Is there a time requirement for traffic accident disability assessment?

With the gradual improvement of everyone's living standards, there are more and more vehicles, traffic accidents are also frequent, accidents are severe, for those parties with more serious injuries, it is necessary to have an appraisal agency with appraisal qualifications to identify the injury, the appraisal agency can be entrusted by the law firm, can also be entrusted by the accident handling brigade. So there are many parties who have questions about the matters that need to be paid attention to in disability identification, so I will briefly talk about it next. First of all, the party injured in the traffic accident must be after the end of the first day, before he can apply to the accident handling brigade or the court for disability appraisal after the lawsuit.

Secondly, when going to the appraisal institution, you should bring the ID card of the person being evaluated, all medical materials, including the diagnosis certificate of the hospital, hospitalization records, outpatient or emergency medical records, various CT **, and the power of attorney of the traffic team or the court or law firm. After handing over the original copies of all the materials to the appraisal department, the appraisal agency will inform the parties when to do the appraisal. The appraisal department will generally issue the appraisal results within 15 days, but if there are special circumstances, it can be extended, such as ** unfinished, holidays, etc.

Legal basis: Article 20 of the General Principles of Judicial Appraisal Procedures: After a judicial appraisal institution accepts the entrustment, the judicial appraiser designated by the judicial appraisal institution, or the judicial appraiser applied by the client and approved by the judicial appraisal institution, completes the entrusted matters. Article 21 of the General Principles of Judicial Appraisal Procedures: The same judicial appraisal matter shall be conducted by two or more judicial experts.

The first forensic expert bears primary responsibility for the appraisal conclusions, and the other forensic evaluators bear secondary responsibility. Article 22 of the "General Principles of Judicial Appraisal Procedures" The conclusion of a judicial appraisal shall be reviewed by a judicial expert within the institution who has the qualifications for a senior technical position in the specialty. The reviewer shall be jointly and severally liable for the appraisal conclusions.

There is a time limit for the determination of disability. The basic requirement for a disability determination is that the disability determination can only be made after the ** is terminated and the injury is basically stable, and in principle, the disability determination cannot be made before the ** is concluded or the injury is not basically stabilized. There is no time limit for when the disability determination will be made after the ** is terminated and the injury is basically stable, and the patient can apply at will.

1. No matter what kind of appraisal, whether it is an injury or disability appraisal, it must be stable and no longer changes before the appraisal can be issued. If the injury** is unstable and there may be changes in the injury or function in the future, the evaluation cannot be issued.

2. If the injury is slight or although the injury is very serious, but it is quickly improved and the condition is stable, if the spleen is ruptured and surgically removed, etc., the appraisal can be issued after the condition is stable, and it is not necessary to wait for three months later, if there is a process of injury changes, such as functional recovery, it is generally issued at least three months later.

3. For those who are seriously injured and have a slow recovery, such as a vegetative person, the appraisal time will be longer, and some can take more than one year before the appraisal can be issued.

1. How long is the time for traffic accident disability assessment?

1. The time for disability appraisal in traffic accidents is 30 days. More than 30 days, shall be reported to the traffic management department of the public security organ at the next higher level for approval, but the longest shall not exceed 60 days. Where the parties are not satisfied with the disability evaluation, they may apply to the disability evaluation committee at the level above for a new evaluation within 15 days of receiving the appraisal document.

2. Legal basis: Article 28 of the General Principles of Judicial Appraisal Procedures.

The forensic appraisal institution shall complete the appraisal within 30 working days from the date on which the forensic power of attorney takes effect.

Where the appraisal matters involve complex, difficult, or special technical issues, or the appraisal process takes a long time, the time limit for completing the appraisal may be extended with the approval of the responsible person for that institution, and the extended time limit shall generally not exceed 30 working days. Where the time limit for evaluation is extended, the client shall be promptly informed.

Where there is a separate agreement between the forensic evaluation institution and the client on the time limit for evaluation, follow that agreement.

The time required to supplement or re-extract the appraisal materials during the appraisal process shall not be included in the appraisal time limit.

2. What is the process of determining responsibility for traffic accidents?

1. After the traffic accident occurs, the party concerned shall immediately call 122 to call the police** and ask the traffic police to arrive at the scene;

2. After the traffic police arrive at the scene, on-site disposal and on-site investigation, if the perpetrator escapes, if it is not found, within 10 days from the date of seizure, the public potato safety agency will issue a traffic accident liability determination; If it is found, the party concerned shall apply in writing, and the public security organ shall issue a written determination of responsibility for the traffic accident within 10 days;

3. After the traffic police arrive at the scene, on-site disposal and on-site investigation, if the perpetrator does not escape, no need for inspection and identification, the public security organ shall issue a traffic accident liability determination within 10 days. If it is necessary to identify, the inspection and appraisal shall be completed within 3 days from the date of the end of the on-site investigation, and the inspection and appraisal shall be completed within 20 days, and if the inspection and appraisal exceed the time limit, it shall be reported to the traffic management department of the public security organ at the next higher level for approval, and shall not exceed 60 days. The traffic management department shall hand over the conclusion to the parties;

4. If the parties obey the conclusion of the traffic management department, the public security organ shall issue a traffic accident liability determination. If the parties do not obey the conclusion of the traffic management department, apply for re-appraisal within 3 days, and the public security organ shall issue a traffic accident liability determination, if the party is still not satisfied, then apply for a review within 3 days, and the public security traffic management organ at the next higher level shall either maintain the original decision, or order a new investigation and identification, and the original case-handling unit shall issue a new determination within 10 days.

Because this traffic accident disability is related to compensation, although there is no mandatory requirement, it is generally three to six months after discharge from the hospital to apply for disability level evaluation. The timing of traffic accident disability assessment should generally be assessed after the injury directly caused by various factors or the complications caused by the injury** are concluded.

The disability appraisal can be done after the end of the **, which is based on the relevant certificates issued by the medical institution. The disability time of traffic accident identification is generally 3 months from the date of injury. But for the implanted steel plate, see if the steel plate needs to be removed.

If it is necessary to remove, it is necessary to wait for 3 months after the removal to do a disability assessment; If you do not intend to remove the steel plate, the time described above will be calculated.

There are three types of specific traffic accident identification disability time according to the different injuries of the situation

1) Appraisal can be carried out after injury and 1 month: loss of limbs and organs, removal and repair of internal organs, bone and jaw defects, rib fractures, rib defects and tooth loss, stable pelvic fractures, vertebral compression fractures greater than 1 3 (excluding spinal cord injury), and no disability.

2) 3 months after the injury, it can be identified: open fracture, pleural adhesion due to rib fracture, etc.

3) 6 months after the injury, it can be identified: nerve damage (brain, spine, etc.), ** scar injury, osteomyelitis, nonunion, etc.

1. Standards for the evaluation of traffic accident disability.

After the occurrence of a traffic accident, it is necessary to first conduct an appraisal, and only then talk about compensation after the appraisal, if Hui Xichong is injured and disabled in a traffic accident, he can request damages, and the compensation items mainly include medical expenses, nursing expenses, disability compensation, etc., what is the specific appraisal standard? The identification of traffic accident disability level is the main basis for accident compensation. There are four principles for the evaluation of traffic accident disability, namely, the principle of objective assessment, the principle of comparative assessment, the principle of separate assessment, and the principle of excluding the original injury and disease.

If a person is injured in a traffic accident, a disability rating is required to determine the amount of compensation.

The assessment of the disability level of traffic accidents needs to be assessed according to the following three situations:

1) The best effect after the human body is injured.

2) The relationship between disability and accident and damage.

3) Primary injuries directly caused by traffic accidents to the human body and complications or sequelae caused by the injuries.

China's traffic accident disability appraisal standard is divided into ten levels, professional appraisal agencies will make an appraisal according to the injury of the party, of which the first level of disability is the most serious, and the tenth level of disability is relatively light.

2. Who designates the Karamay Traffic Accident Disability Appraisal Agency?

The Karamay City Traffic Accident Disability Appraisal Agency is generally designated by the traffic police department or the people's procuratorate. Injury and disability appraisal refers to the appraisal of the degree of disability after injury. The scope of injury and disability appraisal includes traffic accident disability, work-related accident disability, accidental injury disability, and fight and brawl disability.

Generally, the judicial department (such as the traffic police force, police station, and court) will conduct the corresponding disability evaluation based on the relevant admission records provided by the hospital or entrust the disability appraisal agency.

Legal analysis: The time for assessing the disability of a traffic accident shall be applied for after the end of the application, and the appraisal shall be completed within 20 days; If it is necessary to extend, it may be extended for 10 days with the approval of the traffic management department of the public security organ of the city divided into districts.

Legal basis: Article 76 of the Civil Procedure Law of the People's Republic of China A party may apply to the people's court for an appraisal on the specialized issue of ascertaining facts.

Where the parties apply for an appraisal, the parties are to negotiate to determine a qualified evaluator; and where negotiation fails, the people's court is to appoint one. Where the parties have not applied for an evaluation, and the People's Court finds that an evaluation is necessary for a lack of potatoes on specialized issues, it shall entrust a qualified evaluator to conduct the evaluation.