Introduction: In last few years, traffic accident frequency is sent, the issue that produces from this is increasing also. Produce traffic postaccident, because a lot of people remedy a problem vexed, do a court of justice even. So, is traffic accident procrastinating to be not handled how to do? Dispute of what traffic accident can be sued? What problem should traffic accident lawsuit note?
Is traffic accident procrastinating to be not handled how to do?
Traffic accident the other side is not handled can look for the policeman processing that is in charge of this traffic accident, not be willing to handle, can want to sue a court.
1, look for a policeman first, let them give policeman accident thing and relevant proof (you say to want to accuse) to the court, he can help your lane reach.
2, undertake to the court civil sue. You should offer the proof of go to a doctor of the other side, you give the receipt of the other side and policeman. It is the data that the policeman provides again.
Dispute of what traffic accident can be sued?
1, party mentions because of problem of damages of road transportation accident when civil suit, outside dividing indictment, the intercessory book that still should refer public security mechanism to make, mediation is terminative book or this accident does not belong to violate the rules and regulations of any one party party the conclusion that behavior causes, traffic accident responsibility holds a book, with etc. People court is sued to according with what the code of civil law sets the 119th times, should grant to accept. The code of civil law sets the 119th times, sue must accord with following condition:
(1) accuser is the citizen that has direct interests with this case, legal person and other organization;
(2) has clear the accused;
(3) has; of specific litigant request and fact, reason
(The limits that 4) belongs to people court to hear civil suit and suffer courtyard of civil code telling a person administer.
2, the damages issue that the concerns with car, pedestrian accident that party produces on blame road poses is sued, accord with what the code of civil law sets the 119th times to sue a condition, people court ought to be accepted.
3, simple to details of a case, causal dispute of clear, party is not big slight with general accident, public security mechanism is OK according to " program of road transportation trouble removal sets " use simple and easy program is punished on the spot and mediate, but party does not agree to use simple and easy program to handle, not applicable and simple and easy program. Any one party nonperformance after mediation did not come to an agreement or mediating student effect on the spot, the intercessory book that party can run public security office perhaps mediates terminative book to mention to people court civil suit, people court ought to give lawfully accept.
4, after road transportation accident happens, by the party of charge of the person that public security mechanism appoints imprest rescue to hurt, do not have responsibility of road transportation accident with its or responsibility is light and disagree to imprest charge, hold public security mechanism to mediate book, mediation the conclusion that terminative book perhaps maintains this accident not to belong to behavior of any violate the rules and regulations of one party party to cause, can sue to people court, accord with what the code of civil law sets the 119th times to sue a condition, people court also ought to be accepted.
What problem should traffic accident lawsuit note?
According to our country " code of civil law " the 108th regulation, should remind everybody the attention is the following 4 problems:
(1) who is accuser, who will hold the right, this looks seem a very simple question, but in judicatory practice, often a lot of party made a mistake it. Caused person harm when traffic accident, of seek redress should be like to; of people court to lodge a complaint by him victim produce fatal accident, should by the dead's heir at law (include by bring up person) cause content damage to accident of traffic of; of people court to lodge a complaint, seek redress should by this thing everyone to people court to lodge a complaint.
(Who does 2) accuse, who is the accused. The basis concerns the provision of law, code, should car everybody (namely car advocate) also as the accused, and should not tell a driver only, do not tell car holder (namely car advocate) accident of injury of; happening guest ought to regard the accused as carrier.
(The project that compensates for in 3) lawsuit ask for instructions wants specific, affirmatory, also want to accord with the regulation of the relevant law of our country, code at the same time. Need continues to treat, in mention when civil suit, reservation of court of ask for instructions appeals to authority, and do not answer have not happen, seek redress of not affirmatory also charge to lodge a complaint. Ask a price of all over the sky of avoid by all means, do not accord with the litigant ask for instructions that our country law, code sets, cannot get support not only so, also want corresponding litigant expenses at the same time.
(4) to have jurisdictional people court to lodge a complaint. According to concerned legal provision, party can produce to lodge a complaint of ground people court to traffic accident already, OK also to to lodge a complaint of court of people of dwelling place of the accused place, produce outer ground like traffic accident, guest injury accident, and car everybody (namely car advocate) or carrier is in this city, can to to lodge a complaint of court of people of ground of abode of this city the accused, can reduce litigant cost already so, also can avoid the overworked of journey.
