How to Identify Escape in Traffic Accidents

I Escape in traffic accident How to determine

The determination of hit and run depends on the following circumstances:

(1) The person who caused the accident knows that he caused traffic accident 。 That is, when the actor escapes, he must know that his behavior has led to the traffic accident, which is the subjective cognitive factor of the actor.

(2) Subjectively, it is to avoid accident responsibility and legal investigation.

(3) Objectively, he fled the scene of the accident and did not report the case to the public security organ.

《 criminal law 》Article 133

Violation of traffic and transportation management statute In case of a serious accident resulting in serious injury, death or heavy loss of public or private property, the penalty shall be less than three years fixed-term imprisonment perhaps 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、 How to Convict Traffic Accident Cheating Insurance

The composition of traffic accident insurance fraud Crime of insurance fraud And be convicted and punished for the crime of insurance fraud. Whoever commits insurance fraud, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be sentenced to not less than 10000 yuan but not more than 100000 yuan fine ； If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan.

Article 198 of the Criminal Law of the People's Republic of China

Whoever commits insurance fraud under any of the following circumstances, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 10000 yuan but not more than 100000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan or Confiscation of property ：

（1） An applicant deliberately fabricates the subject matter of the insurance and defrauds insurance money;

（2） An applicant, an insured or a beneficiary defrauds insurance money by fabricating false reasons for the occurrence of an insured accident or exaggerating the extent of losses;

（3） An applicant, an insured or a beneficiary defrauds insurance money by fabricating an insurance accident that has not occurred;

（4） An applicant or an insured defrauds insurance money by deliberately causing an insured event that causes property loss;

（5） The applicant and the beneficiary intentionally cause the death of the insured permanent disability Or defrauding insurance money due to illness.

If a person commits any of the acts listed in sub paragraphs (4) and (5) of the preceding paragraph, which also constitutes another crime Combined punishment for several crimes The punishment specified in.

If a unit commits the crime mentioned in the first paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years.

Where an appraiser, witness or property appraiser of an insurance accident intentionally provides false supporting documents to provide conditions for others to defraud, he shall be regarded as an accomplice in insurance fraud and punished.

3、 How to determine the defendant in a traffic accident

In the case of motor vehicle traffic accidents, the following can be regarded as defendants:

1. Vehicle users (accident drivers). As the direct infringer of a traffic accident, the user of a motor vehicle, that is, the driver who caused the accident, shall be listed as the defendant.

2. The owner, transferee (actual owner) or manager of the motor vehicle. The owner and manager of a motor vehicle shall be deemed to be at fault for the occurrence of the damage under any of the following circumstances:

(1) Know or should know that the motor vehicle has a defect, which is one of the causes of the traffic accident;

(2) Know or should know that the driver has no driving qualification or has not obtained corresponding driving qualification;

(3) Know or should know the country where the driver drinks or takes alcohol control Those who are unable to drive motor vehicles according to law, such as psychotropic drugs or narcotic drugs, or those who suffer from diseases that hinder the safe driving of motor vehicles.

If the damage caused by a traffic accident due to the transfer and delivery of a motor vehicle between the parties by means of sale or other means without registration is the responsibility of one of the motor vehicles, the transferee shall be liable for compensation.

3. Insurance companies. Compulsory traffic insurance And commercial tripartite insurance belong to liability insurance, and the subject matter of the insurance is the legal liability of the insured to the third party. Therefore, the insurance company that underwrites compulsory traffic insurance and commercial tripartite insurance is the subject of liability for compensation for traffic accidents, and should naturally be listed as the defendant.

4. Special circumstances. If a traffic accident occurs during the test ride of a motor vehicle and causes damage to the test rider, the person who provides the test ride service shall be liable for compensation.

Theft 、 Robbery Or if the robbed motor vehicle causes damage in a traffic accident, the thief, the robber or the snatcher shall be liable for compensation, and the owner or manager of the motor vehicle shall not be liable for damages. If the thief, robber or snatcher is not the same person as the user of the motor vehicle, and the damage is caused by a traffic accident, the thief, robber or snatcher and the user of the motor vehicle shall Assume joint and several liability 。

《 Civil Code 》Article 1209

If the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing and other circumstances, and the damage caused by a traffic accident belongs to one party of the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of a motor vehicle is at fault for the occurrence of damage, he shall bear the corresponding liability for compensation.

Through the contents of the above article, we have a certain understanding of how to identify the problem of escape in traffic accidents. It is suggested that you can learn more about this aspect legal knowledge Can use legal weapons to protect their legitimate rights and interests when encountering legal problems. For the questions in the above article, if you still don't know what you need to know, you can directly click the "Ask Now" button below and lawyer Communicate online.