What is the legal statute of limitations for a fender bender accident?
1 Answers
The legal statute of limitations for a fender bender accident is three years. According to Article 188 of the Civil Code of the People's Republic of China regarding the statute of limitations: the limitation period for requesting the protection of civil rights from the People's Court is three years. If the law provides otherwise, such provisions shall prevail. The limitation period shall be calculated from the date when the right holder knows or should have known that the right has been infringed and who the obligor is. If the law provides otherwise, such provisions shall prevail. However, if more than twenty years have passed since the date the right was infringed, the People's Court will not provide protection, except in special circumstances where the People's Court may extend the period upon the application of the right holder. Procedure for reporting a car fender bender accident: Stop the car, turn off the engine, and check the situation: After a car accidentally collides with another car, you should immediately choose a suitable location to stop. Engage the parking brake, cut off the power, and turn off the car's engine. At night, turn on the width lights and taillights. On the highway, set up a hazard warning sign behind the car. Check the safety of both parties: Pay attention to the safety of both parties. If there are casualties, injuries, or threats to personal safety, call the police immediately. For situations that do not require mandatory reporting, the parties can choose to reach an agreement on their own for a quick resolution. Record basic information: Note down the vehicle and owner information of both parties. It is necessary to record the license plate numbers, driver's licenses, vehicle registration certificates, and insurance certificates of both parties. Record vehicle damage: Carefully inspect the vehicle condition. You can use digital cameras, mobile phones, or other photographic devices to promptly document the scratched areas and the overall condition of the vehicle. When taking photos, ensure both parties are present in the scene, and take multiple angles of the front, rear, and collision areas. Clarify liability determination: Pay special attention to the responsibilities of both parties when the traffic police determine liability. Assess vehicle damage for insurance claims: First, go to the insurance claims service center to assess the vehicle damage. Keep the repair invoices during the subsequent repair process.