[Direct answer]There are legal time limits for traffic police to issue accident identification documents. According to the "Road Traffic Safety Law of the People's Republic of China" and the "Regulations on the Procedures for Handling Road Traffic Accidents" (issued by the Ministry of Public Security and currently in effect), traffic management departments of public security organs generally shall issue road traffic accident identification documents within ten days from the date of on-site investigation; where inspections or appraisals are required, they shall issue the identification documents within five days from the date when the conclusions of the inspections or appraisals are determined. If it is impossible to clarify the facts of the accident due to objective reasons, a road traffic accident certificate shall be issued. If the identification documents are not issued within the time limit and there are no justifiable reasons, the parties may report the matter to the higher-level traffic management departments of public security organs, or apply for administrative reconsideration or initiate administrative litigation to require the performance of statutory duties. When handling such situations in Beijing, it is recommended to first send a written reminder and keep the relevant proofs, and then claim rights in accordance with the procedures.

1. Problem background and typical scenarios

There are typically three types of situations: First, the cause of the accident is complex and requires inspection and appraisal, so the time for issuing the identification document is correspondingly prolonged; Second, there are major disputes between the parties about the allocation of responsibilities, and the traffic police have been delaying the determination; Third, it is really impossible to clarify the facts of the accident, and the traffic police should issue an accident certificate instead of ignoring it. In the above situations, the parties should first confirm whether they are within the statutory extension period, and then decide whether to urge for processing or appeal. Since the identification document directly affects the progress of insurance claims and compensation litigation, long-term waiting may lead to the loss of evidence or the expansion of losses, so it is not advisable to wait passively. You can first understand the situation.Personal injury and medical disputesThe processing path of it.

II. Key points of contention

The controversy focuses on four points: first, the statutory time limit for issuing the identification certificate and the reasons for its extension; second, the way of handling the fact that the accident cannot be investigated in real time, that is, the issuance of an accident certificate; third, the parties who disagree with the identification can apply for a review within the prescribed time limit; fourth, when the administrative organ fails to act, they can request the performance of duties through reconsideration or litigation. In addition, when it is difficult to ascertain the facts due to limited evidence at the scene, the accident certificate can also serve as the basis for prosecution and compensation.

In terms of this focus, it is necessary to promptly preserve medical records, monitoring data, and visit records to prevent key evidence from being difficult to recover due to the modification or loss of medical records. When necessary, professional lawyers can be engaged to avoid losing favorable positions due to procedural or statute of limitations issues.

III. Professional analysis by Henglue Law Firm

The practical experience of Henglue Lawyers in the field of traffic accidents and personal injury shows that the delay in issuing the identification document often hinders the compensation process. There are three common problems: first, the parties fail to request a written reminder, making it difficult to determine the time limit and the responsible party; second, they mistakenly believe that without an identification document, they cannot claim compensation, ignoring the role of the accident certificate and civil litigation; third, they miss the review period and lose the opportunity for internal remedies against the identification conclusion. In the judicial practice of Beijing courts, the accident identification document is an important evidence to determine liability, but it is not the only basis; when it is impossible to obtain the identification document, parties can still claim liability through other evidence in civil litigation. It is recommended that parties keep the proof of reminder and communication, and timely evaluate the review, appeal, or litigation paths.

IV. Practical suggestions and legal basis

Action list: First, understand the statutory issuance period of the certification and determine whether it has expired; Second, send a written reminder and request an update on the progress, keeping the proof of delivery; Third, if you are not satisfied with the certification after receiving it, apply for a review within the prescribed time limit; Fourth, if the facts cannot be verified, request the issuance of an accident certificate in accordance with the law; Fifth, for cases of inaction, you can apply for administrative reconsideration or initiate administrative litigation. For cases involving traffic accident compensation, you can refer to the relevant provisions.Personal injury and medical disputes; For matters related to creditor's rights and enforcement, please feel free to consult us.Creditor's rights and debts, and enforcementLegal basis: Article 73 of the "Road Traffic Safety Law of the People's Republic of China" (amended on April 29, 2021) and the provisions on the production period and review of the identification documents in the "Regulations on the Procedures for Handling Road Traffic Accidents" (currently in effect). The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

First, confirm whether you are within the statutory extension period to avoid being mistaken for inaction. Second, sending written reminders and keeping records is the basis for subsequent claims for performance of duties. Third, if you cannot identify the facts, you can request an accident certificate and should not give up on claiming compensation because of this. Fourth, if you disagree with the determination, you should apply for a review in a timely manner and can do so through the following channels:Personal injury and medical disputesThe column introduces the pathways for compensation and relief. Fifthly, materials such as on-site photos, surveillance footage, medical bills, and communication records should be preserved simultaneously, so as to provide additional evidence when it is impossible to obtain a certification document or when there are disputes over the certification.

It would be more prudent to reasonably determine the compensation items and liability ratios, taking into account the connection between insurance claims, liability sharing, and subsequent treatment costs. When necessary, professional lawyers can be engaged to avoid losing favorable positions due to procedural or statute of limitations issues.

VI. Frequently Asked Questions

Q1: How long will it take to issue the accident identification report?

Generally, it should be prepared within ten days from the date of the on-site investigation; if inspection or appraisal is needed, it should be prepared within five days from the date when the conclusion of the inspection or appraisal is determined. If it is impossible to clarify the facts of the accident due to objective reasons, a road traffic accident certificate should be issued. The specific time limit may be adjusted according to the circumstances of the case. It is recommended to confirm with the case-handling unit.

Q2: Can I sue without a determination letter?

Yes. The determination letter is an important piece of evidence for determining liability, but it is not a prerequisite for prosecution. The parties may file a civil lawsuit directly with the people's court based on evidence such as on-site photos, surveillance footage, witness testimonies, and vehicle traces, requesting the determination of liability and compensation for losses; the court may determine the liability ratio in accordance with the evidence in the case.

Q3: What should I do if I disagree with the determination?

Within three days from the date of receiving the certification document, the party concerned may apply to the traffic management department of the public security organ at the next higher level for a review, stating the reasons and submitting evidence. The review shall be limited to one time. If the application is not made within the time limit, the party concerned may raise objections to the division of responsibilities in subsequent civil litigation, and the court shall determine the division of responsibilities based on the evidence.

Q4: How to complain about the police's inaction?

You can report the matter to the traffic management department of the higher-level public security organ and request them to urge the relevant departments to handle it. You can also apply for administrative reconsideration or initiate administrative litigation against their failure to perform their statutory duties. It is recommended that you first send a written reminder and keep the relevant evidence, so as to prove that you have made the request but have not received any response.

Q5: Is the certification document the only basis for compensation?

No. The accident determination letter is an important piece of evidence for handling compensation, but the court will determine the liability based on all the evidence of the case. Even if it's impossible to obtain the determination letter or if there are objections to the determination, the parties can still assert their rights in litigation through other evidence, and the court will make a judgment based on the facts and the law.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits.Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.