The act of escaping after a traffic accident shall be handled separately according to different situations:
1. If he escapes after a traffic accident and does not constitute a crime, the public security organ shall impose a fine of not less than 2,000 yuan on 200 yuan, and may also impose a detention of not more than 15.
2. If a serious traffic accident occurs, which constitutes a crime and does not escape, the public security organ shall, in addition to pursuing criminal responsibility according to law, revoke the motor vehicle driver's license.
3. If a serious traffic accident occurs, which constitutes a crime and escapes, the public security organ shall revoke the motor vehicle driver's license in addition to investigating criminal responsibility according to law, and shall not re-obtain the motor vehicle driver's license for life.
Second, the relevant provisions of the traffic accident escape
Road Traffic Safety Law of the People's Republic of China
Article 101 If a serious traffic accident occurs in violation of the provisions of laws and regulations on road traffic safety, which constitutes a crime, criminal responsibility shall be investigated according to law, and the traffic administrative department of the public security organ shall revoke the motor vehicle driving license.
If a person escapes after a traffic accident, the traffic administrative department of the public security organ shall revoke the motor vehicle driver's license and shall not re-obtain the motor vehicle driver's license for life.
Regulations of the People's Republic of China on the Implementation of Road Traffic Safety Law
Article 92 If a party escapes after a traffic accident, the escaping party shall bear all the responsibilities. However, if there is evidence that the other party is also at fault, the responsibility may be reduced. If a party intentionally destroys or forges the scene or destroys evidence, it shall bear full responsibility.
After a traffic accident, if the actor refuses to bear the liability for compensation, the injured party may defend his rights by filing a civil lawsuit.
Step 1: Identify who to sue.
In litigation, "who to sue" is a very important issue. If you sue the wrong person, it will not only waste time, manpower and financial resources, but also fail to achieve the purpose of claiming compensation. On the issue of "who to sue", we must first look at who owns the driving license of the vehicle driven by the other party at the time of the accident. If it's the driver himself, sue him directly. If the vehicle has other owners, the driver and the owner can be prosecuted together with the defendant as * * *. If the owner is a unit, you can take the unit to court as a defendant.
Step 2: Obtain evidence.
The traffic management department of the public security organ is the statutory organ that determines road traffic accidents. Although the road traffic accident responsibility confirmation issued by it should be cross-examined by the parties and cannot be used as the basis for the court to determine the facts of the case, it is still of great significance to prove the degree of responsibility of both parties in the lawsuit as an important evidence for handling traffic accident disputes. After the case is brought to the court, the court will of course determine the responsibility of the accident according to the facts investigated by the court, and the scope of the investigation is not limited by the responsibility confirmation letter of the public security organ. However, under normal circumstances, in the absence of conclusive evidence to overturn the contents of the letter of responsibility, the court will accept the confirmation of the letter of responsibility from the public security organ and determine the responsibility of the parties on this basis. Therefore, when the parties get the accident liability confirmation from the traffic team, they must carefully read the contents of the liability confirmation. If you are not satisfied, you should apply for reconsideration to the public security organ at the next higher level in time.
Step 3: Reasonable compensation.
In traffic accident dispute cases, the compensation issues involved generally include property damage compensation and personal damage compensation. The scope of compensation for property losses mainly includes: repair costs; Loss of cargo on board. Repair fee: according to the reasonable amount on the repair invoice, if the vehicle has been scrapped, it shall be compensated at a discount; The damage to the articles in the car in the accident shall be compensated according to the actual loss.
The items of personal injury compensation mainly include: medical expenses; Lost time; Hospitalization food allowance; Nursing expenses; Living allowance for the disabled; Disability appliance fee; Funeral expenses; Compensation for death; Living expenses of the dependents; Transportation expenses; Accommodation or something. Among them, the lost time fee includes two parts, one part is the lost time fee caused by the party's inability to go to work during medical treatment and hospitalization, and the other part is the lost time fee for dealing with the aftermath of traffic accidents.