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Escape punishment for minor traffic accidents

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Escape punishment for minor traffic accidents


        

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  • 2024-06-17 18:00:02

    According to the provisions of China's Road Traffic Safety Law, after a minor traffic accident, if the perpetrator is afraid of taking responsibility and chooses to escape, if it does not constitute a crime, it will be given an administrative penalty and a fine of more than 200 yuan and less than 2000 yuan. People who escape from minor traffic accidents generally do not constitute the crime of causing traffic accidents in criminal law, but those who escape need to bear administrative responsibility. At the same time, those who escape from a traffic accident shall bear corresponding civil liability, and the insurance company shall be exempted from liability. If a minor traffic accident such as scratching occurs and the driver is unable to deal with it on the spot, he can leave a note with contact information to indicate that he is willing to bear the liability for compensation. When the other owner sees the note, he or she will take the initiative to contact, and both parties reach a settlement and report to their insurance companies for repair. In this way, he or she will not constitute escape, nor will he or she have to bear the civil, administrative or even criminal liability caused by escape.

    Legal basis

    Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law, if a party escapes after a traffic accident, the party who escapes shall bear all the responsibilities. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated. Any party who intentionally destroys, forges the scene or destroys evidence shall bear full responsibility.
    Article 99 of the Road Traffic Safety Law, if a person escapes after causing a traffic accident, but does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2000 yuan, and may also detain him for not more than 15 days.

    Legal basis

    Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, if a party escapes after a traffic accident, the party who escapes shall bear full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.
    Any party who intentionally destroys, forges the scene or destroys evidence shall bear full responsibility.

    Article 99 of the Road Traffic Safety Law of the People's Republic of China shall be fined not less than 200 yuan but not more than 2000 yuan by the traffic management department of the public security organ for any of the following acts:
    (1) Driving a motor vehicle without obtaining a motor vehicle driving license, or when the motor vehicle driving license is revoked, or when the motor vehicle driving license is temporarily detained;
    (2) Giving a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended for driving;
    (3) Escaping after causing a traffic accident, but not constituting a crime;
    (4) The motor vehicle exceeds the prescribed speed by 50% per hour;
    (5) Forcing a motor vehicle driver to drive a motor vehicle in violation of the laws and regulations on road traffic safety and the requirements for safe driving of motor vehicles, thus causing a traffic accident, but not constituting a crime;
    (6) Forcibly passing in violation of traffic control regulations and refusing to listen to dissuasion;
    (7) Deliberately damaging, removing or altering traffic facilities, causing harmful consequences, but not constituting a crime;
    (8) Illegally intercepting or detaining motor vehicles without listening to dissuasion, resulting in serious traffic congestion or considerable property losses.
    The driver's license of a motor vehicle may also be revoked if the perpetrator is in any of the circumstances in sub paragraph (2) or (4) of the preceding paragraph; Under any of the circumstances set forth in Items 1, 3, 5 to 8, a person may also be detained for not more than 15 days.

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