In relatively serious traffic accidents, how to obtain adequate and adequate compensation is the biggest concern of the victim, and preserving the accident vehicle is a very effective legal measure to ensure that the victim can eventually receive compensation.

Under normal circumstances, after a major traffic accident, the traffic team will detain the accident vehicle for the purpose of collecting evidence.

However, according to the "Regulations on the Handling of Road Traffic Accidents": "Within five days from the date when the inspection and appraisal conclusions are determined, the traffic management department of the public security organ shall notify the parties concerned to collect the impounded accident vehicles, motor vehicle driving licenses and impounded items." Therefore,

When the traffic police department determines responsibility for the traffic accident but has not notified the parties to collect the accident vehicle, the victim should promptly apply to the court for pre-litigation property preservation and request the people's court to detain the accident vehicle.

Pre-litigation property preservation must be submitted to the court where the accident vehicle was impounded.

Taking Beijing as an example, applying to the court for pre-litigation preservation requires the following materials: 1. Application for pre-litigation property preservation; 2. Proof of identity of the applicant. If the applicant is not the victim, proof of the relationship between the applicant and the victim must be attached; 3.

Identity certificate of the respondent; 4. Proof of ownership of the accident vehicle; 5. "Traffic Accident Responsibility Determination Letter"; 6. Guarantee of equivalent value, if the property of another person is used as a guarantee, a guarantee letter written by another person is required.

When applying for pre-litigation preservation, it is necessary to prevent preservation errors, because if the preservation is wrong, the applicant will have to compensate the respondent for the losses suffered due to property preservation.

If the driver responsible for the accident is the owner of the vehicle, or the driver responsible for the accident is engaged in official duties or has an employment relationship, the vehicle owner generally also has the obligation to compensate the victim for his losses.

However, if the driver responsible for the accident is not the owner of the vehicle, the driver's behavior does not belong to his duties, and there is no employment relationship, the vehicle owner is generally not liable for civil compensation.

The accident vehicle belongs to the owner. If the accident vehicle is preserved, the applicant who caused losses to the owner needs to compensate.

After the court accepts the application, it will make a decision within 48 hours.

If a ruling is made to take property preservation measures, they shall be implemented immediately.

The applicant needs to file a lawsuit within fifteen days after the court takes preservation measures. If the applicant does not file a lawsuit within the expiration date, the court will terminate the preservation measure.

Can property preservation measures be taken for vehicles involved in traffic accidents? On May 1, 2004, the "Road Traffic Safety Law of the People's Republic of China" officially came into effect.

The "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" also came into effect on the same day, the "Regulations of the People's Republic of China on Road Traffic Management", "Measures for Handling Road Traffic Accidents" and "Regulations of the Supreme People's Court and the Ministry of Public Security"

"Notice on Issues Related to Handling Road Traffic Accident Cases" (Fafa [1992] No. 29) was abolished at the same time.

Although the new law has been implemented for many years, the trade-offs and changes between old and new laws and regulations, and the new concepts advocated by the law have not yet been accepted by most people, causing civil trials of road traffic accidents to encounter many problems and difficulties.

For example, many people do not understand the issue of whether litigation preservation measures can be taken for vehicles involved in traffic accidents. They do not know how to choose the parties and do not understand which vehicles can be subject to litigation preservation measures. Instead, they mistakenly believe that the court will preserve the accident vehicles because they have a special relationship with the judge.

, not only affects the good image of the People's Court's fair administration of justice, but also causes many unnecessary petitions and complaints, triggers social conflicts and affects social harmony.

The author plans to start with the changes in the old and new laws, analyze the legal conditions for property preservation, promote new legal concepts, and strive for the understanding and support of the general public.

1. Legal Conditions and Legal Basis for Property Preservation Property preservation refers to various legal measures taken by the People’s Court against the disputed property or property related to the case before the commencement of litigation or after the commencement of litigation in order to ensure the smooth execution of future judgments.

A general term for mandatory protective measures.

The purpose of establishing property preservation procedures is to ensure that future effective judgments issued by the people's court can be fully and smoothly implemented by limiting the respondent's right to dispose of the subject matter of the dispute or its property, thereby maintaining the authority of the effective judgment and effectively protecting the winning case.

the legitimate rights and interests of both parties.

When a people's court accepts a property preservation case, it generally has to examine the following conditions: First, the party concerned must file an application.

Article 92 of the Civil Procedure Law stipulates that in cases where the judgment may be impossible or difficult to execute due to the behavior of one party or other reasons, the people's court may make a ruling on property preservation based on the application of the other party.

Article 93 stipulates that if an interested party fails to immediately apply for property preservation due to urgent circumstances, which will cause irreparable damage to its legitimate rights and interests, it may apply to the People's Court for property preservation measures before filing a lawsuit.

Of course, under special circumstances, if the parties concerned do not file an application, the people's court may also rule to take property preservation measures when necessary.

Secondly, the applicant must provide a guarantee.

Article 92 of the Civil Procedure Law stipulates that when the people's court adopts property preservation measures, it may order the applicant to provide a guarantee; if the applicant fails to provide a guarantee, the application shall be rejected.

Article 93 stipulates that the applicant shall provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected.

Third, the purpose of property preservation is to prevent irreparable damage to the legal rights and interests or to prevent the judgment from being impossible or difficult to execute due to the behavior of one of the parties or other reasons.