If the traffic police fail to deal with the traffic accident, they may file an administrative lawsuit. After a traffic accident occurs, the traffic police should perform their duties. After receiving the traffic accident alarm, they should immediately send the traffic police to the scene, organize to rescue the injured first, and take measures to restore the traffic as soon as possible. After inspection, examination and investigation, the traffic accident identification shall be made in a timely manner. If the traffic police do not deal with the traffic accident, it belongs to the performance of omission.
 According to the law, after receiving the traffic accident alarm, the traffic management department of the public security organ shall immediately send people to the scene to handle and investigate accordingly. Timely prepare a traffic accident identification letter as evidence for handling traffic accidents.
 Legal basis
 Article 72 of the Road Traffic Safety Law of the People's Republic of China, after receiving the traffic accident alarm, the traffic management department of the public security organ shall immediately send traffic police to the scene, organize to rescue the injured first, and take measures to restore traffic as soon as possible.
 The traffic police shall conduct an inquest and inspection of the scene of the traffic accident and collect evidence; The vehicle involved in the accident may be detained for the purpose of collecting evidence, but it shall be kept properly for verification.
 The traffic control department of the public security organ shall entrust a special agency to conduct a highly professional examination of the physical and mental conditions of the parties. The expert conclusion shall be signed by the expert witness.
 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, in accordance with the on-site inspection, inspection and investigation of traffic accidents and the relevant inspection and appraisal conclusions, timely prepare a traffic accident identification letter as evidence for handling traffic accidents. The letter of determination of traffic accidents shall state the basic facts of the traffic accidents, the causes of the traffic accidents and the responsibilities of the parties concerned, and shall be served on the parties concerned.