How to judge and compensate for hit and run?

1、 How to judge and compensate for hit and run?

Hit and run may be sentenced to three to seven years fixed-term imprisonment , the escaping party may need compensation Medical expenses , late fees, etc.

1. Hit and run may be sentenced to three to seven years of imprisonment.

According to《 criminal law 》Article 133

Violation of traffic and transportation management statute , causing serious injury or death or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention ; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

2. The party who escapes may need to compensate for medical expenses, lost wages, etc.

(1) The medical expenses shall be based on the medical expenses, hospitalization expenses and other collection vouchers issued by the medical institutions, combined with medical records and diagnosis certificates evidence determine. If the compensation obligor disagrees with the necessity and rationality of treatment, it shall bear the corresponding Burden of proof 。 The amount of compensation for medical expenses shall be in accordance with first instance The actual amount incurred before the end of the court debate is determined. The compensation obligee may file a separate lawsuit after the actual occurrence of the necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for organ function recovery training. However, the necessary expenses determined according to the medical certificate or the expert conclusion may be compensated together with the medical expenses already incurred.

(2) The lost time fee is determined according to the lost time and income of the victim. The time of missing work is determined according to the certificate issued by the medical institution where the victim receives treatment. victim

In case of continuous absence from work due to injury, the time of absence from work can be calculated to the day before the date of disability determination. If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income. If the victim has no fixed income, the average income for the last three years shall apply.

II traffic accident What proof should be provided by the injured party of?

1. Provide evidence of income status

(1) Income Certificate

If there is a fixed income, the employer shall provide the victim with wages Tables and Business license A copy of the duplicate with the official seal of the company affixed.

The content includes the working time and position of the victim in the unit and the average monthly salary of the last year.

(2) Income Status Certificate

If there is no fixed income, you can provide proof of income status for a period of time (the first three years).

The content includes the industry, work location, work content, and the supporting documents issued by relevant government departments.

2. Provide evidence of lost time

(1) Medical Records or Discharge Summary.

Under normal circumstances, it shall be based on the medical record or discharge summary of the medical institution.

The content includes the suggested rest time, the need to strengthen nutrition, and the need for special care.

(2) Lost Time Certificate

The work unit where the injured person works can issue the certificate of the time lost for work and affix the official seal of the unit.

(3) Lost Time Judicial expertise Book

That is, the judicial expertise document on the time lost. You can apply to the judicial appraisal institution to appraise the length of the period of delay, and determine the time of delay by the appraisal document.

After a traffic accident occurs, some accident parties may choose to leave the scene of the accident. The party involved in this hit and run accident may be suspected of committing crimes Traffic accident crime , of course, charge It may not be established. Even if it is established, it may not be sentenced by the court, such as fixed-term imprisonment, payment fine And so on. If someone is injured after the accident, the escaping party may also have to pay civil fees damages Responsibility.