Unilateral Accident Determination of Liability of the Child 70

In practice, when driving a motor vehicle without a license and causing a traffic accident, when determining its liability, it is generally necessary to add one level to the responsibility under normal circumstances. How to determine the liability for traffic accidents caused by driving without a license? (1) Where a traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; 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; Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility; (2) Where a 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 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.

Provincial-level public security organs may, in accordance with relevant laws and regulations, designate specific rules or standards for determining responsibility for traffic accidents. Common legal bases are the Road Traffic Safety Law and the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China. Therefore, if the party has a traffic violation, such as driving without a license, but it is not the cause of the traffic accident, the traffic violation shall be punished in accordance with relevant laws and regulations, and the fault liability of the party shall not be determined.

According to the provisions, in the process of determining the liability for traffic accidents, the main problem of the traffic management department of the public security organ is the role of the party's behavior in the occurrence of the traffic accident, so whether one party is driving without a license or whether it is drunk driving is not directly related to the result of the determination of responsibility. If the traffic management department of the public security organ finds that one of the parties has the above behaviors in the process of handling the traffic accident, it may be punished in accordance with the relevant regulations. Driving without a license does not necessarily cause traffic accidents, and the key depends on the role of the unlicensed driver in Sochi in the accident, so there is no inevitable relationship between driving without a license and the result of determining the responsibility for traffic accidents.

The most important thing is the determination of traffic accident responsibility, reminding that although driving without a license has no necessary relationship with the determination of traffic accident responsibility, driving without a license is an illegal act and is subject to administrative punishment, and do not drive without a license.

The telephone pole is not on the road, and the child will be mainly responsible for hitting and crushing the person to death, and the radio and television will pay the secondary responsibility!

A certificate of liability is required for unilateral traffic accidents. After a traffic accident, the traffic management department of the public security organ shall make a letter of responsibility within 10 days of the seizure of the case, and the traffic accident responsibility letter is an important documentary evidence, and a unilateral traffic accident also needs to issue a letter of responsibility.

How to deal with unilateral accidents of vehicles.

1. Report the case. After the accident occurs, keep the scene of the accident and report the accident to the insurance company immediately;

2. On-site processing. If the loss is small, the insurance company will send someone to the scene to investigate and issue an Investigation Report; If the loss is large, if the surveyor thinks that it is necessary to report to the traffic police for processing, he will report to the traffic police department, and the traffic police department will investigate and collect evidence at the scene, and issue an "accident identification letter";

3. Damage assessment and repair. The owner of the vehicle will send the vehicle to the damage assessment center and notify the insurance company at the same time to assess the damage;

4. Submit documents for claims and claims. Collect claim information and submit it to the insurance company for claim procedures;

5. Loss adjustment. After receiving the complete claim documents, the insurance company will make adjustments to determine the final compensation amount;

6. Indemnification. The financial staff of the insurance company will transfer the compensation to the designated account of the car owner according to the amount calculated by the claims adjuster.

Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China.

The traffic management department of the public security organ shall, on the basis of the traffic accident scene inquest, inspection, investigation and 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.

This needs to be understood in detail.

If it is for insurance, you need to see the claims adjuster's requirements, and you don't need to pay less.

It is necessary to use the unilateral traffic accident liability determination as evidence for handling the traffic accident. Article 73 of the Road Traffic Safety Law of the People's Republic of China stipulates that 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 certificate in a timely manner as evidence for handling the traffic accident.

How many days does it take to determine the responsibility for the accident?

It takes up to 10 days, that is, within 10 days, the traffic accident liability certificate will be issued. The relevant laws and regulations stipulate that the traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inspection and inspection of the scene.

Article 93 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates that the traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the investigation and inspection of the scene. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be prepared within 5 days from the date on which the results of the inspection or appraisal are determined.

How many days does it take for liability to be determined for traffic accidents?

The traffic management department of the public security organ shall, within 10 days from the date of the on-site investigation, make a road traffic accident identification. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct inspection or appraisal, a road traffic accident determination certificate shall be drafted within five days from the date on which the inspection report and appraisal opinion are determined.

Legal basis.

1. If one party intentionally causes a road traffic accident, it shall bear full responsibility, and the other party shall not be liable.

2. If the road traffic accident is caused by the fault of one party, and the other party does not violate the rules, the party at fault shall bear all the responsibility for the accident.

3. If the party escapes, causing changes in the scene and the loss of evidence, and the public security traffic management department is unable to verify the facts of the road traffic accident, the party who escaped shall bear full responsibility.

4. If the party intentionally destroys, falsifies the scene and destroys evidence, it shall bear full responsibility for the accident.

5. When a traffic accident occurs while driving a motor vehicle, if the party concerned does not stop immediately and does not protect the scene, resulting in the responsibility for the traffic accident that cannot be determined, he shall bear full responsibility for the accident.

6. If one of the parties has the conditions to report the case but fails to report the case or fails to report the case in a timely manner, so that the responsibility for the traffic accident cannot be determined, it shall bear full responsibility.

7. 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.

Legal basis. Article 60 The traffic management department of the public security organ shall determine the responsibility of the party according to the role of 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, the entire bench shall be liable for the collapse;

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.