A case of judicial practice status

Traffic police because of the need to collect evidence, to detain the vehicle accident, shall entrust the relevant appraisal institution within 5 days, to complete the identification authentication institution shall within 20 days after approval, can also be extended for 10 days, the 30 day, the identification is completed, shall within 5 days upon the owner, so, the traffic police to detain accident vehicles in general 30 to 40 days.

In theThe actual law enforcement,Many police departments in the "need for collection of evidence" and detain the vehicle accident, is still illegal extended detention of vehicles, if the accident deposit car must pay a certain amount of. At the same time, in practice there still, with "individual traffic accident vehicle on evidence collection" detain the vehicle accident reason, even the term free to extend the detained vehicle.

In practice, the party does not pay the deposit is unable to lift the car, had no choice but to put the car back pressure.

Two, lawyers say

1, the traffic police because of the need to collect evidence, to detain the vehicle accident.

The premise is "buckle car for inspection, identification of needs",Therefore, once on the scene after the accident vehicle is detained, must carry on the inspection of vehicle accidents, traffic police to "collect evidence" as the reason for the extended buckle car is illegal.

The law enforcement vehicles temporarily can only be based on "inspection vehicle". When there is no need for inspection and appraisal, can not be forcibly detain the vehicle accident.

Premise 2, buckle car.

The premise buckle car has two, one is not to provide guaranty shall be provided, another is the need to deal with the accident, the two conditions are required to have. To deal with the accident, is mainly to protect the legitimate rights and interests of the victim of the accident. The case whether to buckle car, according to the specific circumstances of the case. If the damage liability in the victim was a party, and the victim injurer Department colleagues and friends or fellow villagers, the loss is small and the value with the motor vehicle is significantly lower than the other does not need to buckle car.

Three,Response measures

1,As the vehicle fault, if the vehicle is detained, the traffic police department is unable to provide the security, do not agree to the traffic police mediation.

The traffic accident scene investigation time, not more than 10 days, you need a traffic accident report. May request the traffic police mediation within 10 days from the day of the receipt of confirmation. If no mediation, the traffic police department 20 days basically have "settle" accident case, there is no reason to continue to hold.

Need to test the traffic accident, three days need to delegate identification on the spot investigation at the end of the day, the identification time is generally not more than 20 days, with the approval of a sector, can be extended to 60 days, need the certificate issued by the accident within five days in the inspection, appraisal conclusion to determine the day, plus 10 days a mediation application time, generally not more than 48 days time.

2,As the victim, when the motor vehicle fault party refused to the traffic police mediation, should be timely to the court for property preservation.