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Accidentally scraped someone else's car, he wants to blackmail you 900 yuan, depending on the specific damage area and place of the other party's vehicle, this situation feels inappropriate, directly call the police, the traffic police according to the road conditions on the scene to determine the responsibility on it, there is an insurance company directly insurance company for claims processing does not need personal negotiation processing.
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If you accidentally scratch someone else's car, it's your fault, if you think 900 yuan is too much, then you take her to make up the car. There won't be so many disputes. Who called you a cheap hand?
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You can call the police directly and let the police and insurance companies deal with it best.
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Legal analysis: If someone else's car is rowed, the party who rows the car not only needs to bear civil liability, but also pays civil compensation to the victim. The details are as follows:
1. In the case of scraping someone else's car, if the other party is good at talking or negotiating, then both parties can deal with it through negotiation; 2. If the victim does not accept the negotiation, or the two parties cannot reach an agreement, then the party who scrapes the car can contact the insurance company and let the insurance company judge.
Legal basis: Article 1165 of the Civil Code of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
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Legal analysis: Compensation belongs to civil negotiation, you can negotiate with the other party again, if the negotiation fails, you can choose to sue, and the court will decide.
Legal basis: Civil Code of the People's Republic of China
Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.
Article 1187:After the damage has occurred, the parties may negotiate the method of payment of compensation costs. 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.
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First, the car was deliberately marked by others to solve the problem:
1. Call the police, and the police will come to the door to take pictures, keep evidence, and track down the scratched person.
2. Report the property and cooperate with the investigation of who is the scratcher.
3. Report to the insurance company for compensation according to the situation, and also weigh whether there is an impact on the insurance premium for the next year.
Second, the specific measures.
1.Call the police: Deliberately scratching someone else's car is a bad behavior, so you have to call the police first. The police will come to the door to take pictures and take evidence, they will look at the cameras, and then analyze and track down the injured person.
2.Report the property: If you are scratched in the community, it is recommended to report the property immediately; The property is charged with a car management fee, and the car should be supervised and managed. They will also cooperate with the police to check who the scratch is, and can cooperate with the police to check the camera.
3.Report to the insurance company for compensation according to the situation: if you pay scratch insurance, you can report to the insurance company for compensation, but if you don't pay scratch insurance, you are likely not to be able to make a claim; Even if you can make a claim, you have to weigh whether it will affect your insurance premiums for the following year.
4.Choose the right painting time: It is common for cars to be scratched, and if you paint after each scratch, it will cost you a lot of money to return oranges; For some small scratches, you can buy some sandpaper and car special self-spraying paint to make up for the Shishi paint to prevent rust.
Depending on the degree of damage and the extent of the behavior, the police will do the following:
Intentional destruction of public or private property, where the amount is small and the circumstances are relatively minor, is an ordinary illegal act and shall be detained or given a warning, fined alone or concurrently, and ordered to compensate for losses in accordance with the provisions of the Regulations on Penalties for Public Security Administration.
Intentional destruction of public or private property where the amount is relatively large or the circumstances are serious constitutes the crime of intentional destruction of property. where the amount is relatively large or there are other serious circumstances, a sentence of up to 3 years imprisonment, short-term detention or a fine is to be given; where the amount is huge or there are other especially serious circumstances, the sentence is between 3 and 7 years imprisonment.
If the value of the damage is relatively large, and public or private property is intentionally destroyed, and any of the following circumstances are suspected, a case shall be filed for prosecution: causing a loss of 5,000 yuan or more to public or private property; destroying public or private property three or more times; Gathering three or more persons to openly destroy public or private property; Other situations where the circumstances are serious.
Legal basis
Criminal Law of the People's Republic of China
Article 275:Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.
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Legal Analysis: Take photos for evidence. How to go to the first time of insurance, of course, is to take a photo as the basis for insurance claims.
In the absence of personnel, it is best to take pictures of the accident scene as soon as possible and keep it for later use. Even if there is no third party to blame Jian Ren for the accident, it is a necessary habit to take photos for evidence. **Report.
Call the insurance company**, explain the accident situation, and inform the treatment plan. After taking photos at the scene, move the vehicle to a safe place, call the insurance company where the vehicle is insured**, and explain the accident vehicle, the scene situation, the time and place of the accident, and the operator will inform you of the treatment plan according to the accident situation. For such unilateral scraping accidents, it is necessary to report to the designated damage assessment center first.
Legal basis: Article 22 of the Insurance Law of the People's Republic of China provides that after an insured accident occurs, when the insurer is requested to compensate or pay insurance money in accordance with the insurance contract, the policyholder, the insured or the beneficiary shall provide the insurer with the certificates and materials that it can provide to confirm the nature, cause and extent of loss of the insured accident. If the insurer considers that the relevant documents are clear and the information is incomplete in accordance with the contract, it shall promptly notify the policyholder, the insured or the beneficiary to provide supplementary information in a one-time manner.
Tell you the easiest way, if you are a 360 security browser then there is a translation icon in the upper right corner, you enter the farm and click to show "please ** latest flash plug-in" out of all English, and then click on the translated icon, wait a few seconds Chinese will come out, see after turning off the English page operation, the next steps are the same, only three steps OK, I am in the same situation as you is how to get it, I hope to help you.
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