Big car for small car, right people go wrong – What does the Traffic Police Department say?

In the past few days, social networks have stirred up debates about the driver involved in the traffic accident, which was determined to be not at fault, but the vehicle was still impounded so that the parties could agree to compensate for the damage and obtain a license. Claims of the families of the deceased/injured will be returned to the vehicle.

There is a case that gives evidence that a family member of this man, driving a car, collided with a motorbike, causing the death of the motorcyclist. Although the police agency determined that it was not at fault, the car driver still had to pay a large amount of money to the victim’s family so that they could write a complaint before he could get the car back.

To clarify this issue, lawyer Ta Anh Tuan – Head of the Law Office of Bach Gia Luat and the Joint Venture (Hanoi Bar Association) – said that currently, traffic accidents in general are now solved. decided according to Circular No. 63/2020/TT-BCA dated June 19, 2020 of the Ministry of Public Security.

Accordingly, when an accident occurs, first of all, the traffic police unit competent to receive and process information about the incident will send traffic police officers to the scene of the accident, protect the scene, and analyze the incident. traffic flow, avoiding congestion, serving the scene examination; temporarily impound the means of transport, examine the means of transport causing the accident; record the testimonies of the vehicle driver/accident and the testimonies of others related to the traffic accident…

For an agreement to compensate for damage in a traffic accident, including loss of life and property (damaged means of transport), in principle, the damaging party and the injured party agree to each other. on the level of compensation for loss of life, health and property.

If the two parties cannot come to an agreement, one of the parties has the right to request a competent court to settle in accordance with the provisions of the Civil Code and relevant documents.

The impoundment of means of transport in a traffic accident is for the purpose of ensuring the investigation and verification of the cause of the accident, whose fault is on that basis to determine administrative responsibility or criminal liability of the parties.

In addition to the above purpose, the impoundment of means of transport is not considered as a measure of property security to force the parties involved to perform the obligation to compensate for damage caused by their fault in the traffic accident. communication” – lawyer Tuan analyzed.

“There is no such thing as a big car for a small car”

Regarding the above issue, a representative of the Traffic Police Department – Ministry of Public Security said that Circular 63 clearly stipulates the “seizing and handling of material evidences, means, permits, practice certificates and temporary hold road vehicle drivers involved in traffic accidents for investigation and verification according to administrative procedures”.

Specifically, in Article 10, Circular 63, the time limit for impounding vehicles related to the traffic accident is not more than 7 days from the date of temporary seizure. In case there are many complicated circumstances that need to be verified, the functional force may extend the detention time twice, but the total time of temporary detention must not exceed 60 days.

In particular, the representative of the Traffic Police Department emphasized, after finishing the vehicle inspection, determining that the vehicle driver is not at fault and has not violated other provisions of the law, the means of transport must be returned. immediately to the vehicle owner or operator.

“It is strictly forbidden to keep the means of transport of the parties involved in the traffic accident as a basis for settlement of compensation,” – the representative of the Traffic Police Department cited point dd, Article 10, Circular No. 63 and affirmed, there is no need to have a complaint filed by the family of the injured/dead person, the correct vehicle owner will be returned to the seized vehicle.

According to a representative of the Traffic Police Department, for fatal accidents, the police investigation agency of the district or province/city will investigate according to its competence.

“In principle, in any traffic accident, whether there is a death or not, the functional forces will consider the consequences and guilt in the incident.

The functional forces will consider who caused the fault or the mixed fault or the self-inflicted accident, thereby serving as a basis for handling the case,” a representative of the Traffic Police Department said and affirmed that the police agency would investigate and do the work. It is clear, so there is no such thing as a big car that has to pay for a small car or that the right person has to pay for the wrong one.

According to dantri.com.vn