CH
OA

Managing Traffic Accidents and their Deadlines

By:Date:2016-05-17

In managing with traffic accidents, we will normally face many time restrictions, relevant authorities must deal with traffic matters by the deadline as set out by the law. Parties involved must also apply within the time limit, once the deadline is over, relevant authorities will no longer deal with the matter, and relevant parties will be unable to secure their interests.

I Processing Time Period for Detained Vehicles

According to [Traffic Laws] Clause 72 subclause 2, traffic police will inspect and collect evidence during a traffic accident, if needed they can also detain vehicles, the vehicles will be safely kept for verification purposes.

(i) 5 days (to allocate professionals to inspect and authenticate) + 20 days + 10 days (inspection and authentication should be done within 20 days, relevant traffic management authorities can agree to postpone 10 days if needed) + 5 days (to inform relevant parties to collect their cars and license) = 40 days in total
(ii) 10 days for vehicles that do not need inspection an authentication

II Processing Time Period for Withheld Vehicles

Traffic authorities shall produce vehicles in order to withhold motor and non-motor vehicles. Relevant parties shall be notified (within 30 days) and appear before the authorities to accept penalties. 

III Processing Time for Investigations & Authentications

For vehicles that needs inspection and authentication, the relevant traffic management authorities will do all relevant matters within 3 days from the day of the accident. Permission from higher traffic management authorities is needed if the time limit has lapsed. Autopsy should be entrusted within 3 days of death.

Investigation and authentication should be done within 20 days, permission from higher traffic management authorities are needed for matters more than 20 days, however should be less than 60 days regardless.

The traffic authorities will send investigation and authentication results to relevant parties within 2 days after they have received the results.

If the relevant parties have complains for the result of the investigations or authentication, they can appeal within 3 days. New investigations can be done with the approval of county police department.

IV Time Limit for Accident Official Letters

Traffic Authorities shall construct an Official Letter consisting of whether anyone was injured or dead, a clear recount of what actually happened. They could also mediate on the damages. For complex traffic accidents, 
(i) 10 days for the Official Letter after investigation of the scene;
(ii) 10 days for Official Letter if involving a hit-and-run accident;
(iii) 5 days for Official Letter for re-investigation after the receiving the results of the original investigation;
(iv) 10 days for Official Letter including the accident location, date, persons involved, damages involved in the situation that the hit-and-run personnel or car could not be found.

For matters that are impossible to instigate and verify, the traffic authorities should state the location, time, persons involved in clarity and send it to the relevant persons.

V Time Limit for Reviews

If parties have objections, they can appeal for reviews within 3 days of the traffic accident.

Traffic authority will decide whether to allow the appeal within 5 days.

Traffic authorities will make a new decision within 30 days after the appeal is allowed.

Traffic authorities will announce results of the new decision after having reached a decision, appeals are only allowed once.

VI Time Limit to Call Police

Traffic authorities have 3 days to decide whether to deal with the traffic matter if parties did not call the authorities immediately after the traffic accident. Parties should provide all relevant evidence to the relevant authorities within 10 days.

VII Time Limit to Deal with Corpses

For fatal traffic accidents, relatives should be contacted to make funeral arrangements within 10 days of the autopsy results. Relevant authorities will deal with the bodies if no one were to deal with it.

For unidentified bodies, an obituary should be made in the newspapers of that city. Relevant authorities will deal with the body in the event of no response after 10 days after publishing of the obituary. 

VII Time Limit to Assess Injuries & Disabilities 

According to Road Traffic Accidents Management, for traffic accidents that causes injuries and disabilities, they can apply for injury assessments within 15 days after the end of their treatment. Relevant authorities will access the injuries according to standards within 30 days of receiving the application for assessment. 

If there are any objections to the assessment, they can appeal within 15 days for a re-assessment. Relevant authorities will make a new decision within 30 days after receiving the appeal.

IX Time Limit for Damages Conciliation 

Claimants and Respondents, who wants to apply to the authorities for conciliation for damages, shall apply within 10 days, and come up with a conciliation letter within 8 days.

The relevant authorities will notify the parties of the time and location of the reconciliation three days before the conciliation. 

The time limit for traffic accident damages is 10 days.

For fatal accidents, it should start immediately after the funeral.

For injury causing accidents, it should start immediately after the end of the treatment.

For damages causing accidents, it should start on the day the damages start.

X Time Limit for Penalties

According to Road Traffic Accidents Management, penalties will be imposed based on traffic violations. Revocation of driving license should not be more than 18 months, and should be calculated on the day it is revoked. Even if the accident case has not came to an end after the end of the revocation date, the license should still be returned nevertheless.

If the party is not satisfied with the penalty, appeals must be made within 15 days. The relevant authorities will make a new decision within 30 days. If the party is still not satisfied, appeal to the Court should be made within 15 days.

XI Traffic Accident Litigation Deadline

For accidents that cause injuries, disabilities, or death, litigation should be done within a year, for damages causing accidents; litigation should be done within 2 years. For accidents that cause both injuries and damages, litigation should be counted separately. 

XII Trial Period for First Trial

Court processes are normally divided into normal procedure and simple procedure. For normal procedures, trial should be completed within 6 months. For simple procedures, trial should be completed within 3 months. For normal traffic accidents, the Courts would normally use the simple procedure. Hence the first trial will normally end within 3 months from the day the case is filed.

XIII Trial Period for Second Trial

For Appeals, trial period is 3 months, with approval from the chief judge, it can be extended for a further 3 months.

XIV Time Period for Compulsory Execution 

Compulsory executions normally last 2 years, calculated from the last day that the conditions should be fulfilled. 

Perform deadline: should be done within 6 moths the case is filed.

Ganus’Value:Since dispute itself means each side sticks to their argument, it is possible that the other side might win.

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