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Effectiveness of conciliation statement on traffic accident

2018-04-26 01:37:00

The mediation agreement signed by the parties under the coordination of the mediation agreement does not have the force of enforcement, and then can apply for notarization to the notary office or confirm the effectiveness of the mediation agreement to the court, so that it has the force of enforcement. In order to prevent the compensation right holder from failing to perform the mediation agreement, the party may, in accordance with the provisions of the Notary Law, apply to the notary office for the effect of compulsory execution according to law, and apply to the court for compulsory execution; Or apply to the people's court with jurisdiction for judicial confirmation, and apply to the court for compulsory execution of the confirmation decision of the court in accordance with the law. 1, traffic accident compensation agreement notarization application needs the identity certificate of the victim and the victim, resident ID card, household registration, etc.; Driver's license and ownership certificate of the vehicle; Written confirmation of the division of responsibility for traffic accidents issued by the traffic management department of the organ; A traffic accident compensation agreement reached by both parties on the content of compensation; Certificate of medical expenses, transportation expenses, loss of work expenses, funeral expenses and other expenses incurred in handling traffic accidents; And such other documents or supporting materials as the notary considers necessary. 2. Judicial confirmation of the traffic accident compensation agreement If a mediation agreement is reached under the auspices of the department or an agreement is reached by the parties through negotiation and confirmed by the department, the parties are concerned about the other party's renegement or non-performance of the mediation agreement, the department may inform the parties to request the people's court for judicial confirmation of the mediation agreement. Such judicial confirmation cases apply the principle of convenience of proximity, and the parties directly go to the people's court of the jurisdiction under which the accident occurred. If the agreement is not invalid or revocable after examination, the court may make a confirmation according to law, and promptly prepare a civil mediation statement and serve it on both parties. The people's court charges 50 yuan for a case requesting judicial confirmation of a traffic accident mediation agreement. If the compensation obligor refuses to perform the traffic accident mediation agreement after judicial confirmation, the compensation right holder may directly apply to the enforcement division of the people's Court for compulsory execution.