Beijing Han Zhuo firm

Zhao Hu lawyer

Compared with the major traffic accidents, how can get full compensation, in place of the injured party is most concerned about the issue, and the preservation of the accident vehicle is the guarantee of the injured party will eventually pay a very effective legal measures.

Under normal circumstances, after the occurrence of major traffic accidents, traffic would need for collecting evidence to detain accident vehicle. But according to the "Regulations" provisions of the road traffic accident: "within five days of testing, identification of the conclusions to determine the date, the traffic control department of the public security organ shall notify the party concerned to receive the accident vehicle, motor vehicle driving permit and detained the seized items." Therefore, the party should be in the traffic police department made traffic accident responsibility but not to notify the parties concerned for the accident vehicle when, in a timely manner to the court for property preservation before litigation, request the people's court to detain the vehicle accident.

Property preservation before litigation to the court to the accident vehicle detention. Taking Beijing as an example, apply to the court for a pre litigation preservation need the following materials: application for property preservation before litigation, 1; 2, the identity certificate of the applicant, the applicant is not the victim to prove the relationship between the applicant and the additional victims; 3, by the applicant's identity; 4, the accident vehicle ownership certificate; 5, "traffic accident the responsibility confirmation"; 6, the equivalent guarantee, if it is based on other people's property as a security requirement others write letter of guarantee.

Application for pre-trial preservation to prevent wrong preservation, because if the preservation of error, the applicant shall compensate the respondent for the preservation of property loss. The driver is the owner, or the driver belongs to the post behavior or employment relationship, the general owners also have to compensate the loss of duty. However, if the driver is not the owner, driver behavior does not belong to the duty behavior also did not have the employment relationship, the owner is generally not bear civil liability. But the accident vehicles belonging to the owners of all, if the security accident vehicle, causing loss to the owners of the applicant needs to compensate.

After the court accepting the application, make the decision within forty-eight hours. Order to adopt property preservation measures, it shall be executed immediately. The applicant needs to take security measures in the court within fifteen days after the expiration of a lawsuit, no prosecution, the court will rescind.