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What should I do if someone drives my car on purpose?

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Source: Legal Chart Compilation · 2024.02.22 · 24049 people have seen it
Guide: If someone intentionally drives a car and hits my car, he or she needs to collect relevant evidence and report it to the police directly. Generally, intentional driving and hitting people is an act of intentional homicide. Once this act is committed, it will definitely constitute a criminal offence. Those who are lightly punished will also be punished by a fixed-term imprisonment of three to ten years.
 What should I do if someone drives my car on purpose?

1、 What should I do if someone drives my car on purpose?

Driving into people , generally Traffic accident crime , but the traffic accident crime is unpremeditated crime , deliberately hitting people is certain Intentional homicide The specific number of years depends on the circumstances, and sentencing is at the discretion of the judge. Penalty, life imprisonment or more than 10 years fixed-term imprisonment ; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

If it can be proved that it is an intentional collision, it should be treated as intentional damage to property, and can be subject to public security detention, fine, etc., which seriously constitutes the crime of intentional damage to property (with a value loss of more than 5000 yuan), punishment The regulations are as follows:

(1) If the circumstances of the crime are ordinary, he shall be sentenced to fixed-term imprisonment of not more than three years criminal detention perhaps fine

(2) Whoever intentionally destroys public or private property, if the amount is huge or if there are other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

If the actions taken may endanger the safety of others, they may also constitute crimes against public security, such as "in a dangerous way Crime of endangering public security ”Etc.

When someone drives to bump into my car intentionally, you can call up surveillance videos, black boxes, etc. afterwards to prove whether the other party is intentional. If it is proved that the other party is intentional, you can directly investigate the legal responsibility of the other party.

II Traffic accident handling What are the ways?

(1) Slight traffic accident Processing method of

Most of the traffic accidents in daily life are small traffic accidents. For such traffic accidents that do not cause casualties, if the parties have no dispute about the facts and causes, they can immediately leave the scene, resume traffic, and negotiate on their own to deal with the matters of damages. However, even if it is a small traffic accident, you should also ensure that you are compensated for the damage you have suffered as a result. Therefore, before leaving the scene, you must remember to make a written record of the facts and causes of the traffic accident with the other party, including the time and place of the traffic accident, the name of the party involved, the number of the motor vehicle driving license, contact information, the number of the motor vehicle license plate, the number of the insurance certificate, the form of the traffic accident, the collision location, the person responsible for compensation, and sign together. If an agreement can be reached in time, an accident handling agreement can also be written immediately, specifying the amount and method of compensation through negotiation, and then immediately leave the site. If all the parties have obtained compulsory third party liability insurance for motor vehicles, they can claim compensation from the insurance company according to the agreement of the accident situation, or they can negotiate with the insurance company to deal with the compensation for damages.

(2) Treatment of serious traffic accidents

The so-called more serious traffic accidents generally refer to the traffic accidents that cause greater property losses or casualties.

Article 70 of the Road Traffic Safety Law stipulates that the vehicle driver shall stop immediately to protect the scene; If personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured and promptly report to the traffic police on duty or the traffic control department of the public security organ. If the scene is changed due to rescuing the injured, the location shall be indicated. Passengers, drivers of passing vehicles and pedestrians shall provide assistance.

To sum up, the act of someone intentionally driving to hit someone is totally different from the ordinary traffic accident, but has already constituted the crime of intentional homicide. As long as someone's body is injured, the party must bear criminal responsibility. Generally, the punishment will be based on the size of the crime, so that the offender can pay the price he should have.

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