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If the drivers of both parties leave the scene without negotiation, it is a hit-and-run.
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Scraping someone else's car and running away is considered a hit-and-run, and a traffic hit-and-run refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution of Wang Yu.
Article 71 of the Road Traffic Safety Law of the People's Republic of China.
If the vehicle escapes after a traffic accident, the witnesses at the scene of the accident and other persons with knowledge of the accident shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the public security organ's section verification management department shall give a reward.
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Scratching and walking without knowing it is not a hit-and-run. Legal pairs"Hit-and-run after a traffic accident"There are strict conditions for determination, and the premise of constituting a traffic hit-and-run is that the consequences of the accident need to reach the level of constituting the crime of causing a traffic accident, and if the circumstances of the accident caused are slight, there are no personnel, there is no secondary or secondary responsibility, and there is no major property damage, it does not constitute the crime of traffic accident.
[Legal basis].Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Model Cases of Traffic Accidents.
In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed and give way indiscriminately, they bear equal responsibility for the accident.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications.
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.
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Legal analysis: Leaving unknowingly after a car is scratched does not belong to a hit-and-run. Hit-and-run refers to the act of evading legal prosecution when a crime is constituted.
Leaving the scene without knowing the slightest scratch is a desertion fleeing the scene, but it is not a hit-and-run. Even if you don't know it's scratching, you're fully responsible. You should take the initiative to explain the situation to the excavation police, the attitude should be sincere, the compensation is positive, and you can negotiate compensation with the owner.
Legal basis: Article 71 of the Road Traffic Safety Law of the People's Republic of China A vehicle flees after a traffic accident; Witnesses at the scene of the accident and other persons with knowledge of the accident shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the traffic management department of the public security organ shall give a reward.
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Scraping someone else's car and walking away is considered a hit-and-run. Traffic hit-and-run refers to the behavior of a motor vehicle driver fleeing the scene of the accident without authorization while a traffic accident occurs, so that the civil, criminal and administrative liability caused by the traffic accident cannot be determined, and its purpose is to shirk and escape responsibility.
What is the process of suing for a traffic accident and hail.
1. Obtain copies of driver's licenses, driving licenses, and insurance certificates from the traffic police team, and obtain the basic information of the unit from the Industrial and Commercial Bureau;
2. Prepare civil complaints and submit them to the case filing division of the court with jurisdiction;
3. If the court files the case for review and meets the conditions for filing the case, the parties shall be notified to pay the litigation fee within 7 days, and the case shall be filed after the fee is paid.
[Legal basis].Article 101 of the Road Traffic Safety Law of the People's Republic of China.
In violation of the provisions of the Road Traffic Safety Law and regulations, a major traffic accident occurs, constituting a crime, criminal responsibility shall be investigated in accordance with the law, and the traffic management department of the public security organ shall revoke the motor vehicle driver's license.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
Article 102.
For professional transport units that bear the main or full responsibility for more than two major traffic accidents within six months, the traffic management department of the public security organ shall order the elimination of potential safety hazards, and motor vehicles that have not eliminated potential safety hazards shall be prohibited from driving on the road.