Is it considered hit-and-run if the other party scratches my car and flees?
1 Answers
Is it considered hit-and-run if the other party scratches my car and flees: If a party scratches another person's car and then flees the scene, it falls under the circumstances specified in Article 3 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents"; this constitutes hit-and-run. In the event of a traffic accident, if a party flees, the fleeing party bears full responsibility. However, if there is evidence proving that the other party was also at fault, the responsibility may be reduced. If a party intentionally destroys, falsifies the scene, or destroys evidence, they bear full responsibility. Scratching someone else's car and fleeing is considered a hit-and-run act. After a traffic accident occurs, any act of fleeing to evade legal consequences is considered hit-and-run. According to Article 70 of the "Road Traffic Safety Law of the People's Republic of China," in the event of a traffic accident on the road, the driver of the vehicle must immediately stop and protect the scene. If there are personal injuries or fatalities, the driver must immediately rescue the injured and promptly report to the on-duty traffic police or the traffic management department of the public security organ. If the scene is altered due to rescuing the injured, the original positions must be marked. Passengers, drivers of passing vehicles, and pedestrians should assist. In the event of a traffic accident on the road that does not result in personal injuries or fatalities, if the parties involved have no disputes over the facts and causes, they may immediately leave the scene, resume traffic, and negotiate compensation matters on their own. If they do not leave the scene immediately, they must promptly report to the on-duty traffic police or the traffic management department of the public security organ. In the event of a traffic accident on the road that only causes minor property damage and the basic facts are clear, the parties involved should first leave the scene and then negotiate. Article 71 states that if a vehicle flees after a traffic accident, eyewitnesses and other informed individuals should report to the traffic management department of the public security organ or the traffic police. If the report is verified, the traffic management department of the public security organ should provide a reward.