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Get compensated for drunk driving? Get covered by insurance? (Can't).
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If a friend has an accident with a drunk driver, if the people who drink together have the behavior of persuading them to drink. There is a certain amount of responsibility.
1. If you do not advise alcohol in the process of drinking, you are not responsible, and if you do persuade alcohol, you need to bear certain responsibilities. legal basis; The Tort Liability Law stipulates that an actor who infringes upon the civil rights and interests of others due to his fault shall bear tort liability. The General Principles of the Civil Law also stipulate that citizens who infringe upon the personal person of others due to fault (intentional or negligent) shall bear civil liability.
Of course, the extent of responsibility that the person who advises alcohol should be determined according to the degree of his persuasion and the degree of performance of his obligations, because the person who is advised to drink is usually an adult, and he should also have a certain degree of self-control, and should bear corresponding responsibility for the results of the damage.
2. Determination of fault liability.
Clause. 1. As a person of common sense, those who force alcohol, persuade alcohol, toast and gamble with others should be aware that excessive drinking will have adverse results on people, and that excessive drinking will lead to the weakening and loss of people's ability to recognize and control, and may even cause physical injury or even death, but still engage in forced drinking, persuasion, toasting and gambling, deliberately allowing others to get drunk or allowing others to get drunk, or knowing that their actions will cause harm to the drinker but believing that it can be avoided, and there is fault for the damage caused to others after they are drunk. should bear the liability commensurate with his fault.
Clause. 2. A duty of care arises between co-drinkers due to previous acts of drinking together.
There is nothing wrong with everyone drinking together, but when a co-drinker drinks excessively, the co-drinkers have a duty of safety and care to remind each other, prevent excessive drinking, take care, escort, and notify family members either because of their status as organizers, or because of acts such as persuading alcohol, toasting, coercing and gambling to drink.
If a co-drinker fails to fulfill this duty of care and causes damage to a co-drinker after drinking, it is presumed that the co-drinker is at fault for the occurrence of the damage and shall be liable for compensation commensurate with his fault.
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It depends on whether you know that your friend is drunk driving, and if you know, the consequences will be serious, and your driver's license will be cancelled, and you will also have to bear joint and several liability for compensation.
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If your friend has a driver's license, your friend is responsible for all damages, and you are not legally responsible. But if your friend is driving without a license, you will be fully legally responsible.
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If a friend drives his own car while drunk and causes a traffic accident, the friend shall compensate the other party for his losses in accordance with the fault procedure for the traffic accident. If the collision causes losses to the person, the friend can also be liable for compensation.
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The drunk driving insurance company does not compensate, so it must be compensated by the responsible party, and the car owner has joint and several liability ......
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Your friend's liquor rack drove your car, this is his responsibility for the accident, and it has nothing to do with you, all you have to do now is to confirm whether your friend has a driver's license, and you can lend him the car.
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If a friend drives your car and hits someone, if you lend the car to the other party knowing that the other person is drinking, then you are jointly and severally liable. But if you don't know that he drinks with your car, this situation does not need to be responsible.
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If your friend has a driver's license and you don't know that he is drinking, then you are not legally responsible, on the contrary, he does not have a driver's license, and you know that he drinks or he does not have a driver's license and you give him the car, then you are responsible.
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Yes, you are very right, at this time, all the legal responsibilities are required to be borne by you.
According to the safety regulations of our country, who is responsible for the mistakes of the people? Because the car is your car, you are responsible for all the compensation and all other responsibilities.
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If a friend drives your car drunk and hits someone, you should be jointly and severally liable! The specific punishment needs to be determined by the public security traffic police!
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If the owner of the car lends the car knowing that he has drunk alcohol, and eventually causes the accident, the car will be jointly and severally liable for compensation.
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Then you are responsible for this, and if you are not at fault, you are not responsible.
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You have no legal liability, at most you can only pay joint and several liability.
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Civil compensation, drunk driving accident insurance is not covered! You pay less.
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Legal Analysis: If there is no injury in a vehicle collision involving a motor vehicle while driving under the influence of alcohol, the accident shall be handled in accordance with the summary procedure, and the drunk driving behavior shall be handled according to the degree of drunk driving. Anyone who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan in Ranzhou.
Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.
Article 133 of the Criminal Law of the People's Republic of China: Anyone who drives a motor vehicle on a road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine: (1) chasing and racing, and the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.
Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.
Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
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The drunk driver hit the car and the person is fine, and the way to deal with it is as follows:
1. Property loss caused by traffic accidents.
2. The victim is injured due to a traffic accident and needs to pay for the follow-up expenses and other medical treatment, and the follow-up maintenance expenses and other non-health insurance medical expenses are estimated according to the injury of the victim;
3. The nursing expenses that need to be incurred during the medical treatment period can only be applied for one day according to the compulsory insurance nursing fee, and the maximum limit is 30 days according to the standard of 1,200 yuan, and the excess part can be compensated by any insurance.
What is the compensation standard for traffic accidents.
1. The perpetrator shall bear the liability for compensation for the personal injury caused to the victim in accordance with the law, including the claims: medical expenses, hospitalization expenses and food expenses, lost work expenses, etc., if the victim is seriously injured or seriously disabled, the injured party can also claim compensation for disability compensation, follow-up nursing expenses, etc.;
2. If the perpetrator causes the death of the victim due to a traffic accident, the infringing party shall compensate the corresponding funeral expenses, death compensation and compensation for the mental damages of the victim's relatives in addition to the relevant expenses of the rescue;
3. The victim can negotiate with the infringer to agree on the corresponding compensation fee, or may request the traffic police department or the mediation committee to intervene in the mediation, if the mediation is ineffective, the victim can appeal to the people's court in accordance with the law.
legal basis; Article 6 of the Measures for the Handling of Road Traffic Accidents.
According to the degree and amount of personal or property damage, traffic accidents are divided into minor accidents, general accidents, major accidents and major accidents. Specific standards are formulated by the Ministry of Public Security.
Article 18. Traffic accident liability is divided into full liability, primary liability, equal liability, and secondary liability.
Article 19. If a traffic accident is caused by the violation of rules by one party, the party who has violated the rules shall bear full responsibility, and the other party shall not be liable for the traffic accident.
If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an almost equal role in the traffic accident, the two parties bear equal responsibility.
Where the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of each party's violation in the traffic accident.
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The other party drunk driver hit my car, and the person was also injured, how can I claim compensation.
Hello, if the other party is drunk driving and needs to claim compensation, you can first report to the police for liability determination, and then bear the liability for compensation according to the proportion of responsibility and fault of both parties involved in the accident. If there is a dispute over the compensation for traffic accident damages, you can request mediation from the traffic management department of the public security organ, or you can file a civil lawsuit with the people's court. Legal basis: In the case of a dispute over compensation for damages caused by a traffic accident in Article 70 of the Road Traffic Safety Law of the People's Republic of China, the parties may request the traffic management department of the public security organ to mediate, or they may directly file a civil lawsuit with the people's court.
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Summary. Legal basis: In the case of a dispute over compensation for traffic accident damages in accordance with Article 74 of the Road Traffic Safety Law of the People's Republic of China, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.
The other party drunk driver hit my car, and the person was also injured, how can I claim compensation.
Hello dear, glad to answer your <>
<> if the other party is drunk and hits the car and needs to claim compensation, they can first report to the police for a determination of responsibility, and then bear the liability for compensation according to the proportion of the responsibility and fault of both parties who caused the accident. If there is a dispute over the compensation for damages caused by traffic accidents, you can request the traffic management department of the Gongzhaoyuan Yu'an organ to mediate, or you can file a civil lawsuit with the people's court.
Legal basis: In the case of a dispute over compensation for traffic accident damages in accordance with Article 74 of the Road Traffic Safety Law of the People's Republic of China, the parties may request the Traffic Management Department of the public security organ to mediate, or they may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties do not reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.
After the crash, the owner of the car ran away, leaving only his wife, I don't know if it was drunk driving.
Definitely drunk driving.
We have no proof.
If the other party is drunk and fleeing, and he is unable to collect evidence, he can report to the public security organ for handling. The traffic police department of the public security organ will investigate and issue a relevant accident responsibility determination letter based on evidence such as the surveillance camera of the accident section and the eyewitness testimony of passers-by, and the company will require the party responsible for the accident to bear the corresponding responsibility in accordance with the accident responsibility determination letter.
He promised to pay for the cost of repairing the car and medical expenses, and our family was injured and was almost well, I don't know how much more money he would have to pay?
It is mainly based on the actual medical expenses and maintenance costs.
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According to the provisions of the "Compulsory Insurance of Motor Vehicle Traffic Accident Liability": if the insured motor vehicle has a road traffic accident and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the liability limit of the compulsory insurance for motor vehicle traffic accident liability in accordance with the law. It means that it is necessary to compensate for the property loss of the other party, but also to compensate for the personal injury of the other party, and the compulsory traffic insurance will give priority to the compensation, and the part that exceeds the limit of the compulsory traffic insurance shall be borne by both parties according to the division of responsibilities of both parties.
However, in general, the drunk driver is fully responsible, and drunk driving is an exemption clause of the insurance company, and in the end, the drunk driver can only pay for it.
Article 21 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability If a road traffic accident occurs in an insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law. If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it. Article 22 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability In any of the following circumstances, the insurance company shall pay the rescue expenses within the limit of the compulsory insurance liability for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim:
1) The driver has not obtained driving qualifications or is drunk with alcohol; (2) The accident is caused during the theft and robbery of the insured motor vehicle; (3) The insured intentionally causes a road traffic accident. In any of the circumstances listed in the preceding paragraph, if a road traffic transfer accident occurs, the insurance company shall not be liable for compensation for the property loss of the victim.
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Possibly. But it's also possible that you have too much stuff on your computer.