Traffic accidents are actually very common in our lives. Due to the development of modern transportation, there are also many cars on the road. Some people know how to write a traffic accident indictment.
How to write the indictment for traffic accident? Reference 1 1. What is the content of the traffic accident complaint?
A complaint is a written statement made by a private prosecutor in a criminal private prosecution case or a plaintiff in a civil or administrative case to the people's court against the defendant. Citizens, legal persons or other organizations shall submit a complaint to the people's court. Complaints are also called "complaints". Refers to the documents that citizens or legal persons bring a lawsuit to the people's court because their legitimate rights and interests are infringed. According to the nature and purpose of litigation, the indictment can be divided into three categories: civil indictment, administrative indictment and criminal indictment. The complaint shall include the following contents:
(1) Basic information of the parties. Citizens shall specify their name, gender, age, nationality, work unit, position, address and contact information; The legal person shall specify the full name, domicile, name and position of the legal representative, name and position of the entrusted agent, and the lawyer shall specify the law firm where he is located;
(2) Having specific and clear opinions;
(3) Having the facts and reasons on which the prosecution is based;
(4) Evidence and sources of evidence;
(5) The signature and seal of the parties and the date of signature.
Second, the format and content
Plaintiff: _ _ _ _ _ _
Defendant: _ _ _ _ _ _
Claim: _ _ _ _ _ _ _ _ _ _ _
Facts and reasons: _ _ _ _ _ _ _ _ _ _ _
Evidence and source, name and address of witness: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I am here to convey
_ _ _ _ _ People's Court
Prosecutor:
Date, year and month
Attachment: A copy of this complaint.
Note: This complaint form can also be applied to citizens' economic litigation.
The parties have the responsibility to provide evidence for their claims. The evidence shall be submitted to the original or original. If the evidence materials are written in carbon paper, pure blue ink or ballpoint pen, a copy shall be attached when providing the original. When submitting documentary evidence to the court, the parties concerned shall fill in a list of evidence in duplicate, specifying in detail the name and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file. In addition, the same number of copies as the number of defendants should be provided.
In the complaint of no casualties in traffic accidents, it is important to explain the causes, consequences and no casualties of traffic accidents. Under normal circumstances, it is necessary to clearly explain the criminal facts of the defendant's violation of road traffic safety laws and regulations and put forward his own opinions. In addition, it is necessary to provide the judicial organs with their own reasons and evidence to support their claims.
How to write the indictment for traffic accident? Reference 2 What are the contents of traffic accident complaint?
(1) Plaintiff
The plaintiff is the right holder of compensation, and the injured person himself is the injured person in the accident. According to the identity information of the injured, indicate the date of birth, gender, nationality, work unit, address and mailing address. If the unit property is damaged, the property owner is the plaintiff.
In a fatal accident, the right holder of compensation is the legal heir of the deceased, that is, parents, spouses and children are plaintiffs, and the date of birth, gender, nationality, work unit, address and mailing address are indicated respectively according to identity information.
(2) the defendant
The defendant is the obligor for compensation.
In the first case, first of all, when the owner of the vehicle driven by the driver is the same as the driver, the driver is the defendant, and the date of birth, gender, nationality, work unit, address and mailing address are also indicated according to his identity information.
Secondly, if the vehicle involved in the accident has been insured with the insurance company for motor vehicle third party liability insurance, and the insurance company is also the defendant, it is listed as the defendant according to the name stamped by the insurance company on the insurance policy or insurance card, indicating the domicile of the insurance company.
In the second case, when the owner of the vehicle driven by the accident driver is not the same person as the accident driver, the accident driver is listed as the defendant, and the date of birth, gender, nationality, work unit, address and mailing address are stated according to the identity information, and the vehicle owner is also the defendant. If the owner is an individual, the date of birth, gender, nationality, work unit, address and mailing address shall also be stated according to the identity information.
If the owner is a unit, the unit should also be listed as the defendant, indicating the domicile of the unit. Similarly, if the vehicle involved in the accident has been insured with the insurance company for motor vehicle third party liability insurance, the insurance company is also the defendant, and it is listed as the defendant according to the name stamped by the insurance company on the insurance policy or insurance card, indicating the domicile of the insurance company.
(3) Claim
Need specific and clear litigation request, specific items can be found in the traffic accident calculation table in the litigation guidance column of this site.
(4) Facts and reasons
You can write according to the accident facts identified by the traffic police department or the facts you know. At the same time, it States the facts that need to be explained, such as the identification of the accident by the traffic police department, the handling of the injured party, the property loss, the compensation of the accident party after the incident, and the insurance of the third party liability insurance for the accident vehicle.
(5) Signature
The place where the complaint is written shall be signed or sealed by the right holder of compensation, and if it is an injury accident, it shall be signed by the injured person; If it is a fatal accident, it shall be signed by the parents, spouses and children who are the heirs of the deceased; If the unit is the plaintiff, it will be sealed by the unit.
Article 12 1 of the civil procedure law: complaint
The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
How to write a model essay on a traffic accident complaint? 1. The procedure for prosecuting traffic accident claims is as follows.
(a) to obtain a copy of the driver's license, driving license and insurance certificate from the traffic police force.
(two) submit the basic information of the unit to the industrial and commercial bureau and the website.
(3) preparing a civil complaint and submitting the complaint to a court with jurisdiction.
Second, how much is it to find a lawyer to write a complaint?
The fees charged by lawyers for writing complaints vary from place to place. Measures for lawyers' fees shall be formulated by the competent price department of the State Council in conjunction with the judicial administrative department of the State Council.
law of advocate
Article 28 A lawyer may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Fifty-ninth measures for lawyers' fees shall be formulated by the competent price department of the State Council in conjunction with the judicial administrative department of the State Council.
3. What materials are needed for traffic accident claims?
The materials needed for traffic accident claims include the injured person's ID card, household registration book, road traffic accident certificate, traffic accommodation bill, etc. Traffic accident compensation is paid by the insurance company within the liability limit of compulsory motor vehicle third party liability insurance; For the insufficient part, the party at fault shall be liable for compensation.