The issue of the road traffic accident certificate

The traffic police are already very good to you! Since there is compulsory insurance, the loss of all parties is less than 2,000 yuan, if both parties are responsible, they can collide with each other to compensate, maybe you lose more than 2,000 yuan. And you are mainly responsible for this accident, and the traffic police have already judged the other party to be equally responsible (in fact, the traffic police may have a lot to do, in order to appease both of you, you have been sentenced to equal responsibility).

According to the relevant regulations, if you have already sued, the compliance procedure should be terminated. 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.

I'm very attentive, ** points.

cu two u rs) w fart a ding t b s) 12341546342011-9-13 23:16:21

If the car damage on both sides is within 2,000 yuan, this is called mutual collision within the scope of compulsory traffic insurance, and each of them is in charge of their own, you don't have to pay attention to him, more than 2,000 yuan you have to bear half for him, the upstairs is all nonsense, dogmatism.

According to the relevant provisions of the "Compulsory Traffic Insurance", if there is no personnel and the property loss does not exceed 2,000 yuan, if it is determined that the primary and secondary liability and the same liability can be settled in two ways, one is to meet each other, that is, your insurance company compensates the other party, and the other party's insurance company compensates you; The second is mutual self-compensation, that is, the kind you mentioned above, each repairing its own, that is, each of them finds their own insurance company to compensate for the repair costs.

There is no basis for you to say that the other party asked you to bear half of the repair cost, you can directly ignore it, even if the other party sues the court, the court will first deal with it according to the mediation proposal of the traffic police department.

Legal analysis: the road traffic accident certificate is generally a technical legal document issued by the traffic police department, and it is also the corresponding written basis for the public security department to mediate the traffic accident damages; The general traffic accident determination is evidence of whether the people's procuratorate will prosecute the traffic offender and investigate his criminal responsibility; The traffic accident certificate is usually also a kind of written evidence for the court to convict and sentence the suspect and determine the damages. According to the content involved in the traffic accident identification document, it will show that it has certain characteristics of documentary evidence, because it is generally produced by the public security department, so it should belong to a kind of public evidence, which has a very high effect of supporting evidence; At the same time, this characteristic also determines that the determination is not administratively justiciable, and an administrative lawsuit cannot be filed if you are not satisfied with the conclusion of the determination.

It can be seen from this that the determination determines that when the court hears a traffic accident, it should do a good job of truthfulness, objectivity, and legality review in conjunction with other evidence.

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.

The road traffic accident liability determination document is a document formed by the public security traffic management department in accordance with traffic laws and regulations on whether the parties to the traffic accident have violated the rules, as well as the causal relationship between the violation and the damage consequences of the traffic accident. The traffic management department of the public security organ shall, on the basis of the traffic accident scene inquest, inspection, investigation and relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

What is the normal process for handling traffic accidents?

1. Accept and report the case. After receiving a report from a party or other person, the public security traffic management department shall file the case in accordance with the scope of jurisdiction;

2. On-site processing. After the public security traffic management department accepted the case, it immediately dispatched personnel to the scene to rescue the injured and property, investigate the scene, and collect evidence;

3. Determination of responsibility. On the basis of ascertaining the facts of the traffic accident, the public security traffic management department shall make a determination of the traffic accident responsibility of the parties according to the causal relationship between the violation of the accident and the traffic accident, and the size of the role;

4. Adjudication and punishment. The public security traffic management department shall, in accordance with the relevant delineation, give warnings, fines, suspensions, revocation of driver's licenses or detention to those responsible;

5. Mediation of damages. For the compensation for the injury, death and economic losses caused by the traffic accident, the corresponding compensation ratio shall be divided according to the relevant delineation and compensation scale, and the corresponding compensation ratio shall be divided according to the accident responsibility, and the public security traffic management department shall convene the parties on both sides for mediation. The two parties agree to reach an agreement that the accident mediation staff will prepare and issue a mediation letter for damages;

6. Filing a lawsuit with the court. If the mediation between the two parties fails within the time limit prescribed by law, the public security traffic management department will terminate the mediation and issue a letter of mediation conclusion, and the parties shall file a civil lawsuit with the court.

[Laws and Regulations].Article 73 of the Road Traffic Safety Law of the People's Republic of China.

The traffic management department of the public security organ shall, on the basis of the traffic accident scene inquest, inspection, investigation and relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

The road traffic accident identification letter is a technical legal document issued by the traffic police department, and it is also the basis for the public security organ to mediate the compensation for traffic accident damages; The traffic accident certificate is evidence of whether the people's procuratorate has prosecuted the perpetrator of the traffic accident and pursued criminal responsibility; The traffic accident certificate is evidence for the people's court's conviction and sentencing and determination of damages. According to the content contained in the traffic accident certificate, it shows that it has the characteristics of documentary evidence, and because it is produced by the public security organ, it should be official documentary evidence and has a high probative effect. At the same time, it was decided that the determination was not administratively actionable, and that an administrative lawsuit could not be filed if dissatisfied with the conclusion of the determination.

It is also decided that when the court hears a traffic accident case, it should conduct the same examination of authenticity, objectivity, and legality as other evidence, and if there is other evidence sufficient to overturn the determination, the court can not accept it without a new determination. Article 90 of the "Road Traffic Safety Law" A motor vehicle driver who violates the road traffic safety laws and regulations on road traffic shall be given a warning or a fine of not less than 200 yuan or not more than 200 yuan in the form of laughter. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.

1. How is a road traffic accident determined?

1. The extent of the role of the party's violation in the traffic accident, and the extent to which the party should be held responsible for the traffic accident. If a traffic accident is caused by the violation of the rules of one party, the party who has violated the rules shall bear full responsibility for the accident. If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an almost equal role in the traffic accident, the two parties bear equal responsibility.

Where the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of each party's violation in the traffic accident.

2. There is a causal relationship between the violation and the result of the damage. If there is a causal relationship between the traffic violation and the traffic accident, the corresponding traffic accident responsibility shall be borne. If the party concerned has not violated the rules or has violated the rules, but there is no causal relationship between the violation and the traffic accident, he shall not be liable for the traffic accident.

3. The party has violated the rules. That is, the parties involved in the traffic accident have violated road traffic regulations, which is commonly known as violations. If there is no violation, it is not a traffic accident.

2. What is a road traffic accident certificate?

The "Road Traffic Accident Identification Certificate" is a technical legal document issued by the traffic police department, and it is also the basis for the public security organs to mediate the compensation for traffic accident damages; The traffic accident certificate is evidence of whether the people's procuratorate has prosecuted the perpetrator of the traffic accident and pursued criminal responsibility; The traffic accident determination is the evidence for the people's court to convict and sentence and determine the compensation for damages.

According to the content contained in the traffic accident certificate, it shows that it has the characteristics of documentary evidence, and because it is produced by the public security organ, it should be official documentary evidence and has a high probative effect. At the same time, it was decided that the determination was not administratively actionable, and that an administrative lawsuit could not be filed if dissatisfied with the conclusion of the determination. It is also decided that when the court hears a traffic accident case, it should conduct the same examination of authenticity, objectivity, and legality as other evidence, and if there is other evidence sufficient to overturn the determination, the court can not accept it without a new determination.

Legal basis: Article 50 of the "Traffic Accident Handling Work Specifications" The traffic police shall submit a traffic accident investigation report to the person in charge of the traffic accident handling agency within seven days from the date of investigation of the scene, within seven days after the traffic hit-and-run case is cracked, and within three days after the inspection and appraisal results are determined.

Article 60 The person in charge of the traffic accident handling agency shall examine and approve the "traffic accident investigation report" within two days; For complex and difficult cases, the person in charge of the traffic accident handling agency shall organize an expert group to study and review.

Article 61: After the traffic accident investigation report has been reviewed and approved, the traffic police shall, in accordance with regulations, draft a "traffic accident identification document", notify all parties to appear, disclose relevant evidence, explain the reasons and basis for the determination, announce the results of the traffic accident determination, and send the "traffic accident identification document" to all parties separately. The parties who refuse to appear without a legitimate reason after being notified are to be recorded in the case file.