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Can the case be closed when the injured in the traffic accident are still recuperating

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Can the case be closed when the injured in the traffic accident are still recuperating


        

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  • 2024-06-18 22:00:04

    The case of the injured in a traffic accident can be closed while they are still recuperating.

    Article 93 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates that the traffic management department of the public security organ shall prepare a traffic accident identification letter within 10 days from the date of investigating the scene for the traffic accidents that have been investigated and inspected. If it is necessary to conduct inspection and appraisal, a traffic accident identification letter shall be prepared within 5 days from the date when the inspection and appraisal results are determined. Article 56 stipulates that a motor vehicle towing a trailer shall comply with the following provisions: trucks, semi-trailer tractors and tractors are only allowed to tow one trailer. The light signal, braking, connection, safety protection and other devices of the trailer shall comply with national standards; Small passenger vehicles are only allowed to tow recreational trailers or trailers with a total mass of less than 700 kg. The trailer shall not carry people; The load capacity of the trailer towed by the truck shall not exceed the load capacity of the truck itself. Large and medium-sized passenger cars, low-speed trucks, tricycles and other motor vehicles shall not tow trailers.

    Traffic accident handling process: 1. In case of a traffic accident, the scene must be protected to rescue the injured and property. 2. Written materials detailing the accident. 3. If any property loss is caused, the public security organ shall assess the loss of vehicles and articles. 4. If a person is injured or disabled, the public security organ shall designate the owner or the main person responsible for the accident to pay the medical expenses of the injured in advance, and issue the injury identification certificate and the preliminary assessment instructions for medical expenses. 5. The public security organ finds out the cause of the traffic accident, and makes the responsibility determination within 5 days for minor accidents and 15 days for ordinary accidents. Those who refuse to accept the application shall apply to the accident department (office) of the higher authority for re identification 15 days later. 6. Each party involved in the accident shall send one or two representatives to the accident mediation office of the public security organ to participate in mediation. 7. If only property loss is caused, mediation shall be started from the date of determination and the time limit shall be 30 days. Bring all kinds of invoices, bills, evaluation instructions and other supporting materials. 8. In case of injury, mediation shall be started from the date of the end of treatment or disability determination, and the time limit shall be 30 days. Bring all kinds of bills, discharge certificates, ID cards, disability assessment cards, etc., and the seriously disabled shall also bring their family members' certificates, and the supporting materials issued by the police station. 9. In case of death, mediation shall be started from the date when funeral matters are determined to be handled, and the time limit shall be 30 days. Family members shall bring all kinds of bills, death certificates, family support information issued by the police station, family members and other supporting materials. If the family member is unable to participate in the mediation and entrust another person to act as an agent, he/she shall present the certification procedures of the entrusted agent. 10. The case will be closed after both parties sign an agreement through mediation. The mediation statement, execution period and other documents shall be issued. 11. If the mediation period expires, no agreement can be reached after the second mediation, or the mediation statement is refused to be executed after it comes into effect, the public security organ will terminate the mediation. The parties shall bring a civil action to the people's court.

    To sum up, have your questions been answered!

    Legal basis

    Article 93 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, the traffic management department of the public security organ shall prepare a traffic accident identification letter within 10 days from the date of investigating the scene for the traffic accidents that have passed the inquest and inspection. If it is necessary to conduct inspection and appraisal, a traffic accident identification letter shall be prepared within 5 days from the date when the inspection and appraisal results are determined.

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