A man's car was stolen in Hunan, but the thief took it to court, demanding that the owner pay 111,111 yuan.
A bad thing happened to Mr. Xu in Yueyang, Hunan. His car was stolen, but what happened next shocked him even more. He was sued by the car thief, who asked him to pay hundreds of thousands of medical expenses. One night, Mr. Xu found that his motorcycle was stolen, and his father's passbook and ID card were still in the car. Mr. Xu realized that he was in big trouble! So he immediately called the police.
after calling the police, Mr. Xu is still worried. Although the hope is slim, but in line with the idea of a dead horse as a living horse doctor, Mr. Xu still drove his own car to the streets to find it. In this way, Mr. Xu wandered around the road for more than an hour and found nothing. Just as he was about to give up, Mr. Xu suddenly saw a very familiar motorcycle passing by. He looked intently. Isn't this his own car with the same license plate?
You really have no place to find the iron shoes. It's no trouble to get them! Mr. Xu caught up with the accelerator. After catching up with the motorcycle, Mr. Xu put down the window and shouted at the thief: put down my motorcycle and don't run! The thief panicked and immediately accelerated his escape. Not to be outdone, Mr. Xu accelerated to catch up and reported to the police while chasing. A "cat and mouse" war was staged in the street.
Unexpectedly, an accident happened at a corner. Because the speed was too fast, Mr. Xu's car crashed into the motorcycle driven by the thief from behind. The thief fell directly from the motorcycle and landed on his head first, which was very serious and cost hundreds of thousands of medical expenses. Soon, the thief was sentenced to 1 years and 9 months in prison by the court for theft and fined 21,111 yuan.
Mr. Xu thought the matter had come to an end. But what he didn't expect was that the thief filed a lawsuit in court after he was released from prison, demanding that Mr. Xu compensate for medical expenses and other losses. The reason why the thief sued Mr. Xu was because after the accident, the traffic police decided that Mr. Xu was the main responsibility for the traffic accident and the thief was the secondary responsibility.
Mr. Xu thinks that he didn't deliberately hit the thief at that time, but he just wanted to stop him. But instead of stopping, the thief drove faster and faster, which would lead to the accident. What's more, there is nothing wrong with chasing a car thief himself. Why should he lose money? Finally, how did the court judge < P > Why did the traffic police think that Mr. Xu was mainly responsible for the accident?
after a traffic accident, the traffic police usually go to the scene to investigate and collect evidence to confirm whether the parties have violated the traffic rules, and then determine the responsibilities of the parties according to their respective violations and the severity of their faults. According to the law, the following car must keep a necessary safe distance from the preceding car. In this case, Mr. Xu did not keep a necessary safe distance from the motorcycle driven by the thief, which caused a traffic accident and rear-ended the motorcycle. Therefore, the traffic police determined that Mr. Xu was mainly responsible for the accident.
The identification of traffic police takes into account the fact that the thief was at fault for the accident, which is in line with the law. Because "full responsibility for the rear-end collision" has long been a * * * knowledge.
does Mr. Xu need compensation for the loss of the thief?
Mr. Xu chased the thief while driving, and accidentally rear-ended the motorcycle driven by the thief, causing a traffic accident and injuring the thief. Mr. Xu's behavior caused the thief to be injured, and there was fault in the accident, which met the constitutive requirements of tort liability. It seems that it makes sense for the thief to let Mr. Xu compensate. But the problem is that Mr. Xu chased and stopped the car driven by the thief, with the purpose of stopping the crime and recovering his own property. The thief's behavior of driving away is still an infringement on Mr. Xu's property. Therefore, Mr. Xu's behavior belongs to justifiable defense.
finally, the court found that Mr. Xu was not liable for compensation, and the judgment rejected all the claims of the thief. Although the process of this case is tortuous, the result is just, and illegal crimes will pay the price!