After the other driver drunk and drove, after "private", I was fully responsible

Recently a friend approached me for a question about "private". Because many details were not in place at that time, now not only have not received corresponding financial compensation, but also struggle with this every day.

It turned out that not long ago, my friend drove a car and collided with another car during the driving process, and my friend was responsible for coming to see me at the scene after the operation. Originally it was a very ordinary traffic accident, it was responsible for reporting insurance claims on the line, the result was that the other party was a drunk driver, after the incident, the other driver immediately apologized to my friend very sincerely, and was willing to bear full responsibility, and also used WeChat to transfer 20,000 yuan to my friend on the spot.) My friend thinks that they are all people in the same place anyway, and the other party is willing to take full responsibility and have additional income. After the discussion, both sides did not call the police or report insurance, and after a simple treatment of the scene, they went home.

Then the other driver's wave of divine manipulation hit my friend in the face. The next afternoon, my friend received a call from the traffic police team, informing him to go to the traffic police team to deal with the accident. My friend was blindfolded. As soon as I arrived at the traffic police team, I learned that the other driver went to the traffic police team the next afternoon to report the case and asked the public security organ to divide the responsibility for yesterday's accident. The other party said that in the traffic accident that occurred yesterday, he mistakenly thought that it was his responsibility, and originally negotiated with the other party on his own and gave my friend 20,000 yuan in advance to let him repair the car first, more refund and less compensation. After returning home, it was understood that it should not be his responsibility, and now the traffic police team was asked to divide the responsibility for the accident. My friend was on fire at the time, and loudly told the traffic police that the other driver was drinking at the time and was afraid of being punished before taking the initiative to go private with him. Traffic police are also required to give the other driver an alcohol test. The traffic police comrade clearly told my friend, what did you do at that time, I knew that he was drinking and he was going to be private, and now that his alcohol concentration is high, it cannot be proved that he drank when the accident occurred! My friend was very unconvinced, and asked to investigate the other party's escape. As a result, the traffic police comrades clearly told him that after the incident, both of you knew that a traffic accident had occurred, and you all agreed to negotiate, now how to determine that he escaped! My friend had no way, thinking that the other party had transferred 20,000 yuan to him anyway, even if he was angry, the money still did not suffer. As a result, after the traffic police investigation, my friend was fully responsible for the accident. As soon as the certificate came, the other driver immediately demanded a refund of the 20,000 yuan he had transferred to his friend at that time, and asked my friend to bear the loss of his vehicle, and threatened to go to court to sue immediately if my friend did not refund the money. Now my friend asks me what to do?

Let's analyze this series of operations of the other driver.

First, after the incident, first pretend to be pitiful, ask for sympathy, fake generous, let friends not report the case, do not let the police intervene first, and cannot fix the core evidence of drunk driving. Because drunk driving cases must be tested on the spot. If alcohol testing is not carried out after the incident, then after this point in time, there is no way to prove that the driver drove a motor vehicle under the influence of alcohol. In this incident, as long as there was no police at the time, even if the other party admitted to drinking at that time, even if you recorded his statement at that time, you could not later determine that he was drunk driving, because only the results of alcohol testing on the spot were the only core evidence that legally proved his drunk driving.

Second, the negotiated way to circumvent its accident escape behavior, paving the way for later. If the other party was drinking at that time, afraid of bearing the subsequent legal punishment, he may also choose to escape, but from the perspective of legal consequences, drunk driving and escape are basically the same in punishment, so the other party has to avoid the legal consequences of escape and choose to negotiate with my friend. Because the accident is a simple traffic accident if there is no drunk driving factor, no one is injured, the loss is not very large, and it is in line with the scope of self-negotiation. In this case, it is certainly not possible to identify its escape, so the other driver successfully avoided the escape risk.

Third, after waking up, report the case and ask the traffic police team to determine responsibility for the accident, so as to completely change the nature of the accident. The next day, the other driver woke up drunk, drunk driving evidence can not be obtained, he went to the traffic police team to report the case, this should be accepted. Because for cases where there is a large dispute after the two sides have negotiated on their own, as long as there is evidence to prove the authenticity of the accident, the traffic police department can still investigate and issue a letter of responsibility for the accident. The other driver successfully used these rules to avoid all the disadvantages, and the accident was introduced into a normal processing procedure, which was really high!

Fourth, retain evidence, use WeChat to transfer accounts with transfer records, and collect fixed evidence for later recovery. Since it is determined that my friend is fully responsible, then he will be responsible for the loss of the other driver's costs, and the 20,000 yuan originally transferred to him can only be returned to the other party, if not returned, the other party has already prepared the evidence and submitted it directly to the court, and then not only will the money be refunded but also the litigation costs will be borne.

According to the above analysis, I told my friend very clearly, return the money, directly report insurance to the other party to repair the car, and don't think about anything. Do you agree with this treatment?

Suggestion: When encountering serious traffic violations, you must not be private, you must go through the normal procedures, so as not to win the reason for losing!