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Hehe, this is quite troublesome. Is the school's parking lot guarded? Under what circumstances did a motor vehicle rush into a parking lot? Is the parking lot an annex of the school or is it rented by someone else?
If there is a guarded school annex and you don't pay the parking fee, you can only sue the driver of the motor vehicle and ask the other party to fix the car. However, this path is a bit difficult to walk because you don't have time, no evidence.
If it is an unguarded school facility, the failure to pay the parking fee will not affect your rights, you can sue the school, you can also sue the motor vehicle, or you can ask the court to have the school coordinate the case.
If someone else rents a parking lot, you may not be able to prove that you have not paid the parking fee, so you can ask the renter, you can also ask the motor vehicle, or you can ask the school, because the school leases out, in the case of interest, bear joint and several liability.
The specifics are unknown
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This situation is special, it is best to contact the local police station Bicycle fees are just a formality......Or contact the person who handled the matter
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Tell him to pay you for your new car. Absolute.
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You don't have to worry about this question! You just need to find the school theory! Because that shed is built by the school! So! You as a student! Just go straight to the school! It must be responsible! If not, contact me!
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Is it parking on the sidewalk? The curb should be a sidewalk, not a fast lane. In special circumstances, it is possible to temporarily park in a non-turning place, but it is not a parking place, and it is not possible to park for a long time.
You said that the other party parked illegally, did you park in a place where parking is not allowed? Personally, I believe that parking at the bend bears the main responsibility for the accident, and other places are half or partially responsible; Why? Because of illegal parking, there is no accident, according to the violation of the punishment, the violation caused the accident, you must bear joint and several liability; How did your husband ride a bicycle lead to death, maybe it was too fast, you should know that the traffic rules for slowing down and slowing down when you turn a corner, where you are not turning, you should be able to see a parked car, the reason for your carelessness is also a violation of traffic rules, and you are responsible.
The size of the responsibility depends on the degree to which parking is allowed in terms of traffic.
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This is a rear-end collision. According to traffic regulations, the rear-end collision accident is the full responsibility of the rear car.
The party who violates the parking rules needs to accept the penalty of violating the rules, and if the illegal parking is in the location of the sign that prohibits parking, it will be fined 200 and 3 points; If there is no place where there is a no parking sign is a fine of 200
Illegal parking does not affect the determination of responsibility for this accident.
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Legal analysis: the responsibility is divided by the traffic police department according to the fault of both parties, and the division of responsibility of the traffic police department affects the compensation ratio of the losses of both parties, and the losses are both material losses and personnel losses. The responsibility is divided by the traffic police, so your concern should be the liability that you or the other party needs to bear after the division of responsibility.
With regard to the specific compensation situation, it is necessary to know the specific personal disability and property damage
1. If there is a parking space on the side of the parking road, it is the responsibility of the cyclist if it is legally parked;
2. If there is no parking space on the side of the road, it is an emergency stop, and there is a warning sign behind the car, and the cyclist is still fully responsible if it hits it;
3. If there is no parking space on the side of the road, and the car is illegally parked and no warning signs are set, the illegally parked vehicle will bear 20% of the secondary responsibility in the accident, and the cyclist will bear 80% of the responsibility.
Legal basis: Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China Article 63 Temporary parking of motor vehicles on the road shall comply with the following provisions: no parking shall be allowed on road sections with no-parking signs and markings, road sections with isolation facilities between motor lanes and non-motorized lanes and sidewalks, as well as pedestrian crossings and construction lots; Parking is not allowed at intersections, railway crossings, sharp curves, narrow roads less than 4 meters wide, bridges, steep slopes, tunnels, and sections within 50 meters of the above points.
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Legal analysis: If the car is parked in the specified area in accordance with the regulations, then we are not responsible, and the other party should bear the corresponding responsibility, but if we are not parked in the relevant area in accordance with the regulations, but in the prohibited parking section, then we and the other party need to bear certain responsibilities, but the main responsibility should be borne by the other party. Whether the car can be insured depends on how the insurance company assesses the damage, generally speaking, it can be fully compensated, but there may be special circumstances.
Legal basis: 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 party's behavior in the occurrence of the road traffic accident and the severity of the fault.
1) If a road 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, Chi Liangsou 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 the code is a traffic accident, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
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Legal analysis: If the car is driving or parking in violation of regulations, and the bicycle owner hits the car due to problems with his car (such as insensitive brakes), improper riding control, or excessive speed, resulting in tremor finger tremors, he shall bear the main responsibility, and the car owner shall not be liable or only partially liable. If the car is driven or parked illegally (e.g., without lights when turning, parking on the bicycle lane, etc.), the car will be fully or partially liable.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 73 The traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner as evidence for dealing with traffic accidents. 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.
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Legal analysis: It is recommended to report to the police, and then the traffic police will divide the responsibility according to the scene, and pay the corresponding compensation according to the responsibility determination letter presented by the traffic police.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income due to the loss of ability to work, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;
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, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.
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