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According to the actual situation, the victim may require the infringer to bear the liability for compensation for the property tort of the car being deliberately scratched, and the property loss shall be calculated according to the market at the time of the loss or other means. 。In addition, according to the circumstances of the infringer's scratching of the car, it may be a violation of the administration of public security, and it may also be suspected of a criminal offense.
Relevant laws and regulations: Article 19 of the Tort Liability Law of the People's Republic of China Where the property of others is infringed, the property loss shall be calculated according to the market or other methods at the time of the loss. 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.
Law of the People's Republic of China on Public Security Administration Punishments》 Article 26: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting; (2) Chasing or intercepting others; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking trouble.
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If the car is parked in the community and is scraped by others, the way to deal with it is that the person concerned may report the case to the public security organ, and the public security organ will conduct an investigation and give the offender a corresponding public security punishment; The injured party may demand corresponding compensation from the offender.
Legal basis] Article 49 of the Law of the People's Republic of China on Public Security Administration Punishments.
Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
Article 77.
Public security organs shall promptly accept and register cases of violations of the administration of public security transferred by other administrative departments and judicial organs for persons who have voluntarily surrendered, as well as cases of violations of the administration of public security transferred by other administrative departments or judicial organs.
Article 78.
Where after a public security organ accepts a report, accusation, report, or surrender, finds that it is a violation of the administration of public security, it shall immediately conduct an investigation; Where it is found that it is not a violation of the administration of public security, the person making the report, the accuser, the informant, or the person who surrenders shall be notified, and the reasons shall be explained.
Article 1184 of the Civil Code.
Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.
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You contact the other car owner or insurance company to their designated repair shop or 4S shop. You can bring the liability certificate issued by the traffic police and the compulsory insurance policy of the car, driving license, and driver's license.
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Someone else scraped your car, then you can ask the other party to compensate you for your losses.
If the other party is willing to take the initiative to take responsibility, then you just need to ask the other party to repair your car.
You are very correct to call the police to deal with this practice.
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It shows that the traffic police have a record of this matter, and if the two parties do not negotiate well, you can call the police again and ask the traffic police to come to the scene to deal with it, which is your right.
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If someone closes your car, first of all, you can establish a private discussion, if you can't get a consensus, then we can only enter the insurance value and the official treatment, and then in the process of adjusting the whole thing, and then give the corresponding official solution.
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Hello. There is a subrogation in the insurance process.
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In this case, you can urge the other party to pay the money quickly, so that you can repair the car as soon as possible.
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If you accidentally scrape someone else's car while driving, and the owner is not there, you should do the following:
1. First get out of the car to observe the scratching situation, and then take a ** at the front and rear of the car to keep evidence.
2. See if the other party's vehicle is illegally parked, if the other party's vehicle is illegally parked, scrapes someone's car, and wants to take their own scratch insurance, then you need to call the police, because the other party is not fully responsible.
3. If there is monitoring, if it is photographed, it is impossible to escape, and the owner of the car will call the police, and compensate for the losses of others, and bear legal responsibility if it is serious.
4. If you are not in a hurry to deal with other matters, write your ** number to a note and put it in the wiper of the other party's vehicle, and then negotiate to solve it.
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1. Generally speaking, the car is scratched, which is the best way. Secondly, learn to have a good driving record. You can see the license plate number at a glance and dial 110 directly.
The police can contact it. They can find the driver through the Internet system. We just need to provide evidence and hand everything over to the police 2, in general, there is a scratch in the parking lot, ** and it runs away.
Many people feel unfortunate and solve this problem on their own. In fact, after the car in the parking lot is scratched, the caretaker should take some responsibility, i.e. the person in the parking lot needs to help us cover part of the cost of the damage. Because they usually insure with insurance companies, the money is not what they say and there is no doom of refusing to pay compensation.
3. If the vehicle is scratched in the parking space of the community, the first thing to look at is the trillion contract signed with the property to see if there is the corresponding responsibility, and then you can find the distribution demand of the property. If there is a camera in the parking lot, find the property manager in time to get it**. If you don't have such an instrument, it's best to find out what to do with a nearby store or passerby.
If the car scrapes badly, you'd better call the police.
The first step: call the police, wait for the traffic police to go out and determine the responsibility, second, call the insurance company to open the third to 4s to dismantle and inspect the damage, and the fourth can be repaired after the damage is determined.
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