After a traffic accident, the parties often dissatisfied with the traffic police force to make traffic accident, but do not know how to deal with, and some think that if he does not sign, traffic accident will not take effect. Shijiazhuang Accident Lawyer Lijiang Hui warning: this understanding is wrong, the entry into force traffic accident or not, is not based on signatures, but look at the date prescribed by law, whether there is evidence to the contrary sufficient to invalidate it, so that the traffic police team make new traffic accident or let the judges to override it by decision.
In theory, traffic accident not administrative action, under the law, for traffic accident satisfied, can not bring an administrative reconsideration and administrative litigation. But this does not mean that refuses to accept traffic accident of no other remedy. Shijiazhuang Accident Lawyers Lijiang Hui gives the following measures:
1, before the traffic accident to make: Prior to the traffic accident, said the police if inspection, verification against themselves, may apply for re-inspection, verification.
"Road Accidents procedural requirements" Article 44 expressly provides for this, the traffic police department's Traffic Accident issued identification is made based on the inspection, the parties to this inspection and appraisal, if not recognized, there is a re-examination of the application, appraisal opportunities.
2, after the traffic accident to the proceedings made before: traffic accident, once made, can no longer apply for re-inspection, verification, then the remedy is as follows: You can apply for a review next higher level public security organs of the traffic management department.
In accordance with the law, from the date of service of road traffic accident within three days, higher level public security organs traffic management departments to submit written application for review. Review application shall specify the review request and the reasons and the main evidence.
3, stage of the proceedings: In the process of prosecution after filing, if not satisfied for traffic accident, traffic accident can on the court challenge, and state the reasons, the court is entitled to decide whether to adopt.
Traffic Accident only deal with the evidence because of traffic accidents, accidents in the People's Court action for damages, to be cross-examination in court, may apply to the court to explain their reasons for their party refuses to accept the people's court to decide whether adoption, and the right to determine the proportion of liability accident.
