Can the Other Party Still Use the Vehicle After It Has Been Preserved?
2 Answers
After a vehicle has been preserved, the other party cannot continue to use it. According to the relevant provisions of the "Supreme People's Court's Regulations on Several Issues Concerning the Handling of Property Preservation Cases by People's Courts," the People's Court shall adopt methods such as freezing, sealing, or seizing when preserving property. Therefore, the vehicle cannot be used after it has been preserved. Vehicle Preservation: Vehicle preservation is a compulsory restriction measure taken to ensure the effectiveness of future judgments and avoid property losses. The People's Court may, based on the application of the other party, rule to preserve the property, order certain actions, or prohibit certain actions in cases where the judgment may be difficult to enforce or cause other damages to the parties due to the actions of one party or other reasons. Important Notes: In major traffic accidents, how to obtain full and adequate compensation is the most pressing concern for the victim's side. Preserving the accident vehicle is a very effective legal measure to ensure that the victim's side ultimately receives compensation. Generally, after a major traffic accident, the traffic police will detain the accident vehicle for the purpose of evidence collection.
After my car was involved in an accident and put under preservation, the insurance agent directly stated that the other party absolutely cannot drive that car away, because preservation is meant to prevent unauthorized movement of the vehicle and ensure the integrity of the accident investigation. From my experience, during the preservation period, the vehicle must be parked in place or stored in a designated area, with the keys handed over and locked away. If the other party uses the car and something goes wrong again or evidence is tampered with, the insurance company will refuse to pay. I’ve checked the regulations myself, and this situation is clearly stipulated in road traffic laws, aiming to avoid secondary accidents and disputes. My advice is to contact the insurance company immediately after an accident to handle the preservation—they usually send a specialist to monitor it, and the vehicle’s status is recorded before it’s released. In short, allowing the other party to use the car after preservation is completely unacceptable—safety first, don’t take the risk.
