How to identify a vehicle accident falsification scene

Falsifying traffic accidents refers to the act of faking traffic accidents and faking the scene to defraud insurance money by faking traffic accidents that did not occur. There was no traffic accident in the first place, so I went to create one myself; Or after a traffic accident occurs, moving the vehicle or modifying the scene for the purpose of evading legal responsibility is a forgery of the traffic accident scene. According to the provisions of the Insurance Law of the People's Republic of China and other relevant laws and regulations, if the policyholder, the insured or the beneficiary commits any of the following acts, and the insurance fraud activities do not constitute a crime, they shall be given administrative punishment in accordance with the law:

1) The policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance money; (2) Fabricating an insured accident that has not occurred, or fabricating a false cause of the accident or exaggerating the extent of the loss, to defraud the insurance money; (3) Intentionally causing an insured accident and fraudulently obtaining insurance money. Where an appraiser, evaluator, or certifier of an insured accident intentionally provides false supporting documents to provide conditions for the policyholder, insured, or beneficiary to commit insurance fraud, punishment shall be given in accordance with the provisions of the preceding paragraph. Legal basis:

Article 176 of the Insurance Law of the People's Republic of China Where the policyholder, the insured or the beneficiary commits any of the following acts and engages in insurance fraud activities, which does not constitute a crime, an administrative penalty shall be imposed in accordance with law: (1) The policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance money; (2) Fabricating an insured accident that has not occurred, or fabricating a false cause of the accident or exaggerating the extent of the loss, to defraud the insurance money; (3) Intentionally causing an insured accident and fraudulently obtaining insurance money. Where an appraiser, evaluator, or certifier of an insured accident intentionally provides false supporting documents to provide conditions for the policyholder, insured, or beneficiary to commit insurance fraud, punishment shall be given in accordance with the provisions of the preceding paragraph.

After receiving the report of the vehicle accident, the traffic police team shall investigate the accident scene, take pictures, fix and extract traces and physical evidence, and restore the accident process.

The main means of identifying the scene of an accident are evidence, including video recordings of the scene, witness testimony, physical evidence of traces at the scene, and conclusions of physical evidence.

Paragraph 2 of Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law stipulates that a party who intentionally destroys, falsifies the scene, or destroys evidence shall bear full responsibility.

This depends on the experience of the certified person.

Judging from the situation at the scene, it is not true that it is true, and in order to defraud the insurance, the two drivers created a "traffic accident scene". As a result, they were debunked by experienced police officers, who not only did not receive insurance compensation, but also were punished by law.

Recently, the traffic police brigade of the Guiyang Municipal Public Security Bureau received a report that an accident occurred in Xiaoguan, Guiyang City, and the police quickly rushed to the scene.

The driver, Jiang, said that due to slippery downhill roads and improper operation, his Ford collided with a BMW, causing serious damage to both vehicles. Jiang and Liu, both sides of the accident, emphasized again: "The car has been moved away from the scene, and the police only need to issue an accident certificate, and we will take insurance."

The police did not listen to their words, but carefully surveyed the scene and asked them to restore the scene. When comparing the traces, the police found that the damage of the two vehicles was quite different from the situation at the scene, and there was no connection between the traces of the vehicle accident, so it was judged that they had faked the scene.

At first, Jiang and Liu denied it, but in the face of a large amount of evidence and facts, they had to admit that they had falsified the facts of the accident scene for insurance fraud. It turned out that Liu's BMW was damaged in a collision with a large truck in Xifeng a month ago, and because the vehicle had not been insured at that time, it could not be compensated. So Liu found his friend Jiang, and it happened that Jiang's Ford car hit a guardrail on the highway a few days ago, causing serious damage to the front of the car, and the car was insured.

The two hit it off and deliberately created a "crash" scene to achieve the purpose of defrauding insurance compensation. In this regard, the Guizhou branch of Tianan Insurance decided to refuse to pay compensation and "terminated the insurance contract and did not refund the basic premium" to Jiang.

At present, the two drivers have been transferred to the public security organs for further processing.

Falsifying the scene of an accident shall be subject to administrative punishment as follows: Where the perpetrator falsifies, conceals, or destroys evidence, or provides false testimony or falsely reports the circumstances of the case, thereby influencing the administrative law enforcement organ's handling of the case in accordance with law, he shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan.

Legal basis:

Article 60 of the Law on Penalties for the Administration of Public Security.

Those who commit any of the following acts are to be detained for between 5 and 10 days and fined between 200 and 500 RMB

1) Concealing the concealment of the paulownia counterfeiting, transferring, selling, or destroying property that has been seized, sealed, or frozen by the administrative law enforcement organs in accordance with law;

2) Fabricating, concealing, or destroying evidence, or providing false testimony or falsely reporting the circumstances of a case, influencing the administrative law enforcement organs' lawful handling of cases;

3) Harboring, transferring, or selling on behalf of the Ming Bureau knowing that it is stolen goods;

4) Convicts who have been lawfully subject to controlled release, deprivation of political rights, or who are on probation or temporarily serving their sentence outside of prison, or who have been subjected to criminal compulsory measures in accordance with law, have conduct that violates laws, administrative regulations, or the supervision and management provisions of relevant departments.

Legal analysis: In the case of intentional destruction and falsification of the scene, the full responsibility for the traffic accident shall be borne. If the full responsibility is added to the death of one person, the crime of causing a traffic accident is constituted.

After investigation, the traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the party's behavior in the traffic accident and the severity of the fault: if the traffic accident is caused by the fault of one party, it shall bear full responsibility; If the party escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; Where a party intentionally destroys, falsifies, or destroys mold silver evidence, it bears full responsibility. Nuclear code block.

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.

Where the parties deliberately destroy, fabricate the scene, or destroy evidence, they bear full responsibility.

If the traffic police force is responsible, it can report the problem to the higher authorities, and if it is really not possible, it can also sue the traffic police force and the party responsible for the accident.

In the event of a traffic accident and the issue of compensation, it is possible to entrust the insurance company to help you deal with it, but you must sign an entrustment agreement with the insurance company.

The main process of car accident insurance claim settlement includes: reporting, investigation and damage assessment, signing and reviewing claim documents, adjustment and review, approval, compensation settlement and other steps.

1. How to sentence 5 people who died in a traffic accident.

In the case of a traffic accident that results in the death of five people and the person bears full responsibility, it is a serious situation where the circumstances of the traffic accident are heinous, and the sentence is not less than three years but not more than seven years imprisonment.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

Article 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

Article 4: In any of the following circumstances, a traffic accident shall be classified as "having other particularly heinous circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years

1) Where two or more persons are killed or five or more persons are seriously injured, and they bear full or primary responsibility for the accident;

2) Where six or more people are killed, and they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 600,000 yuan or more.

2. What is the third phase of a traffic accident level 9?

The "three periods" in the third-stage appraisal of traffic accidents refer to the period of lost work, the period of nutrition, and the period of nursing. With the conclusion of the "three-stage appraisal" issued by the appraisal agency, the victim can claim compensation for the loss of lost work expenses, nursing expenses and nutritional deficit expenses.

1. Lost time pay. It is determined based on the victim's lost time and income status.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. Where the victim has no regular income, it is calculated on the basis of the average income of the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

2. Nursing expenses. It is determined according to the income status of the nursing staff, the number of nursing personnel, and the duration of care.

The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years.

3. Nutrition expenses. Whether the victim needs nutritional supplementation should be determined according to the opinion of the ** hospital or forensic doctor. The standard of payment of nutrition expenses may be determined according to the actual needs of the victim.

1. The consequences of the traffic accident falsification scene.

The act of faking the traffic accident and faking the scene to defraud the insurance money by not having a traffic accident that did not occur. According to Article 176 of the Insurance Law of the People's Republic of China, if the policyholder, the insured or the beneficiary commits any of the following acts, and the insurance fraud is not constituted, an administrative penalty shall be imposed in accordance with law: (1) The policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance money; (2) Fabricating an insured accident that has not occurred, or fabricating a false cause of the accident or exaggerating the extent of the loss, to defraud the insurance money; (3) Intentionally causing an insured accident and fraudulently obtaining insurance money.

Where an evaluator, appraiser, or certifier of an insured accident intentionally provides false supporting documents to provide conditions for the insured person, the insured, or the beneficiary to commit insurance fraud, punishment is to be given in accordance with the provisions of the preceding paragraph.

2. What is the crime of falsifying the scene of the crash?

If the scene is falsified after the crash, if it is for the purpose of defrauding insurance, the crimes that may be involved include the crime of insurance fraud.

Criminal Law of the People's Republic of China

Article 198:[Crime of Insurance Fraud]In any of the following circumstances, where insurance fraud is carried out and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 10,000 and 100,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given, and a concurrent fine of between 20,000 and 200,000 RMB or confiscation of property is to be given

1) The policyholder deliberately fabricates the subject matter of insurance and defrauds the insurance money;

2) The policyholder, the insured or the beneficiary fabricates false reasons for the occurrence of the insured accident or exaggerates the extent of the loss, and defrauds the insurance money;

3) The policyholder, the insured or the beneficiary fabricates an insurance accident that has not occurred and defrauds the insurance money;

4) The insured or the insured intentionally causes an insured accident of property damage and defrauds the insurance money;

5) The policyholder or beneficiary intentionally causes the death, disability or illness of the insured and defrauds the insurance money.

Where the conduct listed in items (4) and (5) of the preceding paragraph concurrently constitutes other crimes, punishment is to be given in accordance with the provisions on combined punishment for multiple crimes.

Where a unit commits the crime in the first paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to five years imprisonment or short-term detention; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given.

Where an appraiser, certifier, or property appraiser of an insured accident intentionally provides false supporting documents to provide conditions for others to defraud, it is to be punished as an accomplice to insurance fraud.