legal Analysis: Public security agencies may detain the vehicle involved in the accident for the purpose of collecting evidence, but shall keep it properly for verification. The period for the detainment of the accident vehicle shall not exceed 25 days, and the period for the detainment of the accident vehicle shall not exceed 65 days under the circumstance that the inspection and appraisal period shall be extended with the approval of the management department of the public security organ at the next higher level.
Legal basis: Article 72 of the Road Traffic Safety Law After receiving a traffic accident report, the traffic management department of the public security organ shall immediately dispatch traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible.
Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification.
For the physical and mental conditions of the parties and other professional examinations, the traffic management department of the public security organs shall entrust a special agency to conduct an appraisal. The evaluation conclusion shall be signed by the evaluator.
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Legal analysis: After the inspection report and appraisal opinion of the traffic accident are confirmed, the traffic police will notify the parties to pick up the car within five days. The maximum shall not exceed three months.
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 person involved to collect the detained 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 be borne by the party concerned by the party itself.
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.
The disability appraisal is generally over, and after the condition is stable, you can apply for the disability appraisal. At present, there is no specific time limit, and it is recommended to go for a disability assessment within one year after the end of medical treatment. Article 21 of the Regulations on Work-related Injury Insurance If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be evaluated for his or her ability to work. >>>More
Litigation time: The first instance generally takes 3-6 months, and the first instance of traffic accident cases can be concluded in 3 months in most cases; After the first-instance judgment is issued, both parties accept the judgment, and the first-instance judgment takes effect, if either party is dissatisfied and appeals, the second instance shall be conducted, and the second instance shall be 3 months, and the second instance is the final judgment, and no further appeal is allowed; If the defendant can consciously perform the effective first-instance or second-instance judgment and the lawsuit is concluded, if the defendant refuses to perform, it needs to apply to the court for compulsory enforcement, although the law stipulates that the enforcement must be completed within 6 months, but generally speaking, the enforcement of traffic cases can be completed in about 1 month. >>>More
You can report the case at any time after a traffic accident, and there is no timeliness of reporting, but you should call the police immediately after the traffic accident, because the first time the accident occurs, it is conducive to protecting the scene, collecting evidence, and dividing responsibilities. If the body is damaged and it is necessary to recover compensation, a lawsuit shall be filed with the people's court within one year from the date of the accident. If the party fails to report to the police at the scene of the traffic accident and requests the traffic management department of the public security organ to deal with it afterwards, the party shall provide evidence of the traffic accident to the traffic management department of the public security organ within 10 days after making the request. >>>More
Under normal circumstances, within 10 days after the accident, the traffic department shall make a traffic accident certificate, and if it is necessary to conduct inspection and appraisal, then a traffic accident liability certificate shall be made within five days after the results are released. >>>More
The foreign version of the Chevrolet Classic has become Avio, in fact, this car can be said to be a frequent visitor to the car accident death list.