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Civil proceedings are generally brought within two years from the date on which one knew or ought to have known that a right had been violated, while personal injury should be brought within one year.
References: 1. Article 136 of the General Principles of the Civil Law provides that the following statute of limitations period is one year:
1) Claims for compensation for bodily injury;
Article 137:The statute of limitations period is calculated from the time when knowledge or should have known that rights had been infringed.
2. Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the "General Principles of the Civil Law of the People's Republic of China" (Provisional): Article 168 The injury is obvious during the limitation period for personal injury compensation, and the injury is calculated from the date of injury; If the injury was not discovered at the time, and the injury is later confirmed by examination and can be proved to be caused by the injury, it is counted from the date on which the injury was diagnosed.
The statute of limitations for compensation for personal injuries caused by road traffic accidents is one year. It will be calculated from the day after receiving the traffic accident liability certificate. Generally, the victim will sue immediately after receiving the traffic accident liability determination, which has the advantage that the property of the perpetrator, such as a car, is still seized by the public security organ, and it is easier for the court to preserve and enforce the property.
Generally, the traffic police will release the car of the party responsible for the accident 3 days after the issuance of the accident liability determination, so they should prepare in advance to prosecute as soon as possible. Of course, if the traffic police force is applied for mediation, it will be handled in accordance with the mediation agreement of the public security organ. If the mediation fails, it can be sued separately, but in this case, the car of the party responsible for the accident has been released by the traffic police department, which is not conducive to the enforcement of the court after the lawsuit.
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Traffic accidents are generally prosecuted as personal injury cases, and the statute of limitations is one year, starting from the day after receiving the traffic accident liability determination.
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Legal analysis: The traffic management department of the public security organ shall make a traffic accident identification letter within 10 days from the date of the investigation of the scene of the traffic accident after the inspection and inspection of the scene. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be prepared within 5 days from the date on which the results of the inspection or appraisal are determined.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents
Article 82: Where a road traffic accident constitutes a crime and the driver's motor vehicle driver's license shall be revoked in accordance with law, the traffic management department of the public security organ of a city divided into districts shall revoke the driver's license in accordance with law after the people's court has rendered a guilty verdict. At the same time, if there is an escape situation, the traffic management department of the public security organ shall, at the same time, make a decision in accordance with the law that the motor vehicle driver's license shall not be re-obtained for life.
Article 83 If a professional transport unit has two accidents that kill three or more people twice within six months, and the unit or the driver of the vehicle bears full or primary responsibility for the accident, the traffic management department of the public security organ where the professional transport unit is located shall, after being approved by the traffic management department of the public security organ of the city divided into districts, make a decision to order the elimination of the potential safety hazard within a time limit, prohibit the motor vehicle that has not eliminated the potential safety hazard from rolling on the road, and notify the people at the place where the road traffic accident occurred and the place where the transport unit is located** Relevant administrative departments.
Article 84 The parties may resolve disputes over compensation for road traffic accident damages in the following ways:
1) Apply to the People's Mediation Committee for mediation;
B) apply to the traffic management department of the public security organ for mediation; Nianfan.
3) Initiating a civil lawsuit in a people's court.
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After a traffic accident, it is usually dealt with within 10 days. The traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inquest and inspection of the scene. If it needs to be inspected, it will take longer.
Under normal circumstances, the traffic management department of the public security organ shall make a traffic accident identification document within 10 days from the date of the investigation of the scene of the traffic accident after the investigation and inspection of the scene.
1. Handling of traffic accident escape.
The act of escaping after causing a traffic accident shall be dealt with as follows according to different circumstances:
1.For those who flee after causing a traffic accident and it does not constitute a crime, the public security organ shall impose a fine of 200 to 2,000 yuan, and may be detained for up to 15 yuan;
2.In the event of a major traffic accident, which constitutes a crime and there is no escape, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with law;
3.In the event of a major traffic accident that constitutes a crime and escapes, the public security organ shall revoke the motor vehicle driver's license in addition to pursuing criminal responsibility in accordance with law, and shall not re-obtain a motor vehicle driver's license for life.
2. What is the report of a traffic accident? Accident alarm **122 or 110
1.In general, traffic accident reports call the service of 122 Traffic Accident Handling Center**;
The police is to deal with the alarm of the mass traffic accident, and the traffic management department of the public security organ directs and dispatches the police to deal with various alarms and requests for help;
3.At the same time, 122 can also accept complaints and reports from the traffic law enforcement police and hail inquiries.
Legal basisArticle 62 of the Provisions on Procedures for Handling Road Traffic Accidents shall be made 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.
If it is necessary to conduct inspection and appraisal, it shall be made within five days from the date of determination of the inspection report and appraisal opinion.
The traffic management department of the local public security organ where conditions permits may publish the road traffic accident certificate on the Internet on a trial basis, but shall keep confidential the state secrets, commercial secrets or personal privacy involved.
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Summary. Legal analysis: Traffic accidents are generally handled within 10 to 15 working days.
According to the provisions on the procedures for handling road traffic accidents, the determination of responsibility for traffic accidents shall be made within the time limit from the date of occurrence of the traffic accident. Within 5 days for minor accidents, within 15 days for general accidents, and within 20 days for major and extraordinarily serious accidents. How long does it take for the traffic accident responsibility letter to be issued1, the traffic management department of the public security organ shall make a road traffic accident identification letter within 10 working days from the date of on-site investigation; 2. In the case of traffic hit-and-run, a road traffic accident identification certificate shall be made within 10 working days after the vehicle and driver involved in the traffic accident are seized; 3. If it is necessary to conduct inspection and appraisal, a road traffic accident identification certificate shall be made within five working days from the date on which the inspection and appraisal conclusion is determined; 4. If the escape traffic accident has not 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 make a road traffic accident identification document within 10 working days after receiving the written application of the party concerned and send it to the injured party.
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How long does it take to get out of a traffic accident Traffic accidents are generally 10 to 15 working days to get results.
Legal analysis: Traffic accidents are generally handled within 10 to 15 working days. According to the provisions of the road traffic accident handling procedures, the determination of the responsibility of the bridge socks in traffic accidents shall be made within the time limit from the date of the traffic accident.
Within 5 days for minor accidents, within 15 days for general accidents, and within 20 days for major and extraordinarily serious accidents. How long does it take for the traffic accident responsibility letter to be issued1, the traffic management department of the public security organ shall make a road traffic accident identification letter within 10 working days from the date of on-site investigation; 2. In the case of traffic hit-and-run, a road traffic accident identification certificate shall be made within 10 working days after the vehicle and driver involved in the traffic accident are seized; 3. If it is necessary to conduct inspection and appraisal, a road traffic accident identification certificate shall be made within five working days from the date on which the inspection and appraisal conclusion is determined; 4. If the 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 make a road traffic accident identification document within 10 working days after receiving the written application of the party concerned and send it to the injured party.
Legal basis: 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 recognition certificate shall be made 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 key return to the safety organ shall, before making a road traffic accident determination, convene all parties to be present 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.
Generally speaking, traffic accidents between motor vehicles and non-motorized vehicles will be determined in proportion to how many percent you are and how many percent he is.
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