A new "Fangcheng Bao" car bought for 388,000 yuan was smashed by an 80-year-old woman. Is the rights

1

Because it is "a little convex"

Conflict at the store entrance

December 14, 2024

Mr. Wu bought a "Formula Leopard" new energy off-road vehicle

Spent 384,800 yuan

Around 3:00 p.m. on December 30

He drove to the 304 Provincial Road in Deqing, Huzhou.

A car wash

I didn't expect the new car to be bought by the old lady next to the car wash

Smashed something

Mr. Wu : We drove two cars to the car wash that day. When we were washing, the front of the car wash was full of cars, including one parked on the provincial road behind. So the front of my car was bulging a little bit.

Reporter : It seems that your car is new and it doesn’t even have a license plate.

Mr. Wu : Yes, yes, yes, it was just proposed last month. It wasproposed in the middle of the month, and she smashed it at the end of the month.

Mr. Wu provided a video

From the screen

An old lady in a purple apron holding tools

What are you saying to the camera?

The sound is unclear in the video

Mr. Wu’s friend : Okay, call 110, you can call the police now, call the police.

Mr. Wu : Hello, my car is parked here and someone smashed it.

In the video

The old lady got the stake stuck under the wheel

And raised the tool again and made a move

At that time, the car wash staff and Mr. Wu's companion

Step forward to stop

Car Wash Employee : Heleft right away, auntie.

Mr. Wu : What she did was in vain. I have already called the police.

Man : You can’t stop here, this is a road, and you are not allowed to park on the road.

Mr. Wu’s friend : Don’t push, and don’t fight back.

Old lady : Come and hit me, hit me.

Mr. Wu : I won't do it. I'll wait for her to do it.

Woman :Yes, yes, don’t move.

Mr. Wu :She hit me.

From the video

The dispute between the aunt and Mr. Wu and others

It stopped only after the police arrived.

In early January, Mr. Wu went to the 4S store to determine the damage.

Mr. Wu : This part was smashed, but nothing came out, so I won't talk about it, right? It doesn't matter. This part hit the tire, and it landedon the wheel hub, and a piece of it was smashed off. I reported the problem to the 4S shop, but they didn't know the price for this new model. Later I found out the price, including the labor cost, was 1,642 yuan.

Reporters noticed

There is now a wooden sign at the location of the incident.

The red letter

"Parking is prohibited in private areas and offenders will be held responsible for the consequences"

Combined with the video provided by Mr. Wu

When a conflict occurs

There is no warning sign yet.

Auntie to the car wash

Parking behavior in front of the store

Seems to have expressed dissatisfaction

Mr. Wu : My guess is thatthe old lady has a bad temper and her relationship with her neighbors is not good.

Reporter : Did she remind you before she smashed the car, asking you to move the car or something?

Mr. Wu : She came out very aggressively, and we couldn't understand what she said. So we spoke to her in a nice voice, saying that we didn't park on the cement road in your yard.

Car wash employee said

The elderly man had a conflict with the customer who came to wash the car

It's not the first time

They don't want to talk about the specific situation.

Reporter : Does the old man often do this

Car wash staff : We are from out of town too, and I just got here so I don’t know.

Reporter : Then ask your boss what’s going on?

Car wash staff : The boss went out today for something, we are just workers here, sorry.

Reporter :Have you asked your boss before?

Mr. Wu :She said it happens often and it's so outrageous. Later, the boss said that people also parked their cars here while queuing for the car wash andtemporarily parked at her door.She asked them to pay the parking fee, 10 yuan, otherwise they would not be allowed to drive away.

2

What causes conflict?

Finding "Her Name"

Car wash employees are unwilling to hand over contact information

The reporter finally did not wait for the store owner

During the interview, the middle-aged lady came to the scene

Regarding what Mr. Wu said

What would she say?

Reporter :Auntie, I'm from the TV station. Was it the car that stopped by your side that day that caused a conflict with you?

Aunt : I don’t understand.

Reporter : I don't understand. Are your family members here? Is your son or grandson here? Is there anyone at home, son or grandson?

Aunt : They don’t even answer your calls.

Reporter : You don't answer the phone? Is that number your son's?

Auntie : (dialect)

Reporter : I don’t understand. I really don’t understand.

Auntie is holding a bamboo stool

Walked back to the yard

Reporters noticed

There is an uncle in the yard

It also appeared in the video provided by Mr. Wu

Reporter : Uncle, is it convenient for me to talk to you for a few minutes? I just want to ask you about the situation. Did the old lady have a conflict with the car that day and smash the car?

The gate of this family's yard

There are a few more brands

Write "House for rent" and phone number

The reporter called

The other party claimed to be the aunt's son

I can't explain the previous car smashing incident.

Aunt ’s son : I don’t know.

Reporter : Didn’t the police station come to your house to investigate this matter?

Aunt’s son : I don’t know.

Reporter : Hello, hello...

Mr. Wu : If her family had come out to apologize after she told me about the incident, even if they didn’t want to compensate me, I would have accepted it. But afterwards, when the police contacted her family, they saideven if they called her son. Her son even went to the village committee and found the village director to say that he was worried that someone would take revenge on his mother.

Mr. Wu said

The local police station mediated on the same day

The aunt and her family did not express any apology.

I don't agree to compensation

The police later told him

The elderly will be punished

Didn't say how to do it

Mr. Wu : For elderly people over 70 years old, if they are not criminally liable , they will not enforce it. You can't say that because she is old, she doesn't have to bear any responsibility for getting into trouble or making mistakes, then she will do the same thing again.

After vehicle damage

Mr. Wu also reported the case to the insurance company.

In early January, he

The Administrative Case Filing Notice is provided to the insurance company

Subrogation

The insurance company responded that

There is no name of the responsible party on the notice

Can't sue on your behalf

Mr. Wu said

He doesn't know the name of the woman who smashed the car

After consulting the police

The other party did not tell the aunt's name

Mr. Wu : Because we don’t have the name of the other party, we are stuck in a vicious circle .

Reporter : So what is your demand?

Mr. Wu :So my request is to seeifthere is any channel through which I can get I can have a subject to sue.

Reporter : You insist on suing?

Mr. Wu : Yes, because it’s really not for the money, it’s not for the money, it’s just for the pride.

Ping An Insurance Customer Service Hotline : You are required to provide the other party's identity documents, and I will register them for you first. The specific handling method will be verified by the claims department.

The chat records provided by Mr. Wu show

Insurance companies stressed

They just need each other's name

Does not involve private information such as ID number and address

Police respond to case

Only the court can retrieve it.

Chen Songtao, a lawyer at Zhejiang Fengguo Law Firm : Go to court to sue. Then, when you arrive at court, because you cannot provide your identity information, you ask the court to give you a letter of assistance, or a lawyer's investigation order. With this investigation order, you go to the police station and request a household registration investigation.

3

Helpless "dead loop"

The court gave advice

Mr. Wu told reporters

He also asked the car wash and nearby villagers for help.

I heard the name of that lady.

There has been no result

This time, Mr. Wu wants to try again with the police station.

Failed to connect with the police officer

As for the relevant progress after the case was filed

He said he had communicated with her several times before.

Mr. Wu : He (the police officer) meant to issue a penalty notice to the other party, but he didn’t tell me the specific content of the penaltyThe insurance company said that if they want to file a case, they need a subject to file the case. Who are you suing, right? Then who am I suing? Only the police station knows her name, and the police station said, I need the court to check before I can give it to you. The court doesn’t have this, and doesn’t have the information of the person you sued, so it won’t accept your case, so it’s stuck in this “dead circle”.

Afterwards

Mr. Wu went to Deqing County People's Court

Consultation and prosecution

And the application for a letter of assistance or a lawyer's investigation order

Shen Ni, Chief Judge of the Case Registration Division of the People's Court of Deqing County, Huzhou City : According to the provisions of our Civil Procedure Law , one of the conditions that must be met in order to file a lawsuit is that you have a clear defendant. But we do not require that hemust have clear information such as the defendant's ID number.However, you should at least provide some basic information that is different from, for example, you and I have the same name and surname, and that we are different people. For example, the defendant's name, gender, address or work unit.

Regarding Mr. Wu’s current situation

Judge Shen suggested that Mr. Wu

You can follow up on the subsequent progress of the administrative case first.

Shen Ni, director of the case filing court of Deqing County People's Court of Huzhou City : It depends on whether the public security organs have a feedback at that time, for example, if there is basic information.

Procedure for applying for a pre-trial investigation order

Court staff

We also gave Mr. Wu a detailed explanation.

Judge Shen's introduction

When Mr. Wu filed a subsequent lawsuit

If you have any questions about filling out the complaint and other related materials

You can consult with the corresponding window and volunteers at any time

Mr. Wu : Now I need to contact my insurance company and ask them to pursue the claim on my behalf. Then I will have their insurance company provide me with a lawyer to apply for an investigation warrant and retrieve the other party's information.

Reporter : What if the insurance company asks you to find a lawyer yourself?

Mr. Wu : Then I’ll find it myself.

Reporter : You just have to insist on defending your rights?

Mr. Wu : Yes, we insist on defending our rights.

The court also stated

If the subsequent lawsuit is successful

If both parties are willing to mediate

They will also recommend Deqing County People's Court

"Silver Glory Balance Studio"

Send a retired judge to actively intervene

Shen Ni, director of the filing court of Deqing County People's Court of Huzhou City : Retired judges may still play a role in mutual assistance for the elderly, that is, we provide some elderly-friendly services.

Reporter : Can you communicate better with elderly clients?

Shen Ni, Chief Judge of the Case Registration Division of the People's Court of Deqing County, Huzhou City : To be honest, some of our retired judges do have rich experience in mediation. They can also conduct mediation before or after the lawsuit. If the parties agree to mediation, we can also organize a mediation.

Mr. Wu said

After the case is successfully filed, mediation can also be accepted

He reiterated

The prosecution is not for money.

Mr. Wu : The money itself is not much, and I don’t care about this thing. It’s not about money, I really just want justice.

Before publication

Deqing police responded to reporters

Since the woman who smashed the car is over 80 years old

The local police station will continue to organize both parties

Further mediation