Traffic accidents may cause personal injury or property damage. Those who cause personal injury can undergo disability appraisal, and those who cause property damage (usually vehicle damage) can also undergo appraisal. So who will bear the cost of vehicle appraisal for traffic accidents? Lawyer 365 editor will provide you with a detailed introduction.
The current common practice of the traffic police department is to have the vehicle owner bear the "vehicle technical appraisal fee" and "vehicle storage fee", and not to collect the vehicle without paying the above-mentioned fees. However, the above actions of the traffic police department are completely in violation of legal regulations.
1. Regarding "Vehicle Technical Appraisal Fees"
According to Article 84 of the "Regulations on the Procedures for Handling Administrative Cases by Public Security Organs", "the appraisal fees shall be borne by the public security organs, except for those appraised by the parties themselves". Therefore, after a traffic accident occurs, the technical appraisal fees of the vehicle shall be borne by the public security organs and shall not be related to the owner of the vehicle involved in the accident.
In addition, according to Article 25 of the Administrative Compulsory Law of the People's Republic of China, "For items that require testing, inspection, quarantine, or technical appraisal, the period of seizure or detention does not include the period of testing, inspection, quarantine, or technical appraisal. The period of testing, inspection, quarantine, or technical appraisal shall be clearly defined and the parties shall be informed in writing. The costs of testing, inspection, quarantine, or technical appraisal shall be borne by the administrative organ." The relevant appraisal and testing costs shall also be borne by the public security organ.
2. Regarding 'Vehicle storage fees'
According to Article 26 of the Administrative Compulsory Law of the People's Republic of China, "the storage costs incurred due to seizure or detention shall be borne by the administrative organ." Therefore, the storage costs incurred after the seizure of the vehicle shall also be borne by the public security organ, and the vehicle owner does not need to bear this part of the cost.
3. Regarding the detention time
Article 44 of the Regulations on the Procedures for Handling Road Traffic Accidents stipulates that within five days from the date of determination of the inspection and appraisal conclusion, the traffic management department of the public security organs shall notify the parties to collect the detained accident vehicles, motor vehicle driving permits, and confiscated items.
Article 25 of the Administrative Compulsory Law of the People's Republic of China stipulates that the period for sealing up or impounding shall not exceed 30 days; For complex situations, with the approval of the head of the administrative agency, an extension may be granted, but the extension period shall not exceed thirty days.
After a traffic accident occurs, the parties involved usually assess the damage they have suffered. Understanding the "vehicle technical appraisal fees", "vehicle storage fees", and seizure time can help the parties better protect their rights, avoid being deceived, and minimize the occurrence of "unjustified money".
