First, is the accident certificate in traffic accidents legally valid?
The accident certificate in the traffic accident is legally valid; The identification of traffic accidents is a technical conclusion made by the public security traffic management department after analyzing the basic facts, reasons and responsibilities of the parties through on-site investigation, technical analysis and relevant inspection and appraisal conclusions of traffic accidents. This conclusion is not binding and mandatory.
According to the Road Traffic Safety Law of the People's Republic of China, the traffic accident certificate is a kind of evidence. As evidence, the parties may question the authenticity, reliability and scientificity of the traffic accident certificate, and the court shall examine its validity and probative force according to the rules of evidence. If there are other evidences that are clearly wrong, the court should not accept the evidence, but should take the facts identified by itself as the basis for deciding the case.
2. What should be written in the traffic accident certificate?
The traffic accident certificate shall include the following contents:
(a) the basic information of the parties to the road traffic accident, vehicles, roads and traffic environment;
(2) The course of the road traffic accident;
(3) Evidence of road traffic accidents and analysis of accident causes;
(four) the fault and responsibility of the parties to the road traffic accident or the cause of the accident;
(five) the name and date of the traffic management department of the public security organ that made the road traffic accident identification.
The nature of the traffic accident certificate is civil evidence, which belongs to documentary evidence in terms of the types of evidence. If there is any objection to the traffic accident certificate, it can be used in traffic.
Within three days after the service of the accident certificate, the superior traffic police department that made the traffic accident certificate shall apply for review. Because the act of making a traffic accident certificate is an act of proof and does not belong to a specific administrative act. Therefore, if you have any objection to the traffic accident certificate, you cannot apply for administrative reconsideration or bring an administrative lawsuit against the traffic accident certificate. We can only urge the court not to accept the traffic accident certificate by applying to the superior traffic police department for re-making the traffic accident certificate or by dividing the burden of proof in court.
To sum up, the traffic accident certificate is the conclusion of the public security department's inspection of the accident site, and it is the most important lease certificate in handling this accident; As long as the responsibility certificate comes out, we can determine what the responsibilities of both parties are. So as long as the conditions are met, the certificate can be determined to be valid.