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A traffic accident in a closed community is not a road traffic accident, but it can refer to the road traffic accident handling to make an off-road accident certification. However, any road traffic violations cannot be punished and cannot be relied upon. Therefore, there is no traffic accident escape violation. The essence is a civil dispute that accidentally damages the property of others, and mediation is applicable. Of course, the traffic police still issues a determination of full responsibility for the other party. Generally, the traffic police will not tell him that this is not an escape. I cannot detain you. I will only tell him to pay you back. You can take advantage of the fact that the other party is afraid of being punished by the traffic police and urgently follow You have a private mentality and get the money as soon as possible. If the other party has no money or refuses, he can take the letter of determination for subrogation or go to the court to sue. I personally feel that subrogation is time-saving and labor-saving. During the mediation, the agreement is written, and after negotiation, Party A will voluntarily pay Party B’s vehicle maintenance fees and other losses of xx yuan, and the two parties will not interfere with each other after that. Let’s talk about a case. There was a similar accident in the community where A drove into B’s car. Party B checked the monitoring of the community and found that it was A. B knew that A was rich and that A drank on that day. He found A’s family and asked. Private or public, Party A proposes to private, the transfer of 50,000 yuan is over. After Party B repaired the car for 30,000 yuan, net profit of 20,000 yuan? It’s not that cheap. A asks B to return 20,000 yuan, but B certainly refuses. A goes to the court to litigate. There is no agreement. Of course, the property loss is compensated according to the facts. Ten thousand, Party B is judged to return twenty thousand. Party B refused to accept it and went to the traffic police team to report that A had escaped. The traffic police would not accept it. First, the police did not report to the police in time. The police would not accept the police afterwards for property damage accidents. Second, the community was not a road traffic safety violation. Report drunk driving? Without actual measurement, there is no evidence. Drunk driving in the community is not a road traffic violation. You can apply Guangzhou, the car owner’s omnipotent provocation, if the police station is willing to deal with it. Many comments have misunderstood the road. In my many years of practice, the gated community will not be defined as a road, and its right of passage is not for unspecified social vehicles, but only for the owners of the community. Our country is really too big, and there are local understandings. The understanding of Zhejiang Province where I live should be the same. In the following book, Mr. Du made it clear that open communities belong to roads, and closed communities do not belong to road traffic accidents. It is possible that there are local understandings, or the understanding of the court is different from that of the traffic control department. In practice, the reply was that the closed community did not belong to the road area, including the death of a child in the community, was transferred to the police station to file a case of death due to negligence, not the crime of traffic accident. Finally, there is no need to question my identity as a traffic policeman. There are many traffic policemen and their business is uneven. I think I have a good level of business, and I don’t want to take advantage of it. The general traffic police’s law enforcement is based on three general principles: “Road Traffic Safety Law”, “Road Traffic Safety Law Implementation Regulations”, “XX Province Implementation of the “Road Traffic Safety Law” Measures, the first two things are the same, the final provincial method The basic content is roughly the same. Except for Shenzhen, the penalty amount for traffic violations in the “Shenzhen Special Economic Zone Road Traffic Safety Regulations” is roughly ten times the national level! Not doubling, but ten times! Shenzhen’s penalties for traffic violations are staggering. In addition, provincial capital cities may have their own traffic management regulations. For example, the “Hangzhou City Road Traffic Safety Management Regulations”, which contains Article 28, encourages state agencies, enterprises, institutions, and residential areas to adopt wrong-time parking and other methods to open them to the society. The parking lot (garage) to which it belongs. The specific measures shall be formulated separately by the Municipal People’s Government. This may give a different understanding of the definition of residential parking and roads. Most prefecture-level cities in the country have no legislative power, and the road is defined by the General Road Traffic Safety Law.


By zhiwo

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8 months ago

The “Road Traffic Safety Law” clearly stipulates: “Roads” refer to highways, urban roads and places where social motor vehicles are allowed to pass despite the unit’s jurisdiction, including squares, public parking lots and other places used for public passage. From the legal provisions of the above roads, it is obvious that the legal nature of the road is public, and it belongs to “XX places used for public passage. Traffic regulations Article 97 A vehicle has a traffic accident outside the road, and the traffic management department of the public security organ receives a report. , Refer to the provisions of the Road Traffic Safety Law and these Regulations. The State Council, as the executive organ of the highest authority, as the highest administrative organ of the country, is second only to the law in the effectiveness of administrative regulations. In addition, the Road Traffic Safety Law also clearly authorizes: Other specific regulations related to road traffic shall be stipulated by the State Council. As a result, Section 2 of the Road Traffic Regulations in Chapter 4 of the Implementation Regulations of the Road Traffic Safety Law clearly stipulates that: Motor vehicles should drive at low speeds to avoid pedestrians; if the speed limit signs, follow the speed limit signs. The administrative regulations put the roads in the unit’s courtyard and residential quarters in the chapter “Road Traffic Regulations” to specify specific regulations on the “Motor Vehicle Traffic Regulations”. The roads in the unit’s courtyard and the community have been interpreted as roads in the Road Traffic Safety Law. We must have “road” self-confidence. There is no doubt that there are many relevant ones, so I won’t list them one by one.

8 months ago

Don’t talk about right or wrong, just talk about how to deal with it. I will list as many processing methods as possible for your reference. One, the other party cooperates. 1. It is not ruled out that the other party really did not notice the possibility. Maybe someone is anxious for something, and then plans to come back to deal with it after the busy schedule. In this case, do not move the vehicle first, contact the other party, restore the scene within 24 hours, and then ask the other party to call the insurance company. Generally speaking, the insurance company will deal with it as appropriate. After reporting the insurance, go to each 4S and repair each car. As for the loss of work expenses, transportation expenses, and car discounts during the period, the insurance company will not be responsible, and can only negotiate friendly privately. 2. Although the other party cooperates, but the insurance is overdue, the other party is not insured, the insurance refuses to pay, etc. In this case, the loss can only be determined by 4S, the repair amount and items are confirmed item by item, whether there is any objection, and then the price Compensation. Generally speaking, everyone will have the psychology of preventing extortion. In this case, you can suggest that the other party directly pay the repair money to 4S. If there is really a refund or other reasons, most 4S Only support the return of the same way, that is, whoever paid the money, and who will be returned. Second, the other party does not cooperate, but you have insurance. 1. Preliminary confirmation of loss, car damage insurance-can not find a third-party special insurance, you can pay directly, but there will be a limit, some are five thousand, some are three thousand, different insurance companies have different regulations, if the limit is exceeded, it needs to be issued by the traffic police. Unable to find a third-party certificate. 2. Subrogation recovery. Send a text message to the other party to prove that the other party does not cooperate, and then take the other party’s liability certificate issued by the traffic police, make an insurance call, and let the insurance company replace you to find the other party to recover the loss. However, whether you use your insurance directly or subrogation, it is necessary to calculate the number of times you are in danger at one time. Third, if the other party does not cooperate, you have no insurance. There is no other way to sue. Appraisal and valuation, or take a 4S stamped loss certificate, go to the court to sue. There are many ways, it just depends on how you choose. However, it is better not to have these bad things happen, and travel in a civilized way, which is convenient for you and me.

8 months ago

It is recommended to report to the police, and then the traffic police will divide the responsibilities according to the scene and pay the corresponding compensation according to the responsibility confirmation issued by the traffic police. The specific amount involved needs to be combined with the actual situation. “The Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases” Article 17 of the victim’s personal injury, various expenses due to medical treatment and reduced income due to missed work, including medical expenses, lost work expenses, nursing care The obligor of compensation shall compensate for expenses, transportation expenses, accommodation expenses, hospital food subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the necessary expenses incurred due to increased living needs and the loss of income caused by the incapacity of work, including disability compensation, disability assistive devices, living expenses of dependents, as well as rehabilitation care, continued The person obligated to compensate the necessary rehabilitation expenses, nursing expenses, and follow-up treatment expenses actually incurred in the treatment shall also be compensated. In the event of the death of the victim, the obligor of compensation shall, in addition to the relevant expenses stipulated in the first paragraph of this article, be compensated based on the rescue and treatment conditions, but shall also compensate the funeral expenses, the living expenses of the dependents, the death compensation expenses and the transportation expenses of the victims’ relatives for funeral matters , Accommodation and other reasonable expenses such as lost work loss. “Provisions on Procedures for Handling Road Traffic Accidents” Article 60 The traffic management department of the public security organ shall determine the responsibilities of the parties based on the role of the parties’ actions in the occurrence of road traffic accidents and the severity of their faults. (1) If a road traffic accident occurs due to the fault of one party, it shall bear full responsibility; (2) If a road traffic accident occurs due to the fault of two or more parties, it shall be based on the effect of their actions on the occurrence of the accident and the severity of the fault , Respectively bear the primary responsibility-equal responsibility and secondary responsibility; (3) None of the parties has caused a road traffic accident at fault, and none of the parties is responsible for a traffic accident. If one party intentionally causes a road traffic accident, the other party shall not be liable.

8 months ago

Fleeing after hitting the car in the parking space is regarded as a hit-and-run escape. In order to avoid the law, the person who fled the scene of the accident is a traffic accident escape and is suspected of deliberately destroying property. 1. According to Article 85 of the “Provisions on Procedures for Handling Road Traffic Accidents”: The meaning of the following terms in these regulations: Traffic accident escape refers to the fact that after a road traffic accident occurs, the party involved in a road traffic accident drives or abandons a vehicle in order to avoid legal investigation The act of escaping from the scene of a road traffic accident. 2. Pursuant to Article 275 of the Criminal Law of the People’s Republic of China [Crimes of Intentionally Destroying Property] Intentionally destroying public or private property in a relatively large amount or with other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; the amount is huge; Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. The party concerned can directly seek compensation from the other party’s insurance company to pay compensation for the compulsory property loss by presenting the certificate of identification and the invoices of vehicle damage and maintenance costs, as well as the accident liability confirmation issued by the traffic police. If the two parties cannot reach an agreement on compensation, they can collect evidence and directly sue the other party and the other party’s insurance company.

8 months ago

It is a civil infringement dispute. Don’t panic. Two ways to deal with it are easy: 1. Monitor if the other party’s license plate number is accurately captured, you can obtain the identity information of the other party’s car owner through the traffic police and other departments, and you can go to a regular repair shop to repair the car and issue a repair. Invoice, burn the surveillance video into a CD, write a civil complaint, and go directly to the local court to sue the other party for infringement disputes, and you can claim that the other party compensates you for reasonable losses such as repair costs and transportation costs. 2. To save worry, you can also directly report to the insurance company. The deductible is not included. Of course, the insurance cost in the coming year may fluctuate a little. If you don’t care about the money, you will be finished after repairing the car. If you have the time and energy, you can also sue the other party to claim the floating insurance costs for the coming year. Legal extension: In this issue, the property can provide surveillance video to prove that the property company has fulfilled its obligation to protect the owner’s property and has done a good job of safety precautions. Therefore, it cannot claim compensation from the property company. If you sign a “Parking Space Rental Agreement” with the property company, and the car is scratched in the parking space, if the property company fails to fulfill its safety precaution obligations, for example, it is unable to provide surveillance video after the accident. It can also claim part of the liability for compensation from the property company.

8 months ago

As a former claims adjuster of an insurance company, I will talk about my views. If your car is insured with car damage insurance, it is very simple. The first step is to report to the police. You have done it and wait for the results to come out. The second step is to report for insurance. The third step is to go to the 4S shop to make an order as required by the insurance company. In the fourth step, the insurance company is required to pay in advance. Let the insurance company compensate you first, and then the insurance company will recover the damage from the injured party. This does not require you to participate, as long as you sign some documents and transfer the rights to the insurance company. That’s it. Then you can fix the car and take it away. If there is no car damage insurance, it may be more troublesome. To put it simply, call the police and wait for the result to see if you can find the person who crashed. If you can’t find the person who crashed, you can claim compensation from the property company. To a certain extent, the property company is responsible. The specific proportion of responsibility depends on the judge’s discretion. . If you can find someone, you can negotiate first. If the negotiation fails, it is recommended that you bring the property company to file a lawsuit and ask for joint liability for compensation, so that the judge can determine the proportion of each party’s liability. The reason for this is that in infringement cases, if you can sue one more party without caring about the length of time, you may have a better chance of getting compensation. If you care about the time and want to get an effective judgment as soon as possible, then you must consider The possibility of the subject’s liability and the difficulty of the court sending a subpoena. If the defendant is unlikely to be liable and has lost contact, it is recommended to consider not suing the party. Hope it helps you.

8 months ago

I have had a similar experience, so let’s say it for your reference. Background situation: Coordinates in Yangpu District, Shanghai. Because the community where my home is located is relatively old and small, there are less than 20 parking spaces in total, and there are at least the same number of residents waiting in the queue, so my car is near the community One of the open-air parking lots is reserved for monthly subscriptions, and there are no fixed parking spaces. When my car was parked in the parking lot almost two years ago (2019), an MPV hit the front door on the side of the driver’s seat. The incident happened around midnight, and it took more than 30 hours to find out because there was no use of the car the next day. The following things were done at that time: 1. Call the police, 110 to report to the accident section of the traffic police team in the district; 2. Telephone insurance; 3. Take pictures of the vehicle, including the parking location, surrounding environment and damage; 4. Contact the 4S shop, drive over and let them know how to fix it (because the steel plate of the car door is recessed, and there is a gap between the engineering plastic below, and it rained again in those few days. I was worried that the water would affect the internal circuit, so Anyway, I have to fix it as soon as possible); After the 5,4S shop comes back, I will contact the parking lot management to watch the surveillance video. Because I have always paid the fee very actively, I have a good relationship with the management and they are also very cooperative. Fortunately, there was a camera on the side where the collision was parked that day, so after excluding a few other cars, the car involved in the accident was identified, and the security guard was asked again, saying that the car involved in the accident was not a long stop, but often went to the chess and card room next door to play mahjong , It can be regarded as a frequent visitor, I recorded the license plate of the car that caused the accident, and took the video playback of the incident with my mobile phone. At this point, the evidence collection is complete; 6. Write down the incident, objectively describe it, and print it out. Print out the photos taken before, and report to the district traffic police team together with the video footage. Fill in the form on the spot and attach the evidence to the back. 7. The person who received me was a middle-aged police officer. I showed him the materials and then showed him the video, and he had a judgment. After checking the contact information of the other party through the system, he asked the other party to be present to deal with it. Of course, the other party did not Acknowledging and not wanting to come, the police officer persuaded the other party with his majesty and agreed to see the accident department two days later; 8. Two days later, the three parties arrived together. After reading the evidence, the other party admitted responsibility, but argued that it was raining that night, so there was no Pay attention (but on that day he got out of the car and checked after he was in the car after reversing and crashing), the police officer asked me if I accept this explanation, and if there are any other requests. I didn’t care for myself and let the other party go; 9, the police officer issued a statement. The document, signed by both parties, happens to be that the other party and I are both PICC auto insurance, so the follow-up damage repair claims will be completed according to the process, and there will be no regeneration. To sum up, report the case and fix the evidence before moving the vehicle, collect the evidence sufficiently, state the facts objectively, and trust the police to act.

8 months ago

If it’s me, I’ll keep the evidence first. Anyway, it’s from a community. Then I find the person who crashed my car and show him the evidence. According to the damage to the car, he will be asked to pay compensation, and then the labor costs will be included. , Lost work fee.

The best way to make him lose money. If he denies and does not want to pay compensation, then I have a way, next time I find his car, hit his car, and then cancel each other out.

8 months ago

It’s okay to escape from the accident. It is not too big to cause the accident. Monitoring is better. Hurry up and call the police! My car encountered the same problem as yours. I was seriously injured in the parking space of the community. The perpetrator was our neighbor, but they did not run away. They deleted the surveillance (maybe drunk driving), and bought the traffic police and gave us repairs. car! No compensation for any loss! The car I bought has been in an accident for less than a year! Drag it away and fix it for a month! Not even a compensation! Ha ha ha! I hope they will be crashed by others in the future! Feel what it feels like

8 months ago

This situation is generally reported to the traffic police, and the traffic police may not be in charge. It depends on the specific management scope and method definition of the local authorities. Report to the police if the traffic police doesn’t care. But in your case, neither the traffic police nor the civilian police may come, because the responsibilities are very clear. If there is no dispute, you may be allowed to negotiate and handle it yourself. Only those who cannot negotiate will come forward. When the police came out, he was sentenced to full responsibility, and the other party’s insurance compensation was dealt with, and then compensation for transportation and vehicle damages would be done. You won’t come to catch any escape, and you won’t get more benefits because of his escape. Because this is a garage, it is not a social road, and no one was injured. It did not cause the accident to further expand, so let’s just go ahead and pay as normal.

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