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How to sue and recover damages for the other party's hit and run

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Source: Legal Chart Compilation · 2024.02.24 · 4885 people have seen it
Guide: The process for the other party to sue for hit and run and recover damages is to prepare a civil lawsuit in advance, and prepare the letter of determination of traffic accident liability and other evidence to file a civil lawsuit in the court where the defendant is located. However, if the hit and run is suspected of being a criminal offence, the victim may file a public prosecution in the procuratorate or submit a statement of civil proceedings incidental to criminal proceedings to the court.
 How to sue and recover damages for the other party's hit and run

1、 How can the other party sue for damages for hit and run?

1. Ready Civil pleading

2. To with Jurisdiction And submit relevant evidence Material Science.

3. Attend on time according to the notice of the People's Court litigation Activities.

4. If not first instance The judgment or ruling shall be made after receiving judgment Within 15 days or 10 days after receiving the ruling, appeal to the original people's court or the people's court at the next higher level, and submit the petition of appeal.

2、 What is the punishment standard for hit and run?

1. If the hit and run does not constitute a crime, he shall be fined not less than 200 yuan but not more than 2000 yuan and may also be detained for not more than 15 days.

2、 traffic accident If a crime is constituted, if a person escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to not less than three years but not more than seven years fixed-term imprisonment If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

3. If the hit and run constitutes a crime, the traffic management department of the public security organ shall revoke the motor vehicle driving license, and may not obtain a new motor vehicle driving license for life.

3、 Hit and run mention civil suit collateral to criminal proceedings What are the conditions of?

(1) The prosecutor meets the legal conditions;

(2) There is a clear defendant;

(3) There are specific requirements, facts and reasons for claiming compensation;

(4) It falls within the scope of the people's court to accept incidental civil actions.

4、 Damage of hit and run Compensation standard How many?

1. The compensation standard for vehicle traffic accidents depends on the specific circumstances of each case. The amount of compensation varies with the injury caused by traffic accidents.

2. According to the Supreme People's Court Personal injury Interpretation of Several Issues Concerning the Application of Law to Cases, the main compensation items for personal injury caused by traffic accidents are Disability compensation , spiritual consolation Medical expenses . Lost time expenses, hospital board allowance Nursing expenses , was raise Living expenses, transportation expenses and other major items.

3. The parties concerned need to pay attention to collecting after the traffic accident Certificate of Traffic Accident Medical records, medical expense invoices and lists, personal income certificates Residence certificate , household registration of family members, transportation fees and other evidence for application in litigation.

Hit and run is a serious illegal act, so after the other party hit and run, you can't sue first, you should call the police first, How to prosecute the other party for hit and run This problem cannot be generalized, for example, there is no composition criminal offence If the victim needs to file a civil action, which has constituted a criminal offence, it can be handled directly by means of criminal incidental civil action.


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