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The driver who caused the accident was fully responsible, and insisted that he had lost you money, but he didn't give you money, which is easy to do.
First of all, the money is not something he says he will give, if he can't provide the transfer record or your receipt, what he says verbally is useless;
Secondly, if he always insists, then call the police directly, and the police will find a way to deal with it, not to scare him;
Finally, if the police can't solve it, then it can be resolved directly through the court, and civil disputes can be defended through legal means;
In short, it is not okay to cheat, it is troublesome.
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This is simple, let him provide the transfer record, if he said to give cash, then let him provide the receipt you wrote for him, if he can't provide it, it is equivalent to not accompanying you money.
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Why didn't you call the police? Is there a record of the original accident scene? There is no basis for empty talk.
No, you can't, unless you have a camera or there are a lot of people at some intersections, otherwise it's not easy for you to get money. The driver you described said that he would give you money but never gave it means that he has a character problem.
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Direct alarm handling. There is no basis for talking, and no matter how much you say, it is a waste of saliva and just a dispute. The police will ask him to provide written documentation to prove that he has lost money. If you don't cooperate and don't deal with it, the police can detain the car.
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In this case, the driver should come up with strong evidence, for example, he gave you money, and you gave him a receipt to prove that he had given you money, if you can't get it, you can go to the court to sue him, the court is evidence-oriented, and will help you get the money.
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Let him show you the evidence of the money, and then you can call the police, and the police will do it.
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If you lose money, you have to have evidence, let him show you evidence, if not, it is not given. If you don't give it to you again, you will sue him and solve it through the law, and it can only be the law to deal with such a scoundrel.
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Then let him provide the transfer record, the electronic transfer has an electronic transfer record, the payment of cash will generally have a receipt, if there is no receipt, you let him take out some other supporting evidence, such as evidence of cash withdrawal, cash withdrawal is recorded, check and monitor or something, there is no evidence and no payment.
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It's useless for him to just say it, does he have evidence? If there is no evidence, he will have to pay you money, there is no transfer record, or receipt, he said it is useless, no, he can sue.
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This can be done through legal means. Forensics. In that case. There are five ways for him to escape. That would be subject to the law's own discretion.
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Losing money, he should give evidence. There is no evidence, so to speak, it was not given!
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Ask him to show the transfer record.
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There is a dashcam that can record it.
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The perpetrator can be consulted or appealed to the court. If the perpetrator is fully responsible and cannot afford compensation, he shall first negotiate with the owner of the vehicle causing the accident, and if the negotiation is successful, let the owner of the accident pay in installments. However, if the installment payment still cannot be performed on time, the court can be applied to let the owner of Che Han quietly use his existing property to pay off the debt, and the court can also enforce the debtor's property for compensation by freezing, sealing and other negotiation methods.
If the negotiation fails, the victim may file a lawsuit with the court and apply to enforce the perpetrator's existing property after the court decision. If the perpetrator does not have enforceable property, the victim can apply to the court for enforcement at any time if he discovers that he has property later. You will be fully responsible for the following four situations.
1.Rear-end collision with the vehicle in front (rear-end traffic accident caused by the rear vehicle hitting the moving front vehicle, the rear vehicle bears full responsibility). 2.
Accidents occur when changing lanes. 3.Traffic accidents occur in reversing or rolling (rear-end traffic accidents caused by the front car reversing or rolling and hitting the rear car, and the front car bears full responsibility for the accident).
4.Collision and scraping occurs when entering a motorized lane from an off-road or non-motorized lane. Legal basisArticle 1187 of the Civil Code: After the occurrence of damages, the parties may negotiate the payment method of compensation.
where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees. Article 1213 Where damage is caused by a traffic accident involving a motor vehicle and is the responsibility of one of the motor vehicles, the insurer underwriting the compulsory insurance of motor vehicles shall first compensate within the limits of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
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If the applicant applies for compulsory enforcement and still fails to perform his obligations within the limited time limit, the court will freeze or bury the property of the driver who caused the accident to compensate for the delay and if it is found that the driver has other property, it may request the people's court for enforcement at any time.
Extended Materials] I. Article 133 of the Criminal Law Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
2. First of all, according to Article 133 of the Criminal Law of the People's Republic of China, a person who violates the laws and regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
3. Furthermore, according to the relevant provisions of the "Notice of the Supreme People's Court on the Handling of Road Traffic Accident Cases in Strict Accordance with Law", he shall be investigated for criminal responsibility in accordance with the provisions of Article 113 of the Criminal Law. 1.
In any of the following circumstances, a sentence of up to three years imprisonment or short-term detention is to be given: causing the death of one person or the serious injury of three or more persons; seriously injuring one or more people, the circumstances are heinous and the consequences are serious; The starting point for direct losses of public or private property is between 30,000 and 60,000 RMB.
4. 2) In any of the following circumstances, it may be viewed as "especially serious circumstances" and a sentence of between three and seven years imprisonment is to be given: causing the death of two or more persons; The amount of direct losses caused to public or private property is between 60,000 and 100,000 RMB. (3) In any of the following circumstances, and in accordance with 1
or (b) in accordance with the provisions of 1or (2) provides for heavier punishments: committing the crime of causing a traffic accident, absconding in fear of the crime, or intentionally destroying or falsifying the scene, destroying evidence, or concealing the truth of the accident and blaming others; drunk driving; driving a vehicle without a licence; Driving knowing that a key component of a motor vehicle is out of order; There are other particularly heinous circumstances.
5. On the basis of the provisions of paragraph 1 of Criminal Law article 67 on voluntary surrender: "Those who voluntarily surrender after committing a crime and truthfully confess their crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment.
Of these, where the crime is relatively minor, punishment may be waived. "There are two conditions that must be met for voluntary surrender in a traffic accident, on the one hand, that you must voluntarily surrender after the traffic accident, and on the other hand, you must truthfully confess your crime.
6. A number of regulations on the rapid disposal of accident scenes promulgated a few days ago further refine the operating procedures for the parties to withdraw from the scene of the accident, and at the same time clarify 20 situations in which the perpetrator should bear full responsibility for the accident, providing a strong basis for the parties to clarify their responsibilities for the removal of the scene as soon as possible.
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Legal analysis: Full responsibility for traffic accidents is a civil lawsuit, and there is generally no prison sentence if there is no money to compensate. If you apply for compulsory enforcement, if you are still unable to perform your obligations within the time limit set by the false Zheng, the court will freeze and allocate the property of the driver who caused the accident to compensate the other party, and if it is found that the driver has other property, you can request the people's court to enforce it at any time.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.
After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.
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