Is it necessary to have a power of attorney for disability assessment in a traffic accident? 1. Is it necessary to have a power of attorney for disability assessment in a traffic accident? Traffic accident disability assessment is a process in which personnel with specialized knowledge designated or hired by the public security and traffic management department in accordance with the law evaluate and determine the disability level of persons injured in road traffic accidents on the basis of objective inspection. According to the second paragraph of Article 40 of the "Traffic Accident Handling Procedures" of the Ministry of Public Security: If a party is disabled due to a traffic accident, the disability level will be assessed by a qualified disability appraisal agency after the treatment is completed. Qualified inspection, appraisal, and evaluation institutions shall be registered with the public security and transportation management department of the provincial people's government. The public security and transportation management department may introduce qualified inspection, appraisal, and evaluation institutions to the parties, and the parties shall make their own choices. Traffic accident disability refers to the personal disability caused by road traffic accident injuries. Including: abnormalities in mental, physiological functions and anatomical structures and the resulting loss of life, work and social activities to varying degrees. According to the disability status of the injured persons in road traffic accidents, the degree of disability of the injured persons is divided into 10 levels, from level I (100%) to level X (10%), with a difference of 10% in each level. Second, who will assess the disability level in traffic accidents? The level of disability in a traffic accident will be assessed by a qualified forensic appraisal agency. People with disabilities in traffic accidents generally need to undergo a disability appraisal after treatment or six months after discharge, otherwise the appraisal agency will not do it. It can be appointed by the court after the lawsuit is filed, or it can be appointed by a law firm before the lawsuit is filed. Disability in a traffic accident shall be based on the completion of treatment of the injury directly caused by the accident or the complications caused by the injury. Based on the direct loss suffered by the victim. Materials required for traffic accident disability appraisal: ID card, work permit, unit certificate, salary sheet, medical documents, certificates and medical documents issued by the hospital, and fill in the appraisal documents. According to Article 42 of the "Road Traffic Accident Management Measures", if a party involved in a traffic accident is disabled due to a traffic accident and needs to undergo a disability appraisal, the injury directly caused by the accident or the complications caused by the injury must be treated after the treatment is completed. Submit a written application to the public security agency that handles traffic accidents within 15 days. Within 30 days after receiving the application for disability assessment, the public security organ will assess the disability level based on the hospital certificate and the Ministry of Public Security's "Road Traffic Accident Disability Assessment Standards". If the party concerned is dissatisfied with the disability assessment, he or she may apply for re-assessment from the higher-level public security agency within 15 days after receiving the assessment. After receiving the re-identification application, the public security organ at the next higher level shall make a re-identification decision within 30 days. The applicant will be notified in writing of the re-evaluation conclusion. According to regulations, the re-evaluation conclusion made by the higher-level public security agency is the final decision. three. Traffic accident personal disability assessment procedure 1. The person being evaluated should bring the disability assessment application with the official seal of the case handling unit and the signature of the case handler; 2. Bring the diagnosis certificate, examination results, CT, X-ray, and diagnosis report from the hospital at or above the county level; 3. Borrow relevant surgical medical records from the treating hospital. and inspection records; 4. When appraising the working ability of the dependent, the appraiser’s ID card, household registration certificate and instructions from relevant government departments should also be brought along; 5. The assessment should end with the treatment of injuries directly caused by the accident or confirmed complications. in accordance with. The treatment has not yet ended, and if a basis for compensation needs to be provided due to mediation, this should be stated in the application; 6. The appraiser needs to undergo an examination in person and pay the prescribed appraisal fee.
Legal objectivity:
Article 239 of the "Regulations on the Procedures for Handling Criminal Cases by Public Security Organs" In order to ascertain the facts of the case and solve certain specialized issues in the case, it is necessary to Designate and hire people with specialized knowledge to conduct appraisals. If it is necessary to hire personnel with specialized knowledge for appraisal, an appraisal invitation letter shall be prepared with the approval of the person in charge of the public security organ at or above the county level.