1. Can’t I take out the car if the person who was hit does not sign?
1. The traffic police should deliver the accident determination letter according to the procedures. The other party’s failure to sign will not affect the pick-up of the car according to the procedures. If the accident liability determination letter is issued, it means that the evidence collection and appraisal have been completed and there is no need for further identification of the motor vehicle. The public security organ shall immediately return the detained vehicle to the party concerned. After identifying the cause of the accident, the traffic police shall issue an accident determination letter. If the party does not sign does not affect the validity of the accident determination letter.
2. Legal basis: Article 24 of the "Regulations on Procedures for Handling Road Traffic Accidents"
When traffic police apply simplified procedures to handle road traffic accidents, they should fix on-site evidence and The parties involved were ordered to evacuate the scene and resume traffic. Those who refuse to evacuate the scene will be forced to evacuate. If the party concerned is unable to move the vehicle in time, affecting traffic and traffic safety, the traffic police shall move the vehicle to a location that does not obstruct traffic. In the case of one of the first and second items of paragraph 1 of Article 13 of these regulations, after leaving the scene, the traffic police shall determine and record the time of the road traffic accident based on the evidence fixed at the scene and the statements of the parties and witnesses, etc. , location, weather, name of the parties concerned, driver's license number or ID number, contact information, type and license plate number of motor vehicle, insurance company, insurance certificate number, road traffic accident form, collision location, etc., and in accordance with Article 60 of these Regulations Article 1 determines the responsibilities of the parties concerned and prepares a road traffic accident identification document on the spot. If the conditions are not met to produce one on the spot, the traffic police shall produce a road traffic accident determination certificate within three days. The road traffic accident determination letter shall be signed by the parties involved and delivered to the parties on site. If the party concerned refuses to sign or accept it, the traffic police shall indicate the situation on the road traffic accident determination form.
2. What to do if the other party does not sign the liability determination letter for minor traffic accidents
1. The road traffic accident liability determination letter should be signed or stamped by the police handling the case and stamped with the traffic management of the public security agency The department's special seal for handling road traffic accidents will be delivered to the parties respectively, and the parties will be notified of their rights and deadlines to apply to the traffic management department of the public security organ for review and mediation, and to directly file a civil lawsuit with the people's court.
2. The acknowledgment letter is signed and sealed by the public security agency. Whether the parties sign or not does not represent the parties’ approval of the acknowledgment letter. This is just a way of delivery by the traffic police department. There are two ways for the traffic police department to deliver the traffic accident determination letter:
(1) Direct delivery, that is, the parties concerned sign the delivery receipt and hand it to the party;
(2) If the party refuses to sign, it can be delivered by postal mail within seven days, and it will be deemed to have been served to the party.