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The process after the accident identification letter is issued

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The process after the accident identification letter is issued


        

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  • 2024-06-18 19:00:57

    "The process after the issuance of the accident identification letter: 1. After the issuance of the accident identification letter, there is a problem of compensation. Both parties can negotiate on their own. If the negotiation fails, both parties can unanimously request the traffic police to mediate or file a civil lawsuit in the court.

    2. If both parties unanimously request the public security and traffic management department to mediate, they can submit a mediation application in writing within 10 days from the date of receiving the traffic accident confirmation letter, waiting for the mediation of the traffic management department. The time limit for the traffic management department to mediate the dispute of accident damage compensation is 10 days. After an agreement is reached, the traffic management department of the public security organ shall make a mediation statement and serve it on the parties concerned. The mediation statement shall come into force after being signed by both parties, and then the compensation shall be performed according to the provisions.

    3. If the case enters the court trial stage, both parties have no objection to the proportion of liability determined in the Letter of Responsibility Determination for Traffic Accidents, and the court will hear the losses of both parties according to the letter of responsibility determination. If both parties or one party disagrees with the proportion of responsibility determined in the Letter of Responsibility Determination for Traffic Accidents, the objecting party shall provide relevant evidence to prove the reason for its objection. If the objecting party has evidence to prove that the proportion of responsibility determined in the Letter of Responsibility Determination is indeed wrong, the court will only use the letter of responsibility determination as a trial reference, and re divide the proportion of responsibility of all parties in the case based on the evidence submitted by the objecting party. "

    Legal basis

    Article 74 of the Road Traffic Safety Law of the People's Republic of China may request the traffic management department of the public security organ to mediate a dispute over compensation for damage caused by a traffic accident, or may directly bring a civil lawsuit to the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or fail to perform the mediation statement after it comes into effect, the parties may bring a civil lawsuit to the people's court.

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