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Where to go for identification of personal injury and disability in traffic accidents

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Source: Legal Chart Compilation · 2024.02.20 · 22127 people have seen it
Guide: Article 26 After the parties' application for appraisal is approved by the people's court, the parties shall negotiate to determine the qualified appraisal institution and appraisers. If consultation fails, the people's court shall appoint them. Article 27 The party concerned objects to the expert conclusion made by the expert department entrusted by the people's court and applies for a new appraisal.

 Where to go for identification of personal injury and disability in traffic accidents

handle traffic accident It should be carried out according to the actual situation. If any person is injured at this time, it should be carried out after the accident responsibility identification Disability appraisal Then traffic accidents Personal injury permanent disability Where to do it? Nomogram The editor brings relevant regulations to answer this question for you.

1、 Where to go for identification of personal injury and disability in traffic accidents

According to the Civil Procedure of the Supreme People's Court evidence Several provisions of

Article 26 After the parties' application for appraisal is approved by the people's court, the two parties shall negotiate to determine the qualified appraisal institution and appraisers. If consultation fails, the people's court shall designate them.

Article 27 If a party objects to the expert conclusion made by the expert department entrusted by the people's court and applies for a new expert conclusion, and provides evidence to prove that one of the following circumstances exists, the people's court shall grant permission:

(1) The appraisal institution or appraiser does not have the relevant qualification for appraisal;

(2) The appraisal procedure is seriously illegal;

(3) The expert conclusion is obviously based on insufficient evidence;

(4) Other circumstances that cannot be used as evidence after cross examination.

If a defective expert conclusion can be solved by means of supplementary appraisal, re cross examination or supplementary cross examination, it shall not be re appraised.

Article 28 If one party entrusts the relevant department to make an expert conclusion on his own, and the other party has enough evidence to refute it and apply for a new expert conclusion, the people's court shall permit it.

Article 29 The judges shall examine whether the expert certificate issued by the expert witness contains the following contents:

(1) The name of the client and the content of the entrusted appraisal;

(2) Materials entrusted for appraisal;

(3) Identification basis and scientific and technological means used;

(4) Description of the identification process;

(5) Clear identification conclusion;

(6) Description of the appraiser's qualification;

(7) Signature and seal of appraiser and appraisal institution.

II apply Traffic accident disability appraisal What shall prevail

Assessment of disability of injured persons in road traffic accidents 》It is stipulated that if the party concerned is disabled due to a traffic accident, after the end of treatment, a qualified Disability appraisal institution evaluate Disability level If a traffic accident causes disability, the national standard for assessment is "gb18667-2002" issued by the General Administration of Quality Supervision, Inspection and Quarantine on March 11, 2002. (hereinafter referred to as the National Standard for Traffic Disability) According to the National Standard for Traffic Disability, "the assessment time shall be subject to the injury directly caused by the accident or the end of treatment caused by the injury".

Generally speaking, early assessment may lead to higher disability levels and damage the interests of compensation obligors; Delay will lower the disability level and damage the interests of the injured. Therefore, it should be assessed in time after the end of treatment.

Through the introduction of relevant laws, everyone should know about traffic accidents Personal injury and disability Where should the appraisal be conducted? Usually, the parties can negotiate to determine. However, if consensus cannot be reached at this time, the court can designate it. It is better that both parties can negotiate to determine an appraisal institution to avoid the situation that one party does not agree with the appraisal conclusion in the future. Of course, if the party is not satisfied with the appraisal made by the professional organization, it can also apply for re appraisal within the specified time. This is also a remedy for our own interests. After all, after the identification result is obtained, the subsequent treatment will be based on this result. You can consult the law chart for more relevant knowledge Haikou Lawyer

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