What is the statute of limitations for a car scratch accident?
1 Answers
The statute of limitations for a car scratch accident is three years. According to Article 188 of the Civil Code of the People's Republic of China on the limitation of action: The limitation period for filing a lawsuit with the People's Court to protect civil rights is three years. If the law provides otherwise, such provisions shall prevail. The limitation period shall be counted 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 20 years have passed since the date the right was infringed, the People's Court shall not protect it. Under special circumstances, the People's Court may extend the period based on the right holder's application. Car scratch accident reporting process: Park and check the situation: After a car accidentally scratches another vehicle, immediately choose a suitable location to stop. Engage the handbrake, cut off the power, and turn off the engine. At night, turn on the width lights and taillights. On highways, set up a hazard warning sign behind the vehicle. Confirm the safety of both parties: Check the safety of all involved. If there are fatalities, injuries, or threats to personal safety, call the police immediately. For situations not requiring police involvement, parties can choose to reach an agreement privately for quick resolution. Record basic information: Document the vehicle and owner details of both parties. Record license plate numbers, driver's licenses, vehicle registration certificates, and insurance information. Document vehicle damage: Carefully inspect the vehicle condition. Use digital cameras or mobile phones to photograph the scratched areas and overall vehicle condition. Ensure both parties are visible in the photos, and take multiple angles of the front, rear, and damaged areas. Clarify liability: Pay special attention to the responsibilities assigned by traffic police during the liability determination. Assess damage for claims: First, visit an insurance claims service center to assess vehicle damage. Keep all repair invoices during the repair process.
