Analysis of an accident in the traffic police - how is the culprit determined?

Even the most careful car enthusiast can become involved in a car accident. During training at a driving school, future drivers receive theoretical knowledge of the rules and practical skills of driving a car, as well as an algorithm for necessary actions in case of an accident. However, few car owners know what to do if the circumstances of the car accident, the reasons for its occurrence and the guilt of each participant are not obvious. If there is a controversial situation, an additional investigation of the accident is carried out. Therefore, all drivers will benefit from information about how traffic accidents are handled by the traffic police.

When is it necessary to review a traffic accident at the State Traffic Inspectorate?

Participants in the accident must first comply with the requirements of clause 2.6. 2 traffic regulations. According to this paragraph, the person is obliged to provide first aid to the victims, and, if possible, send them to the nearest medical facility using passing transport (take them independently). You also need to call the State Traffic Inspectorate and wait for their arrival.

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If the accident is not significant and cars can move, it is necessary to clear the roadway (if it is blocked). Before you start driving, you should consult with a traffic police officer using the number of the duty station, then record the position of the vehicle in relation to the other participant’s car and the surrounding situation, including details directly related to the incident.

If the damage was caused only to transport (in the amount of up to 100 thousand rubles), 2 cars were involved in the accident, each driver has a valid MTPL policy and the culprit admits his mistake, then photo and video recording of the scene of the incident is allowed with the subsequent registration of a European protocol without the involvement Traffic police (Article 11.1 of Federal Law No. 40-FZ).

If there are disagreements or failure to comply with the conditions outlined in the previous paragraph, you must notify the State Traffic Inspectorate. Employees who arrived at the accident carry out an analysis of the accident in accordance with clause 269 of section III of Order of the Ministry of Internal Affairs of the Russian Federation No. 664. Authorized persons fencing the accident site, identifying the participants in the incident and their vehicles, searching and interviewing eyewitnesses, recording personal data, and inspecting the road situation. The main act is the protocol on the offense and the road accident diagram.

If the reasons for the incident are obvious, and the parties do not disagree in their testimony, then the inspector issues a fine to the traffic violation violator. All parties (mutually) can be found guilty. At the same time, it is worth separating civil liability arising in connection with damage to the victim and non-compliance with traffic rules. Collection of funds for traffic violations is made to the budget. The full list of sanctions can be found in Chapter. 12 Code of Administrative Offenses of the Russian Federation. In some cases, when analyzing an accident, no penalties are applied to the culprit. This applies to clause 10.1 (hitting an obstacle), clause 8.1 (use of turn signals) of the Russian Traffic Regulations. In the first case, there is a presumption of innocence (if the driver moved taking into account the traffic situation), and in the second, the inspector will most likely not be able to prove the fact that the signals were turned on. Among other things, a violation for which there is no fine will not entail liability (for example, speeding up to 20 km/h). The same applies to the influence of force majeure circumstances on the vehicle (hurricane wind, lightning strike, etc.).

There are cases in which it is not possible to reliably determine the circumstances. Then the accident report is sent to the traffic police analysis group. The text of the document indicates the alleged violator. Participants receive an order to attend the administrative practice group (APG) at the State Traffic Inspectorate unit. The document indicates the exact time and day on which the traffic accident is scheduled to be analyzed by the traffic police. The internal department is authorized to investigate the incident and make a final decision.

In what cases is a traffic accident analysis prescribed?

Usually, participants in an emergency call traffic police officers in order to draw up all the necessary documents and identify those responsible for the incident. The procedure for the actions of traffic police officers is regulated by administrative regulations approved by Order of the Ministry of Internal Affairs of the Russian Federation dated August 23, 2017 No. 664. The inspector arrives at the scene of the incident and interviews all participants. After this, the police officer draws up a special protocol for examining the scene of the incident, including drawing a diagram of the accident.

Many citizens are interested in whether it is necessary to go to a debriefing after an accident. There may be two solutions here. Let's look at each of them:

1. If the causes of the emergency are obvious and there are no disputes regarding those responsible for the incident, the inspector will only have to draw up a standard document - a resolution on the administrative case;
2. If doubts arise regarding the guilt of certain persons, a protocol is drawn up indicating the alleged culprit of the events, and then the document is transferred to the analysis group.

Each of the participants in the incident receives an official order to appear for the group at the State Traffic Inspectorate office. The document indicates the date and time of consideration of a specific case. If necessary, additional measures are assigned to investigate the incident on the road.

Who conducts accident investigations?

GAP (administrative practice group) is a special education located in the district division of the State Traffic Inspectorate. The structure is engaged in high-quality detailed research of road accidents. The tasks of the traffic police group are to carry out a complete analysis of the accident:

• an objective analysis of all the circumstances leading to the accident;
• establishing the causes of the incident;
• determining the guilt of a person.

The result of the analysis of an accident in the traffic police is a clear classification of the violation that led to the accident and its correlation with the rules of the road. The final act is a resolution on the application of penalties to those responsible for a traffic accident.

Will my DVR or flash drive be returned to me?

Yes. In any type of case, things of citizens that are no longer needed as evidence must be returned to their rightful owner. Thus, Part 3 of Article 29.10 of the Code of Administrative Offenses of the Russian Federation requires that the flash drive be returned to the driver immediately after the case is completed. And the administrative matter ends with the drawing up of a resolution.

Thus, if you were issued a warrant immediately on the road, then the seized flash drive and/or video recorder must be returned immediately. However, if the punishment has already been imposed, then the culprit has already been identified, and in this case the traffic police officer is unlikely to need a video recording of the circumstances of the incident. Therefore, in practice, your things will be returned to you after analysis of the accident at the traffic police department or after the trial.

If they don’t give it back or lost it?

The loss of seized items and documents is, unfortunately, very common in modern realities. What to do in this case?

First of all, if they have not yet directly admitted to you that they have lost a flash drive or the device itself, you should familiarize yourself with the case materials - this is the only way to see what appears there and see with your own eyes your things, if they are in the case. This can be done on the basis of Part 1 of Article 25.1 or 25.2 of the Code of Administrative Offenses of the Russian Federation (depending on who exactly you are in this accident: the victim or the predicted culprit).

In any case, you can write a statement requesting the return of the seized property if the case regarding the accident has already been completed (a decision has been made). You just need to write something like the following in free form to the head of the unit:

By protocol No. such and such dated [date of the protocol] on the seizure of things and documents, the following items were confiscated from me: such and such.

Based on Part 3 of Article 29.10 of the Code of Administrative Offences, I ask you to return these items to me in connection with the completion of the administrative offense proceedings.

In fact, if it turns out that your items have been lost, you will be required to reimburse them. If there were important files there (the necessary DVR recording, for example), then, alas, compensating for the damage in this case will be an unlikely task.

What happens during an accident investigation at the traffic police?

If it is necessary to take additional measures, the traffic police officer invites drivers to the inspection located at the place of the accident. If this was not done immediately when registering an accident, then persons are notified by mail. The incident materials themselves are also sent to the department.

After receiving a report drawn up at the scene of an accident, a group of inspectors gathers and is required to analyze the accident, review the documentation and listen to citizens to make a decision on imposing a fine.

Analysis of an accident in the traffic police involves several mandatory stages, the implementation of which depends on the circumstances of a particular case. The main points that every driver should be aware of are:

1. The analysis of the accident in the traffic police is preceded by the analysis of materials obtained at the scene of the incident, as well as as a result of interviewing witnesses. The object of action is the fact of an accident recorded by the State Traffic Inspectorate. These manipulations take from three days to a month.
2. Often, to establish details, traceological and automotive technical examinations are required. If authorized traffic police officers do not dare to take such a step, explaining what is happening with a high workload, then the interested person himself must insist on carrying out the indicated investigations of the accident.
3. During the investigation of the accident, the traffic police are clarifying the details of the incident. Drivers are interviewed and official documents are studied. Parties are invited at once or separately. The first can be considered a confrontation. The indicated approach allows us to identify the fact of giving false testimony.
4. During the investigation of the accident, inspectors do not allow the parties to familiarize themselves with the documentation on the case. This includes the diagram of a traffic accident. This encourages drivers to remember the details themselves and increases the objectivity of the measures being implemented.

Upon completion of the analysis of the accident, the traffic police officers make a decision, approved in the form of a protocol.

Does compulsory motor liability insurance apply if the incident occurred in a parking lot or in the yard?

A car can be damaged not only in an accident. Moreover, not all drivers are able to quickly figure out what to do if they grind or scratch their car in the yard or in the parking lot. If the car is damaged as a result of a collision with another vehicle, this is an insured event under the MTPL policy, for which compensation is due. When the damage was caused by a pedestrian, a third-party object (for example, an icicle or a tree branch) or the owner himself, insurance is not required.

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In case of an accident, only the victim will receive payment under the compulsory motor liability insurance policy. To do this, he needs to record the fact of the accident with the help of a traffic police officer or by drawing up a Europrotocol. Documents regarding the accident are submitted to the insurance company of the culprit, and payment is made within 20 days. The law sets maximum limits for compensation amounts. If the offender refuses to admit his guilt, the other party needs to contact the traffic police or court.

Rights of participants in an accident during accident investigation

When analyzing an accident in the traffic police, traffic police officers cannot prevent the victim/culprit from carrying out the following actions:

1. Use the services of an experienced lawyer (Clause 1, Article 25.1 of the Code of Administrative Offenses of the Russian Federation). It is usually required when there is a mutual violation or there are victims. It is recommended to seek the help of a lawyer at the initial stage. Thus, the defendant will have a competent line of behavior.
2. Familiarize yourself with the documentation of the case before analyzing the accident. According to Art. 25.1 of the Code of Administrative Offenses of the Russian Federation, a person has the right to find out in advance about the papers that are present in his case. For this purpose, the citizen will need to appear at the inspection before the SAPD group begins the final actions.
3. Submit a petition, submit explanatory notes, supplement the case with other acts. If a citizen took photos or videos at the scene of the incident, then he has the right to demand that the materials be included in the case. It is important to keep in mind that Article 51 of the Constitution of the Russian Federation allows a person not to testify against himself and his loved ones.
4. Ask for an examination.
5. Request certificates from authorized bodies about the condition of road lighting and pavement.
6. Foreign nationals may involve an interpreter in the process.
7. Protest the decision of the traffic accident investigation in the traffic police.

Is it possible to contact an insurance company for compulsory motor liability insurance in your city?

If you are the injured party in an accident, and you have all the necessary documents in your hands, then you can contact the insurance company under compulsory motor liability insurance to receive compensation.

This can be done anywhere, both in the city where the accident occurred, at home or at the final destination of your route. But it is important to remember about the further actions of the insurance company, that is, the inspection and subsequent repair of the car. If repairs can be sent to a station linked to the place of residence of the victim or to the scene of the accident (at the discretion of the victim), then there are no such clarifications in the law about inspection.

So, in order to avoid any misunderstandings and problems with the insurance company regarding the inspection of the damaged car, submit documents by mail to the desired branch or central office.

If there is nowhere to rush, then you can safely drive to your hometown and apply there. Even if you filled out a European protocol and more than 5 days have passed since the accident, it’s okay, the insurance company will not be able to refuse on this basis.

How to behave during the analysis of an accident at the State Traffic Inspectorate?

When visiting the traffic police, you need to replay in your head everything that happened on the day of the incident. This is required to ensure that the submitted explanations correspond to those recorded previously. Discovered discrepancies are a good reason for employees included in the State Traffic Safety Inspectorate to agree with the opponent’s position in the analysis of an accident.

In a confrontation, it may turn out that the employee has accepted the version of one of the parties to the conflict and is trying to put pressure on the other. Then you need to record the conversation on a voice recorder. Subsequently, the recording can be sent to the prosecutor’s office or to the department’s management. The complaint will only be considered if the evidence submitted with the application is compelling.

Often, controversial situations are resolved objectively and without the involvement of technical analysts. The inspectors themselves, when analyzing road accidents, try to do without examinations, since their results may not coincide with the preliminary conclusions. In addition, the services of the Ministry of Internal Affairs of the Russian Federation are heavily loaded, which requires the involvement of third-party companies. Their actions come at a high price tag.

I was found guilty at a trial in another city - what should I do?

First you need to receive or wait for a copy of the resolution. If you were not present at the analysis, it will be sent to you by mail within 3 days.

Once you receive a copy, you will have 10 days to file a complaint. The head of the inspector or the court at the place where the investigation of the accident was carried out has the right to consider such a complaint. Accordingly, it can be sent either to the inspector who made the decision, or directly to his boss or to the court. Alas, there are no options to challenge liability for an accident in another region or city at home.

It is better to send everything by registered mail with a list of the contents and a receipt.

Should I hire a lawyer?

If the case is complicated by the presence of casualties or failure of the other party to accept the position, it is recommended to involve a good lawyer in the analysis of the accident at the traffic police. He will help you understand the nuances of the case and accompany the client throughout the entire process. A specialist working on road accidents is able to protect an insecure citizen from signing protocols without carefully considering them, as well as giving incoherent testimony.

Thus, it is necessary to involve a lawyer in the most complex cases, when the guilt of a person is not obvious. A citizen savvy in legal matters can defend his interests himself if he feels confident in a positive result.

When is a review group created?

Usually if the damage is caused only to property, i.e. Only cars were damaged and there were no casualties or injuries among people; no investigation was scheduled. In such a situation, all accident conditions can be determined on the spot.

Also, a review team may be proposed if the inspector has doubts about the interpretation of what happened. For example, he does not understand who initiated the collision and what motives preceded it. In such a case, a debriefing team can be appointed without the presence of injured people.

Participants in an accident receive an appropriate order from the inspector right on the spot to appear for an analysis of the situation at the agreed time.

How long does it take for traffic accidents to be analyzed by the traffic police?

The State Traffic Safety Inspectorate at the State Traffic Inspectorate unit reviews the submitted documentation within 30 days. The exact time depends on the complexity of the incident, as well as the number of measures required to establish the true cause of the incident. According to Art. 28.5, 28.7 of the Code of Administrative Offenses, it is possible to extend the period for studying road accidents for another month.

The most thorough analysis when analyzing an accident in the traffic police are the explanations of the parties and witnesses obtained from CCTV cameras and car video recorders. If there are victims or victims, a certificate from a forensic expert is required to draw up a decision. The act establishes the severity of the injuries received. The degree of responsibility of the perpetrator directly depends on this indicator. Most often, a medical examination is carried out at the end of treatment. If the injuries are moderate or severe, then discharge may occur only after several months. Therefore, the traffic police has the right to extend the period for reviewing the incident by 6 months.

How long does it take to investigate an accident?

The deadlines for conducting an administrative investigation in case of an accident are indicated in legislative acts only as upper limits. The maximum duration of activities should not exceed one month, but can be increased by another month. If there are victims in an accident and the case of the incident escalates into a criminal case or the participants in the events appeal the decision in court, the case may drag on significantly.

In the standard version, in the absence of victims and large amounts of material damage, the entire investigation, including analysis, takes from 3 to 10 days.

Is it necessary to attend an accident investigation?

The law does not require a citizen to be personally present during the investigation of an accident. The SAP may meet in absentia. This fact does not affect the final decision. However, experts do not recommend avoiding participation in the event. In practice, there were many situations when the participant in the incident considered himself completely innocent and was so sure that he did not visit the traffic police. However, later it was he who was recognized as the violator.

Personal presence guarantees the interested party the right to speak out, build a line of defense and suppress any attempts by the opponent to confuse the traffic police officer. Unfortunately, there are times when a person cannot come due to circumstances beyond his control. Then the car owner should submit a request in advance to postpone the analysis to a later date. In order for the State Traffic Inspectorate to cooperate, it is necessary to provide documentary evidence of the obstacles that have arisen.

FIRST STEPS

It seems that all this is spelled out in the traffic rules, and in countless recommendations, and in the memo that is attached to the MTPL insurance, but every time questions arise. I’ll break down all the driver’s actions after the terrible “bang” was heard, the car spun and stopped at the side of the road.

The first thing you need to do is turn on the hazard warning lights and set up an emergency stop sign, as stated in paragraph 2.5 of the traffic rules. I remind you that this sign should be placed at a distance of at least 15 meters in a populated area or 30 meters in other cases. This should not be neglected. In my practice, there have been cases when a parked damaged car was driven into again - precisely because the driver did not bother to put up a sign. Didn't have it with you? (The presence of such a sign is no longer checked at inspection.) Mark the location of the accident with something bright. For example, put a canister. Then, if there are victims, you need to call an ambulance. The single emergency telephone number in Russia is 112, but you can dial 03 from old memory (from an MTS mobile phone you need to dial 103, in the Beeline network - 003, Megafon - 030). And only then call the police.

Let me remind you that minor accidents can be filed independently under the following conditions: two cars were involved in the accident; there are no casualties; there is no debate about the culprit; drivers have MTPL policies; the amount of damage does not exceed 25,000 rubles. In this case, drivers fill out accident notifications that are attached to their MTPL policies. They describe in detail how the collision occurred and record any damage to the vehicles. It would be nice to photograph everything in detail, at least with a mobile phone camera. After this, participants go to their insurance companies.

If drivers argue about who is to blame, it is better to wait for the arrival of the traffic police inspector. What if the accident occurred on a deserted road, where you can wait forever for the police? There is an option: draw up a diagram of the incident yourself, record the location of the vehicles and go to the nearest traffic police post.

But it’s better to wait for the serviceman and register the accident with his help. Remember: it is important to record any details that will later help establish the picture of the collision. Even before the traffic police officer arrives, take photographs of the accident scene and all damage to the vehicles. If there are signs of braking, marks on the road from a collision (fallen off spare parts, broken glass) - record everything with your phone camera. You can also shoot video, since modern smartphones allow you to do this, and with good recording quality. Immediately write down the telephone numbers of witnesses, if any. Look around - there may be video cameras installed on this section of the road. This can be either traffic monitoring cameras or equipment from commercial structures (for example, a security system at the entrance to a store). Be sure to mention the presence of cameras in your explanations! In a word, try to surround yourself with a variety of evidence as much as possible. This is necessary if you are suddenly accused of violating traffic rules.

The result of the analysis of an accident in the traffic police

The result of the measures taken during the analysis of road accidents in the traffic police becomes a resolution. The documentation is issued to the culprit against personal signature. You can protest the result with your superiors or in court. These actions must be completed within 10 days from the date of receipt of the act (Article 30.5 of the Administrative Code). That is why you cannot sign retroactively. Otherwise, it will be difficult to restore justice in the future.

The injured party receives a copy of the accident report. The traffic police officer cannot apply any serious sanctions to the culprit, for example, depriving him of his driver’s license or arresting him. The maximum penalty is a monetary fine according to the Code of Administrative Offenses. More significant sanctions are approved during the trial.

What are the rules for seizing video recordings?

Meanwhile, since we are talking about the property of drivers and their seizure by officials, the legislation clearly controls the legality and procedure for the seizure. So, the main steps should be the following points:

1. any seizure of things after an accident within the framework of an administrative case begins with an inspection (personal or car),
2. and the inspection itself begins with the corresponding protocol, and then another one is drawn up - a protocol for the seizure of things,
3. further, it is necessary either to involve two witnesses, or to use a video recording of the procedure.

This is what Article 27.10 of the Code of Administrative Offenses prescribes.

Search

If we are talking about a DVR and a flash drive on it, mounted on the windshield of a car, then a traffic police officer has no right to just take it with him, nor does he have the right to simply enter your car.

He has the right to take it exclusively as part of the inspection of the vehicle. And to carry out this procedure, 2 witnesses are involved or a recording is made, a protocol is drawn up. And you must leave the car.

If you remove the recorder or take out a flash drive and put them in your pocket, then either a personal search or a search of personal belongings is initiated. Here all the rules are the same: protocol, witnesses or video recording.

Protocol

Not only for the purpose of inspection, but also for the subsequent seizure of an item, a separate “seizure protocol” of the same name is required. But in order to take away the video recording from you, the same witnesses can be brought in, and, of course, there is no need to record the procedural action on a new device.

Afterwards, the protocol is given to you to sign, where you can also write your comments. In addition, you are given a copy of it - this will be the confirmation that the police have your things.

Important note!

• This article describes the basic principles of how legislation works. Meanwhile, in judicial practice everything depends on specific circumstances.
• In 96% of all cases there are subtleties that can affect the outcome of the entire case.
• Therefore, we recommend entrusting the matter to professionals who will study your business and select the right winning strategy.

The TonkostiDTP website employs professional road accident lawyers with experience in all major types of disputes (MTPL, guilt, administrative penalties).

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Appealing a decision of the administrative practice group

A citizen’s disagreement with the decision to investigate an accident in the traffic police may be due to the fact that a protocol was received with a decision indicating the person’s guilt or an inflated fine. In fact, there are two ways to protest the actions of inspectors. The first is to prepare a written complaint and send it to management. If this method does not work, then a statement of claim is filed in court. The text requires proper preparation. In addition, you need to collect documentation attached to the case.

The stages of challenging the decision of the traffic accident investigation in the traffic police through the court look like this:

1. First you need to fill out an application. Preparation of documentation is carried out taking into account the following rules: -The application is drawn up by hand according to the sample. -Information must be clearly structured. The complaint is drawn up in a business style, following a logical sequence: addressee; reason for filing the claim; details of the charge; what the citizen does not agree with; requirements; proof. -References to legal norms are necessary. Without an indication of the latter, the statement will be considered baseless and illiterate.

1. Next, the document is submitted to the district (city) authority. There is no need to pay state duty. The complaint is sent by mail or delivered in person to the court office.
2. After receiving the application, the applicant is notified where and at what time he needs to appear for the hearing. It is worth remembering that this procedure can be carried out in absentia, and the personal presence of the interested party is not necessary to make a decision. The court decision is made taking into account the information presented in the claim.
3. If the outcome of the case is negative, the citizen has the right to complain again by submitting documentation to a higher authority.

Since we are talking about a violation related to a monetary penalty or deprivation of a driver’s license, most often the court sides with the State Traffic Inspectorate. Therefore, when drawing up an application, special emphasis should be placed on the discrepancy between the protocol signed by the inspectors and the traffic rules and the Code of Administrative Offenses of the Russian Federation. Such collisions occur very often.

Applications for appealing the results of an accident investigation to the State Traffic Safety Inspectorate can be found here.

Analysis of an accident and the reasons for it

When no doubt arises about who is to blame for the accident, neither the traffic police officer who arrived at the scene of the accident nor the participants, the inspector issues a decision on an administrative violation. However, this does not always happen and a controversial situation is quite possible.

Sometimes a traffic police officer has doubts when determining the culprit and transfers this decision to higher authorities. But more often such doubts are experienced by participants in road accidents who are found guilty. They do not agree with the testimony of other participants and witnesses, or with the inspector’s conclusions. Sometimes there are cases when the driver involved in an accident admits that he committed a violation, but claims that there is no cause-and-effect relationship between the violation and the accident.

In short, there are many reasons for the incident to be examined more carefully. A special procedure is provided for making decisions in difficult situations. Drivers involved in an accident are given an order to appear at the incident investigation team, indicating the date and time of arrival.

Nuances

The work of the State Traffic Safety Inspectorate during the analysis of an accident is associated with the study of compelling evidence of the guilt of a particular driver. Therefore, it is possible to defend what is right only when there is irrefutable evidence in hand. It is best to use a video recorder, which allows you to see the true cause of the incident and the behavior of the drivers at the time of the collision.

The employee who arrives at the scene of an event does not always interview witnesses. Their testimony is important. Therefore, it is worth checking the procedure yourself.

Despite the right of a citizen to extend the time established for appealing the decision of the traffic police, it is quite difficult to do this. The promptness of collecting evidence and filing a complaint to a higher authority or a claim to a district court will be of decisive importance.

How and where to appeal the decision?

So, is it possible to challenge the protocol and resolution of the traffic police if you signed it? If you are not satisfied with the amount of the fine issued to you by the traffic police, you have the right to contact an official from the administrative law enforcement group. You may have grounds to challenge the actions of the traffic police, and you can do this in one of two ways:

• Prepare a written complaint to higher management (the head of the traffic police department or the commander of the unit that issued the protocol or resolution), and if this does not help, go to court.
• You can immediately prepare a claim to go to court.

sample application for appealing a traffic police decision

Please fill out the application by hand according to the sample that we have attached for you to this article. When compiling it, you need to adhere to certain rules that will help achieve a positive result:

• The application should be brief. Nobody wants to read 10-20 pages of your story. It may also leave out important details, leading to a decision you are not happy with.
• Structure your information. Write your complaint in any style, but it’s better to stick to business style. The main thing is that there is a logical sequence: who is the complaint from, what is the accusation, what do you disagree with and what are you asking for, what materials are there to prove the case.
• Be sure to substantiate your claim using as much legislation as possible, excerpts from laws, etc. This will allow you to strengthen your defense and increase the chances of your complaint being successful.