One, someone was injured in a traffic accident, how to get the detained car?
Generally, only the traffic police team has issued a traffic accident certificate to get the car back. However, it should be noted that if a lawsuit is filed with the court for property preservation of the accident vehicle, then the owner will not be able to take it.
According to the road traffic accident, if the public security organ needs to detain the vehicle of the party concerned for collecting evidence, it shall notify the party concerned to collect the detained accident vehicle, motor vehicle driving license and detained articles within five days from the date when the inspection and appraisal conclusion is determined.
At the same time, if the driver escapes by driving an ownerless vehicle or fails to get the vehicle back 30 days after being notified to the parties, the detained vehicle will be dealt with according to law three months after the announcement.
Second, what are the rules for detaining cars in traffic accidents?
After a traffic accident, the traffic police have the right to detain the car. The legal basis for giving traffic police this power is:
(1) Article 72 of the Road Traffic Safety Law stipulates that "the traffic police shall conduct an inquest and inspection on the scene of the traffic accident and collect evidence; Due to the need to collect evidence, the accident vehicle can be detained, but it should be properly kept for verification. "
(II) Provisions on Procedures for Handling Road Traffic Accidents Article 28 Due to the need of collecting evidence, the traffic administrative department of the public security organ may detain the accident vehicle and motor vehicle driver's license and issue a certificate of administrative compulsory measures. Detained vehicles and motor vehicle driving licenses shall be properly kept. At the same time, it is stipulated that "Article 44 Within five days after the conclusion of inspection and appraisal is confirmed, the traffic administrative department of the public security organ shall notify the parties concerned to collect the detained accident vehicle, motor vehicle driver's license and seized articles. If the ownerless vehicle that the driver has escaped or the vehicle that has not been collected by the party after being notified for 30 days still fails to be disposed of three months after the announcement, the detained vehicle shall be disposed of according to law. "
(III) Legal analysis of the time limit for traffic police to detain vehicles According to the basic principle of administrative law, "administration according to law", the behavior of traffic police to detain vehicles and the time for detaining vehicles must comply with the law. Traffic police can detain vehicles only under the circumstances stipulated by law. Only under the circumstances stipulated by law can the traffic police detain the vehicle within the legal time limit. According to the Road Traffic Safety Law enacted by the National People's Congress, traffic police can only detain vehicles in order to collect evidence. This is a legitimate reason for the traffic police to detain the vehicle. In addition, anyone's property right is sacred and inviolable, and the traffic police may not detain it by virtue of administrative power.
(4) The Measures for Implementing the Road Traffic Safety Law of the People's Republic of China in Hunan Province (hereinafter referred to as the "Measures") shall be implemented on September 1 day, 2006. Hunan traffic police can detain accident vehicles in the process of handling traffic accident compensation, and its law enforcement basis is stipulated in Article 35 of the Measures: "If a traffic accident causes casualties and property losses and cannot be settled in time, the party liable for compensation or the owner of the accident vehicle shall provide effective guarantee; If it is not provided, the traffic administrative department of the public security organ may detain the relevant accident vehicles according to the needs of traffic accident handling. The traffic management department of the public security organ shall properly keep the detained accident vehicles and handle them in accordance with relevant state regulations. "
Second, how long will the car be detained in the event of a traffic accident?
After a traffic accident, the traffic police shall conduct an inquest and inspection on the scene of the accident, and may detain the accident vehicle for the need of collecting evidence, but the detention period is not specified. However, the traffic administrative department of the public security organ shall, within five days from the date of determining the conclusion of inspection and appraisal according to law, notify the parties concerned to collect the detained accident vehicle, motor vehicle driving license and detained articles.
Then, another question came out. What is the time limit for inspection and appraisal? The traffic administrative department of the public security organ shall agree with the inspection and appraisal institution on the time limit for completing the inspection and appraisal, and the agreed time limit shall not exceed 20 days. For more than twenty days, it shall be reported to the traffic administrative department of the public security organ at the next higher level for approval, but the longest period shall not exceed sixty days. In other words, the longest period of inspection and evaluation shall not exceed 60 days.
However, the other party has the right to apply for re-examination and appraisal. If a party has any objection to the conclusion of the inspection and appraisal, it may apply for re-inspection and appraisal within three days from the date of service by the traffic administrative department of the public security organ, and the re-inspection and appraisal shall be carried out after the approval of the person in charge of the traffic administrative department of the public security organ at the county level. The reinspection and appraisal shall be entrusted to an inspection and appraisal institution or appointed by the original inspection and appraisal institution. The traffic administrative department of the public security organ shall, within two days from the date of receiving the re-examination appraisal report, deliver a copy of the re-examination appraisal report to the parties concerned. Re-inspection and appraisal are limited to one time. That is, if the parties are not satisfied with the conclusion of inspection and appraisal, they may apply for another inspection and appraisal. In this case, the inspection and evaluation time may take more than 60 days.
We know that after a traffic accident, the traffic police department should first organize the rescue of the injured, and take measures to restore traffic as soon as possible, and at the same time investigate the cause of the accident, conduct an inquest and inspection on the scene, and collect evidence. Therefore, due to the complexity of the case and the uncertainty of the inspection and appraisal time, we believe that when to release the car after a traffic accident cannot be generalized, only that the traffic police department should notify the parties to collect the vehicle and other seized items within five days from the date of the conclusion of the inspection and appraisal.
The above is Bian Xiao's detailed answer about how to get back the detained car when someone is injured in a traffic accident. If someone is injured and his car is detained after a traffic accident in China, it can be calculated according to the required time, which will not exceed two months at the latest. If you have any other questions, please visit the Find Law website to consult a professional lawyer.
Legal objectivity:
Provisions on procedures for handling road traffic accidents
Article 40
If the party concerned is suspected of committing a crime, the traffic administrative department of the public security organ may, due to the need of collecting evidence, seize the articles and certificates related to the accident, such as the motor vehicle driver's license, in accordance with the Criminal Procedure Law of People's Republic of China (PRC) and the Procedural Provisions of Public Security Organs for Handling Criminal Cases, and issue the seizure legal documents in accordance with the regulations. The seized articles shall be properly kept. The motor vehicle driver's license, other articles and certificates seized as evidence shall be transferred with the case, and a list of transfer with the case shall be made in duplicate, one for retention and one for the people's procuratorate. If the physical object is not suitable for transfer, the list, photos or other supporting documents shall be transferred with the case. After the people's court makes an effective judgment, it shall handle it according to the notice of the people's court.