We know, after encountering traffic accident when us, general we are to choose to call the police, let a police solve a problem. After reaching trouble spot when the policeman, can issue a responsibility to hold a book according to the particular case of the spot. So if if this holds book opposite party,signing, how to do? Jiangsu rich thing is amounted to (without stannum) attorney office Xu Lei's lawyer is analytic.
One, the other side of cognizance book of traffic accident responsibility does not sign how to be handled
Many sided influence also causes produce traffic safety accident. When the account that accident of some transportation safety produces is complex and changeful, among them responsibility of a safe to traffic accident maintains a book not to sign, how to do? Is the other side maintained in responsibility of traffic safety accident sign on the book it how should run ability is good to how should run ability? Some victims are in produce traffic safety postaccident, the book does not agree with the responsibility that safe to the traffic of policeman branch accident holds not to sign disagree. The victim signs or do not sign, can not represent liability square the approbating of cognizance book of responsibility of safe to this traffic accident agrees, this is one of means of cognizance book of responsibility of policeman branch service only.
The first kind of means: Direct service comes in victim hand, sign to give next on the receipt sheet that holds a book in the responsibility of traffic safety accident by two personnel namely victim.
The 2nd kind of means: The victim rejects to be in what traffic safety signs on accident responsibility cognizance book, can be in the 7 kind that postal express delivery carries in the day, the unit that mail sends a victim or in the home, also maintain namely to had sent in victim hand. If the victim is right,cognizance book of responsibility of accident of this transportation safety disagrees disobedient, can be in 3 days when receive responsibility of traffic safety accident to hold a book in, apply for check to investigate to ranking transportation department. The plea that clear check should write to investigate in the content that check investigates and the reason that check investigates and the mainest evidence that check investigates. The victim signs or do not sign, the compensation that damages to the accident responsibility from the back won't be affected.
2, what is traffic accident cognizance book?
Traffic accident holds a book, it is to show management department of public security transportation passes pair of traffic trouble spot to reconnaissance, technology is analysed and be concerned examine, appraisal conclusion, what what after the analysis finds out the basic fact of traffic accident, cause of formation and party responsibility, make is technical conclusion, this conclusion is not had cabined force and executive force.
Xu Lei's lawyer is compensatory:
3, responsibility of safe to traffic accident is maintained disobedient, do not agree with disagree how to do
Traffic safety is made in door of the Ministry of Communication if two victims after accident responsibility is maintained are safe to traffic accident responsibility is maintained do not agree with disagree, can apply for check to investigate to ranking transportation department, during check is investigated, any one party victims of two victims mention to the court of civil suit, the liability of traffic safety accident that check investigation ends department of transportation of; public security to issue instantly holds a book, the application that the victim of traffic safety accident can not offer to make responsibility of traffic safety accident maintain afresh appeals to beg, also can not offer traffic administration suit to the court. Because this transportation is safe,accident responsibility cognizance book is not a specific administrative action.
If victim with respect to respect of issue of liability of traffic safety accident, put forward civil suit request to the court, the court will not accept this lawsuit plea. Be in only respect of civil compensation problem, the responsibility of traffic safety accident that the checkup that puts forward litigant request to the court discovers door of the Ministry of Communication among recuperation process maintains the circumstance with unreasonable book to fall, the responsibility of traffic safety accident that need not accept this to be issued by door of the Ministry of Communication holds a book. Can visit channel through the letter to city class or provincial public security bureau censorial perhaps branch appeals for help.
Traffic accident responsibility maintains a book to have what kind of use: The dispute that can expand indefinitely of accident responsibility in order to prevent traffic safety and contradiction, accident of safety of convenient processing transportation. In responsibility of traffic safety accident seasonable and effective justice is made be maintained fairly in maintaining, be beneficial to the reasonable, lawful, maintenance that combines feeling the right in traffic safety accident mixes two party interest
In us the accident responsibility of make known to lower levels of national transportation department holds a book in, won't not sign because of the victim, with respect to the legal competition ability that can affect accident liability, because of its itself is contained namely mandatory. The victim does not sign not to apply for judicatory adjustment to relieve again, can take traffic accident responsibility to hold book and other certificate, mention to the court civil suit, ask the victim is compensated for.
