What rights do traffic accident parties have? How to apply for disability assessment after a traffic accident?

Road traffic is no small matter, and safe travel depends on everyone. If you accidentally get into or encounter a traffic accident, don't panic. It is necessary to learn some relevant knowledge about road traffic accidents. Today's article mainly shares with you what rights the parties involved in a traffic accident have, how to apply for disability assessment after a traffic accident, and how long the nursing period for a traffic accident is. I hope everyone will have the awareness of safe travel.

Contents of this article

1. What rights do the parties involved in a traffic accident have?

2. How to apply for disability assessment after a traffic accident

3. How long is the nursing period for traffic accidents?

4. What is the role of the traffic accident identification certificate?

What rights do people involved in a traffic accident have?

The rights of the parties involved in a traffic accident include:

1. If you are dissatisfied with the inspection or appraisal, you have the right to apply for re-inspection or appraisal or to entrust an inspection, appraisal or evaluation on your own.

2. Have the right to request staff to recuse themselves.

3. The parties involved in the accident have the right to appeal and apply for reconsideration of the administrative penalties imposed by the public security traffic management authority.

4. When the parties involved in an accident believe that the specific administrative actions of the traffic management department of the public security agency have infringed upon their legitimate rights and interests, they have the right to initiate administrative litigation.

According to the "Procedures for the Public Security Organs to Handle Administrative Cases", if traffic police or inspection and appraisal personnel of public security organs need to recuse themselves, the decision shall be made by the head of the traffic management department of the public security organ at the same level. If the head of the traffic management department of a public security organ needs to recuse themselves, the decision shall be made by the head of the public security organ or the head of the traffic management department of the public security organ at the next higher level.

How to apply for disability assessment after a traffic accident

If a party is disabled due to a traffic accident, after the treatment is completed, the degree of disability shall be assessed by a qualified disability assessment institution. The disability assessment institution may be assigned or commissioned by the traffic management department of the public security organ, or may be commissioned by the party concerned.

Traffic accident disability appraisal letter of entrustment process:

1. The person to be assessed (the injured person) needs to bring the above information and go to a qualified assessment agency in person to apply for assessment of the road traffic accident disability level, secondary surgery fee, loss of work expenses, nutrition period, and other related items. (The assessment fee is charged according to the item)

2. Submit all original materials to the appraisal department staff, pay the relevant appraisal fees, leave contact information, wait for the appraisal agency to notify you by phone, make an appointment, and go to the appraisal agency for appraisal accompanied by the family of the person to be appraised. (If the timing of the appraisal is feasible, the first and second steps can be carried out at the same time if agreed in advance)

3. Wait for the appraisal results. (Depending on the situation, complex cases will generally be appraised three times by multiple expert groups)

How long is the nursing period for a traffic accident?

The nursing period shall be calculated until the victim regains the ability to take care of himself. If the victim cannot regain the ability to take care of himself due to disability, a reasonable nursing period may be determined based on factors such as his age and health condition, but the maximum period shall not exceed 20 years. If the determined nursing period is exceeded and continued nursing is required, the victim may sue the people's court for continued payment of nursing fees, and the court shall order the obligor to pay the relevant fees for 5 to 10 years based on the case.

Article 1179 of the Civil Code: If a person infringes upon another person and causes personal injury, he shall compensate for the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food allowance, and income lost due to work delays. If a person is disabled, he shall also compensate for the cost of assistive devices and disability compensation; if a person dies, he shall also compensate for funeral expenses and death compensation.

What is the role of traffic accident identification?

The functions of the traffic accident certificate are:

1. Facilitate the handling of traffic accidents and prevent the expansion of conflicts and disputes.

2. Timely and fair determination of traffic accident liability is conducive to effectively safeguarding the rights and interests of both parties.

【Legal basis】

Article 62 of the Regulations on the Procedures for Handling Road Traffic Accidents: The traffic management department of the public security organ shall prepare a road traffic accident identification certificate within ten days from the date of the on-site investigation. In the case of hit-and-run, a road traffic accident identification certificate shall be prepared within ten days after the vehicle and driver causing the traffic accident are seized. For those that require inspection and appraisal, a road traffic accident identification certificate shall be prepared within five days from the date when the inspection report and appraisal opinion are determined.

Local public security traffic management departments where conditions permit may try to publish road traffic accident identification reports on the Internet, but any state secrets, commercial secrets or personal privacy involved must be kept confidential.