開車與他人擦撞的自保之道 How to Protect Yourself After a Minor Car Accident


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最近網路曾轉載一篇文章,大意略為:某甲開車在路上,因某乙突然從路旁竄出而與之擦撞,某思因慕乙「自稱無大礙、其自行處理即可」而開車雛去,之後卻收到某乙前往醫院驗傷後,向檢警告發某甲肇事逃逸之傳票,某乙隨後更以此逼迫某甲賠償高額醫藥費。

估不論前開轉戴文章所述內容是否真實,依據刑法第185條之4規定:「駕駛動、力交通工具肇事,致人死傷而逃逸者,處六月以上五年以下有期徒刑。」由於此罪並未規定被害人之受傷程度,因此依前開網路轉載文章所述,某甲開車擦撞某 ,綜使惠過不因某甲過失所致,只要某忌受有小擦傷、紅腫或瘀血,热灏「肇事致人死傷」,某甲逕行開車離去,其行為確可能符合「肇事逃逸」罪之要件。不過,如果慕思能證明其於車禍後曾查看某乙傷勢,是因為慕穩息行處理即可後才離去,因此慕思並無肇事逃逸之「故意」,而不成立此罪。

只不過,某甲有無逃逸「故意」必定成為雙方爭執及檢警偵辦重點,後續糾紛處理程序冗長且曠日廢時。因此建議民眾,當路上發生擦撞,不論對方傷勢輕重,依然需打電話報警請警察處理,亦可請其與自己簽訂和解書,以作為證明自己確實曾下車處理糾紛之證據,如此方能避免後續糾紛。


A recent online article described a case where Mr. A was driving when Mr. B suddenly ran out from the roadside, causing a minor collision. Mr. B claimed he was fine and said he would handle it himself, so Mr. A left the scene. However, Mr. A later received a court summons because Mr. B went to the hospital and reported the incident as a hit-and-run. Mr. B then used this report to demand a large amount of compensation for medical expenses.

Regardless of whether the online story is true, Article 185-4 of the Criminal Code states: "A person who flees after the motor vehicle he drives has caused an accident resulting in injury of another, shall be sentenced to imprisonment for not less than six months but not more than five years" This Law does not require the injury to be serious. Even a minor injury, like a bruise or swelling, may be enough to meet the condition of "causing death or injury in an accident." So even the driver (Mr. A) was not at fault, leaving the scene without taking proper action could still lead to a hit-and-run.

Whether the driver (Mr. A) had the "intention to flee" will usually become the key issue in any legal investigation. The follow-up process can be lengthy and time-consuming. Therefore, it is strongly recommended that whenever a minor accident occurs - regardless of how minor the injury seems - you should call the police. You can ask the other party to sign a simple settlement agreement. This can serve as proof that you did stop and handle the situation properly, helping you avoid future legal disputes.


作者: 李貴敏, 貼文者:Mariia


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相關類別: 法律