Questions about primary responsibility in traffic accidents?

There is also a percentage of secondary liability, whether it is 1% or 49% is secondary responsibility, and 50% is equal responsibility. The compensation items and calculation methods are shown below**.

According to the local compensation standard. It is advisable to find a local lawyer**.

You can entrust a lawyer to deal with it, and according to your description, there is no problem in winning the compensation case and getting it enforced!

Where the amount of compensation varies greatly depending on the circumstances of each region or person, and the victim dies as a result of a traffic accident, in addition to the relevant expenses during the rescue period, compensation shall also be paid for funeral expenses, living expenses of dependents (if there are dependents raised by the deceased during his lifetime), compensation for death, expenses for mental damages, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

2. The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the standards of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

3. The death compensation shall be calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated over a period of 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

The specific amount is calculated according to the deceased's household registration (note that although the deceased is a rural household registration, but has lived and lived in the city for a long time, the relevant expenses can also be calculated according to the resident standard), local statistics, the number of dependents, age, local living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated according to the proportion of accident liability.

If the traffic accident is caused by the fault of one party, it shall bear full responsibility; If the party escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; If a traffic accident occurs due to the fault of one or more parties, they shall bear the primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, none of the parties is liable; If one party intentionally causes a traffic accident, the other party is not liable.

Accident Liability Determination: The traffic management department of the public security organ shall make a traffic accident identification letter within 10 days from the date of investigation of the scene of the traffic accident after the investigation and inspection of the scene. In the case of a traffic hit-and-run, a traffic accident identification certificate shall be drafted within 10 days of the seizure of the traffic hit-and-run person and vehicle.

If it is necessary to conduct an inspection or appraisal, a traffic accident recognition letter shall be made within five days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed. If the person or vehicle involved in the traffic accident is not seized, and the party to the traffic accident compensation requests the issuance of a traffic accident identification document, the traffic management department of the public security organ may make a traffic accident identification document within 10 days after receiving the written application of the traffic accident damage compensation party.

The nature of the accident liability determination:

The accident certificate issued by the public security traffic management department is only one type of evidence in civil litigation. In the traffic police mediation jointly applied by the parties, the determination is the natural basis; In the court's civil compensation lawsuit, the accident liability determination is only one of the more important pieces of evidence, and is no longer the natural basis for the court to hear the case.

The law is based on the argument

Article 73 of the Road Traffic Safety Law The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

In a traffic accident, the role of their behavior in the accident and the severity of the fault are the highest, and they bear the main responsibility. In the event of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; where both parties are at fault, the responsibility is to be shared in proportion to their respective faults; In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle shall be liable for compensation; If there is evidence to prove that the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation. If the party escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility;

Provisions on Procedures for Handling Road Traffic Accidents》 Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the parties' actions in the occurrence of road traffic accidents and the severity of the faults. (1) If a road crack bypass traffic accident is caused by the fault of one of the parties, it shall bear full responsibility; (2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

The circumstances of the formulation of the accident liability certificate.

The details are as follows: 1. The traffic management department of the public security organ shall make a certificate of accident before the traffic model source within 10 days from the date of the investigation of the scene for the traffic accident that has been inspected and inspected at the scene; 2. In the case of a traffic hit-and-run, a traffic accident identification certificate shall be made within 10 days after the traffic hit-and-run person and vehicle are seized; 3. If it is necessary to conduct inspection or appraisal, a traffic accident identification certificate shall be prepared within five days after the results of the inspection or appraisal or re-inspection or appraisal are confirmed; 4. If the person and vehicle involved in the traffic hit-and-run accident are not found, and the party to the traffic accident damage compensation requests the issuance of a traffic accident identification document, the traffic management department of the public security organ may make a traffic accident identification letter within 10 days after receiving the written application of the traffic accident damage compensation party.

Responsible. First of all, your girlfriend is the owner of the real estate registration, and she can't escape responsibility.

Your words depend on the situation. Under normal circumstances, as long as you do not interfere with the driver's driving, you are not responsible.

But in terms of insurance, it depends on what kind of accident and what kind of insurance. This needs to be analyzed on a case-by-case basis. You can add that, I'll again.

Dizzy. Just hit a lot. It didn't work. I'll do it again.

If your side is fully responsible, the criminal driver will go to jail, and the compensation (as in the civil one, see below) will be civil. The insurance company bears the insurance coverage, such as compulsory traffic insurance, third-party insurance, etc.

Outside the range, within a reasonable range (except for the insurance money not much), the driver bears it.

In the event of a collision injury and death (in this case, the compensation is a lot), the driver bears the part, and the owner bears the part. However, due to the poor economic condition of the driver, the car owner loses points. This is at the discretion of the judge.

But under normal circumstances, the owner is not responsible. What I'm talking about is the responsibility that the judge can not let the owner of the car compensate. Not in the legal sense of the word.

You can apply for insurance, because it is car insurance, so it will be compensated, and it has nothing to do with who bought the insurance and who drove the car, but the car has insurance. You can contact your insurance manager and tell him that he will teach you how to do it.

Carpooling is not prohibited by law and is not liable to you through no fault on your part. Under the premise that the driver is responsible, the compulsory traffic insurance and the third-party insurance need to be compensated.

If the driver has a driver's license and has a traffic accident, he can get compensation from the insurance company within the scope of compulsory traffic insurance.

If it exceeds the scope of compulsory traffic insurance, it shall be liable according to the accident responsibility divided by the traffic police department.