It should be a basic common sense not to attack personally when encountering drunk driving, unless you are very familiar with and trust each other.
According to the situation mentioned in the title, from a legal point of view, there is indeed a risk of extortion.
For a drunk driver who has an accident, of course, I will try my best to tell you not to call the police when the accident happens. In order to tell you not to call the police, he may offer compensation far higher than your loss, which is called "settlement". For example, if your car only needs to be repaired for 2000 yuan, he will give you 20 thousand yuan to tell you not to call the police. Some people are greedy for money and will choose to accept money without calling the police. Some people even ask for huge compensation directly. In this case, if the other party makes a recording and keeps the transfer record, it is indeed possible to sue you for extortion.
The crime of extortion refers to the act of illegally possessing public or private property by intimidating, threatening or coercing others for the purpose of illegal possession.
The key to extortion is that the purpose is illegal, the means is illegal, and the third is that panic suppresses others.
In traffic accidents, if the compensation demanded by the injured party is obviously higher than the normal standard, and the amount reaches a certain standard by threats, beatings, harassment and other illegal means, it may be suspected of extortion.
The other party changed lanes after drinking and hit me, and compensated me for 20 thousand. Now you accuse me of extortion. Is it true?/You don't say.
Whether it is established depends on the specific circumstances, especially the degree of damage and compensation after drunk driving. Because, if drunk driving is established, the only thing you can do for the victim is to call the police, instead of making a private settlement and making some unreasonable demands for the other party to pay more. If the compensation is within a reasonable range, it may not be a big problem. Otherwise, it will leave serious sequelae.
First of all, from the perspective of drunk driving, whether it is illegal or not, as long as it is drunk driving, it is not only necessary to take full responsibility, but also to be sanctioned by law. In case of such a phenomenon, as long as you call the police, there is no loss for the person who was hit. The key point is that some people who have been hit, because of their great selfish desires, always want to lose more money, and the other party is drunk, so the lion spoke. In this way, it is hard not to let yourself fall into a passive position from the initiative.
If the subject has no legal evidence of the other party's drunk driving, but there is enough evidence to claim compensation of 20 thousand yuan, and it doesn't need such high money to repair the car at all, then the extortion of the subject constitutes. In other words, I was completely active, but now I am completely passive, and I may be investigated for legal responsibility. This is the result of coveting petty advantages. Therefore, I suggest everyone, as long as they are reasonable, not personal, and handle it through the traffic police. Otherwise there will be sequelae.
It is wrong to use drunk driving to solve the problem, and this is not discussed. What is discussed here is that after an accident caused by drunk driving, the injured party may be sued for extortion. Who is most afraid of the police's handling of drunk driving? Generally, it is the personnel of government agencies and institutions. Individual industrial and commercial households are less afraid of freelancing. When they feel that they have to pay too much money, they might as well be punished, and usually they will not agree.
If you want to say that people who drink are prepared from the beginning, they will start recording and recording from the moment they get off the bus, which will induce you to say something and eventually form a complete set of prosecution evidence. You can't say you didn't. If you say that your brain is as clear as a detective, how can you bump into it? According to the reaction of normal people, generally only public officials will think about selfishness and avoid being caught drunk, and only they will pay a high price to keep their jobs. Do these people wake up and sue for extortion to get their money back? I don't dare at ordinary times, and my deskmate doesn't dare to testify easily. Because you can also report to the Commission for Discipline Inspection based on his own drinking evidence. In short, being willing to spend a lot of money for personal interests is usually not because you are drunk and confused for a while.
Now many drivers open their mouths when they see each other drinking when something goes wrong. If they don't agree, call the police. If something doesn't make sense, they will sue you when the wine wakes up.
I'll go back on my word when I wake up, with or without evidence. The best result is to return the unreasonable extra money to him. Otherwise, the other party doesn't need to accuse you of extortion, just accuse you of embezzlement. Let's just say that the two sides negotiated 2000 yuan, and when transferring money, press 0 more, it will become 20000. If I find you the next day and want to return it, you can't help it. Even if you have a video of the other party admitting to drinking, it doesn't matter, because there was no way to determine the alcohol content in the body at that time, and drinking doesn't mean that it must meet the standards of drunk driving. It can be said that the other party took a sip of beer at that time and wanted to solve it privately out of psychological panic. Afterwards, I felt that a sip of beer could not meet the standard of drunk driving at all, and now I want to pay back the unreasonable expenses. Generally speaking, unless you can tune to the clear video of drinking at that time, there is really nothing you can do about him. You should reciprocate.
Actually, it should be seen this way. Legally speaking, you can't be guilty of extortion, but if the other party has the strength, not for this 20 thousand yuan, or take it out, and then find the police station to check it for you, then the average person will definitely be convicted, and everyone knows the reason!
The traffic accident was originally settled by both parties through consultation. The negotiation does not realize alarm processing, and the criterion for judging whether the other party is drunk is not yours. As for the other party giving 20 thousand yuan, it can't prove the existence of extortion at all. Let's just say it's a private compensation for the losses caused. Since a compensation agreement has been reached, it should be protected by law. Therefore, under normal circumstances, the court will find that the private compensation is in line with the expression of the true wishes of both parties, and the problem is not big. You can consult a lawyer.
The other party is in a hurry because of something important. I must apply for insurance to determine the loss. He can't wait. It is difficult to determine the final loss before the vehicle is disassembled. After all, it doesn't involve professionals or X-rays, so the compensation is the maximum estimated loss through negotiation. There is something wrong with it. At most, it is estimated that the loss is too large, and the difference will be refunded. Since he provided evidence of drunk driving, you can also visit the traffic police through Aite.
It's hard to prove the feeling of blackmail and threats. It can be said that the degree of car damage is estimated by yourself, and you are not a professional car insurance assessment. How can we know exactly how much the car is damaged? It's estimated to be very high and normal. It is impossible to complete the chain of evidence only with transfer records. You have to sue the other party and make sure you give evidence. In fact, it is safer to receive cash, but there is also a disadvantage, that is, most people don't bring so much cash.
If you transfer money, it's not impossible, but try not to leave hidden dangers. If the other party accuses you of extortion, first of all, it makes sense logically. Normal collisions can't be solved. If extortion is established, you must have something on the other side, otherwise the logic will be different. If you have something, it can be drunk driving, drug driving and so on. Therefore, in the process of befriending him, you can't always mention drunk driving, pretend you don't know, and don't say anything threatening each other in case they record it. Think of him as an ordinary collision, negotiation, asking for money, only emphasizing how badly your car is damaged, how expensive it is to repair, and so on. On the premise of doing this, record it yourself. In this case, the police will listen to the recording in the future, which sounds like an ordinary traffic accident handling process.
As for the difference between the amount and the actual amount of car repair, the reason is relatively easy to find. First of all, our usual compensation is the amount of repairing the car, but if the other party is fully responsible, it includes not only the money for repairing the car, but also the depreciation of the vehicle, the depreciation of the vehicle (especially the luxury car), the man-made delay, and the taxi fee for not using the car, which is literally thousands. As long as the other party has no obvious evidence, if it is similar to threatening to hit people, extortion is generally not established, and threatening to call the police is not counted. Calling the police is a formal channel.
Drunk driving can't be solved. I have seen similar cases. When someone asks for a settlement after drunk driving, you can see that he is drunk driving. When making claims for ordinary accidents, the other party makes it clear that the accident will be paid voluntarily. Because you know it's illegal not to call the police when the other person is drunk. In reality, there are many such cases, and the results are mostly unfavorable to those who take money. I'm not talking nonsense. If you don't believe me, you can find out or consult a lawyer.
In this case, as long as the transaction records are evidence, all other confessions are meaningless, because the past cannot be confirmed. Of course, there are ways to protect yourself, that is, repair the car in time after the accident, and the amount of the invoice for repairing the car should be as close as possible to the amount you take (it is no problem to take 20,000 repairs 1.5 million, of course, you can't repair it indiscriminately). In this way, in the investigation stage, it will be considered as a dispute rather than extortion, and no case will be filed!
Excuse me: shouldn't drunk driving violate the law and damage other people's vehicles?
Ridiculous blackmail charges!
In my opinion, the so-called "extortion" in law refers to the illegal act of threatening or extorting the property owner to hand over the property for the purpose of illegal possession.
Why is the accusation of extortion by drunk drivers ridiculous in this case?
What should we do?
According to the facts stated in this case, the injured party who was hit by drunk driving may have a traffic accident in which X drunk driving vehicle collided with X vehicle on X section under its jurisdiction on X month X year. If both parties fail to negotiate by themselves, they should report to the traffic police department of the jurisdiction and request to deal with it according to law. After the incident, they should provide all the relevant evidence of the responsibility of the case and the drafting of the compensation plan through consultation, and request the traffic police department to handle your traffic accident dispute.
The above comments are for reference only, please forgive me if there is anything wrong.
How can compensation become extortion?
Drunk driving is an illegal act strictly controlled by the Road Traffic Safety Law. Drunk driving, motor vehicle driver's license for 6 months, and impose a fine of 1000 yuan to 2000 yuan.
When a motor vehicle runs in parallel, the rear vehicle and the front vehicle in the same lane should keep a sufficient safe distance for emergency braking. Overtaking is allowed on the premise of ensuring safety. However, in four cases, the rear car is not allowed to overtake.
It's a traffic accident that the other party randomly changed lanes after drinking and hit your car. If a traffic accident occurs, it should be reported to the police, and the traffic police will investigate and handle it, and issue a "Traffic Accident Confirmation".
I don't know whether the accident was reported to the police, whether the traffic police went to the scene of the accident, and whether there was a Traffic Accident Confirmation. If there is a "traffic accident certificate", the other party will compensate you 20,000 yuan according to the responsibility, which has nothing to do with extortion.
If, after the accident, you don't go down after the other party drinks, your mind is not clear, and you don't call the police, threatening the other party to call the police for drunk driving, and your car damage is not serious, exaggerating the damage fact and coercing the other party to take out 20,000 yuan, it is suspected of extortion.
Minor extortion or extortion with a small amount shall be detained and fined in accordance with the provisions of Article 49 of the Law on Public Security Punishment. If the amount of 20,000 yuan is relatively large and the crime of extortion is established, according to Article 274 of the Criminal Law, he may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Now they accuse you of extortion. If it is handled by the traffic police, it is the other party's remorse or unreasonable trouble.
If you settle it privately and he sues you, you must produce two pieces of evidence:
1, receipt of the other party's lane change and damage to your car and repair expenses.
1, evidence of drunk driving.
If you decide, this evidence will be difficult for you. Unless you have a video. If you don't take pictures and record. Things have changed. He was drunk at that time, but he still denies it and bites you. You have no witness to testify for you, and you won't confess. The other party accused you of extortion, which is likely to be established. It is very likely that you will be sentenced to several years in prison for extortion, and then he will file a civil lawsuit to make you spit out the 20 thousand yuan.
There seems to be a traffic accident. Don't bother. Openness is good, but privacy is risky.
He dares to sue you for two reasons: first, the 20 thousand yuan you compensated was transferred, and the transfer information will be known as soon as it is checked; Second, he must have sued you after waking up. He is sure that you have no evidence of his drunk driving.
1. Since he dares to sue you, he must have evidence, but his evidence is nothing more than the above two points.
First, he will take out the information record he transferred to you, and then he will say that you blackmailed him at that time and he was forced to give you 20 thousand yuan.
But one thing must be clear, he hit you when he changed lanes. This is a fact. There should be surveillance cameras everywhere he hits you. You can tell when you turn them out. The transaction record of the money he transferred to you can only show the existence of the transaction behavior, and the specific transaction can be understood by watching the playback, not what he wants to say.
Second, don't panic when you encounter these things, and try to keep the evidence. When he changes lanes after drinking and hits you, if it's not serious, if he wants to solve it privately, he should take out his mobile phone to save the evidence at the first time, first take a picture of the other party's license plate number and the surrounding environment, and then take a picture of the owner's face. The most important thing is to get the information about his drunk driving and leave a video or recording when he is not paying attention. In that case, no matter how picky he is, he can't run away.
Third, we should handle this kind of thing like this. First of all, our usual compensation is the amount of repairing the car, but if the other party is fully responsible, it includes not only the money for repairing the car, but also the depreciation of the car, lost time and taxi fare. Of course, the most formal channel is the police.
Another principle is that you agree to make peace with him. First of all, he proposed to keep the evidence of his drunk driving even after the case was closed. Second, keep the evidence of his drunk driving, and it is best for both parties to have a written agreement. There is no need to mention drunk driving, but it is necessary to write that both parties are willing to settle and are willing to pay economic compensation, and that both parties have no objection and sign for confirmation. Third, the amount of compensation proposed must have a basis, such as repair costs, lost time and so on.
Summary: The best way to deal with this kind of thing at any time is to call the police. If it is necessary to settle the matter privately, please remember not to speak at will, and keep enough evidence, so that no matter what he does, there will be no result.
Since he wants to sue you, he may have some evidence against you. At the same time, you may also make sure that you have nothing threatening him. I think the purpose of suing you is to get your money back.
In the previous article, I also wrote that if you encounter a traffic accident, try not to be personal. If you want to settle it privately, you must leave some evidence to prevent the other party from going back on their word. There is no need to harm people, and there is no need to prevent people.
No matter what he said is true or not, since he wants to sue you, you should also make corresponding preparations, and you can't let such a wicked person complain first. Some people are like this. They don't repent when they have done bad things, but they still complain about others. In this case, although they can't fight violence with violence and fight evil with evil, they must always let him know what they deserve.
Whether you apply for insurance or repair your own car, it always costs money. Take out your maintenance records. This is the key evidence. Because of his responsibility, the loss of my car was caused by the other party's responsibility, no matter how much I spent. Now you say that he left no evidence of drunk driving, 100% won't admit it, but he will admit that there was an accident, otherwise the matter will not be established.
1, the maintenance records are ready and the expenses are sorted out;
2. I also collected the situation at that time. Can you explain this, such as the camera next to it, whether there are witnesses;
He paid 20,000 yuan for your use, such as actual loss, lost time, mental damage compensation, etc. Although I don't know how this 20 thousand yuan came from, you must know how you spent it. It's okay to have evidence.
Drunk driving is illegal and should not be personal. Law is the last bottom line for those who are not self-disciplined. It is irresponsible for society to solve things like this. This time he was drunk, didn't he have a second drunk driving? Only by bringing the case to justice can the problem be fundamentally solved. The premise of personal reconciliation is that it can be settled through consultation with the consent of both parties on the premise of not causing heavy losses to people's lives and property. If this person has a serious traffic accident after having an affair with you, you are absolutely responsible and may rise to the crime of sheltering.
As for the accusation of extortion, if both parties have sufficient evidence, this matter will not be established, because the evidence is contradictory and the court will not accept it. However, this matter should be taken as a warning. Don't look at other people's money and wealth for a while and curse yourself for a while. No matter how much it costs, the first thing is the responsibility of the drunk driver. Even if you don't repent, you have to pay interest, which is even more shameless. Through this incident, I feel I must leave myself a way out. Don't do things too badly, just buy a lesson.
You should have paid attention to this matter long ago. It was sloppy of you to take that 20 thousand yuan. Let me tell you a story.
Many years ago, a Chery QQ car just stopped somewhere, and immediately after the driver got off the bus, it was hit by a Volkswagen from behind from the outside. There was a hole in the left rear of Chery, and Volkswagen stepped back and drove off. When the owner of Chery came out, he saw the Volkswagen running away, jumped on his friend's motorcycle and chased it, followed by two other friends' motorcycles. After chasing several roads, I finally stopped at a traffic light. After some theory, it turned out that the driver of the Volkswagen was drunk driving. At this time, his family also arrived and said that they wanted to pay compensation, that is to say, they wanted to solve the problem through compensation, but the Chery owner did not agree. Call the police! Volkswagen owners keep saying that Chery owners are drowning their sorrows in wine. However, his relatives are eager to solve the problem with money. After all, Volkswagen is drunk driving. The compensation ranges from several thousand yuan to ten thousand yuan and then to twenty thousand yuan. Chery owner said, I don't call the police, and you accuse me of stealing money afterwards, so I'm in trouble! So I insisted on calling the police. In the meantime, the public tried to break through the crowd and escape. The result was strongly stopped.
In the face of such a drunk driving problem, you must call the police! This does not mean that we should be unreasonable, but we are afraid of being bitten back in the future. In the face of drunk drivers, calling the police has many advantages: first, avoid the result that private consultations are overthrown or even litigated! Second, drunk driving itself is a kind of behavior that is very harmful to society. In order to protect their own rights and interests, but also to protect the rights and interests of others, calling the police is the only correct way. Because only by calling the police and letting the law punish such illegal and criminal acts can we deter other criminals of the same kind! If you negotiate privately, you are conniving at crime! After the criminal has tasted the sweetness, his nature will not change. Then I don't know how many people lost their lives because of drunk driving, so drunk driving is intolerable!
It's possible.
The crime of extortion is to illegally possess other people's public and private property by means of intimidation, threat and coercion for the purpose of illegal possession. Therefore, how much your car is damaged is a key! If the other party compensates you 20,000 yuan according to the standard set by the loss adjuster of the insurance company, and your evidence shows that this 20,000 yuan is used for vehicle repair, then the attribute of "illegal possession purpose" is ruled out, and no matter how the other party sues you, it will not be established.
The object of extortion can be filed at a minimum of 2000 yuan. In other words, your car damage is less than 18000 yuan, or even only a few thousand yuan. In the process of personal reconciliation, you repeatedly stressed that if the other party drinks, they will call the police if they don't give you 20 thousand. The other party has no choice but to give you 20 thousand. In this case, it meets the constitutive requirements of extortion.
As for the other party's drunk driving and changing lanes and hitting you, this is not an element of extortion. In this case, as long as the other party is drunk, the other party will bear the full responsibility for the traffic accident. If there is a traffic accident, the best way is to call the police and report it to the insurance company, which is both responsible and fair to everyone. The other person is drunk, and you still have a problem with him. Now you are facing such a risk, which is purely self-inflicted A society ruled by law, act according to law and be carefree! Learn from your mistakes.