legal analysis
does not affect the other party's claims. The accident handling organ may serve the accident confirmation letter to the parties to the traffic accident according to law. If the insurance company refuses to pay the claim, it may bring a lawsuit to the people's court for motor vehicle traffic accident liability dispute in accordance with the law. The traffic accident confirmation refers to the technical conclusion made by the public security traffic management department after analyzing and finding out the basic facts, causes and responsibilities of the parties through the on-site investigation, technical analysis and relevant inspection and appraisal conclusions of the traffic accident, which is not binding and enforceable. The accident certificate needs to be signed, on the one hand, because I have personally experienced the accident handling process, and on the other hand, because the law does have such provisions. However, the accident certificate that needs to be signed is often handled in a summary procedure, and both parties need to sign it. If it is not handled through summary procedures, but through general procedures, it only needs the signature of the traffic police and the seal of the traffic police department to produce legal effect. According to the relevant laws and regulations, the traffic accident certificate is a kind of evidence and a technical document with legal effect. As evidence, the parties can question the authenticity, reliability and scientificity of the traffic accident confirmation, and the court should review its validity and probative force according to the evidence rules. If there is other evidence to prove that it is wrong, the court should not accept the evidence, but should take the facts identified by itself as the basis for deciding the case.
Legal basis
In case of any of the following circumstances in Article 26 of the Provisions on Procedures for Handling Road Traffic Accidents, mediation is not applicable, and the traffic police may, after stating the relevant information in the road traffic accident certificate, serve the road traffic accident certificate on the parties: (1) The parties have objections to the road traffic accident certificate; (two) the parties refused to sign the road traffic accident certificate; (three) the parties do not agree to mediation.