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Your friend's car, for the motorcycle is a big car, where there is a traffic accident, the car even if it does not violate the traffic rules will also bear about 10% of the responsibility, that is indispensable, normally speaking, of course, the motorcycle is fully responsible, as long as the driver of the motorcycle is driving normally, the driver has no license and the accident is not directly related, he is driving without a license, the traffic police will only deal with it separately. So your friend is about 10 to 15 percent responsible. I hope what I've said will help you.
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According to the provisions of Article 15 and Article 90 of the Traffic Law, the handling of the driver's license without a license: regardless of whether the driver is illegal or not in the driving without a license, the driver is not allowed to drive the vehicle again, and the traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide the driver's license.
It will be processed separately according to the driver's license provided by the driver
1.If the driver provides a driver's license, if there is no other violation of the law while driving, he will be given a warning or a fine of not less than 20 yuan but not more than 200 yuan, and the motor vehicle will be returned in time;
2. If the driver provides a driver's license, if there is a violation of the law while driving, he will be punished according to the illegal situation and the failure to carry the driver's license, and the motor vehicle will be returned in time;
3.If the driver fails to provide a driver's license, he will be punished as driving without a license.
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Friend, your car has been fully insured, then part of the compensation will be paid, the responsibility is the full responsibility of the motorcycle, then you can generally compensate 5000, don't give more. If the other party asks for more points, then go through the legal process.
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The traffic police generally protect the vulnerable, and it is absolutely impossible for the traffic police not to give you some responsibility in this situation.
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Motor vehicles are not liable for compensation.
The motorcycle is mainly responsible for running a red light and driving without a license.
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Summary. Hello dear, glad to answer for you. The responsibility for the car running a red light and hitting a motorcycle driving without a license shall be divided by the traffic police, and compensation shall be claimed according to the liability determination.
Personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and if the victim is disabled due to injury, it is also necessary to increase disability compensation, disability assistive device expenses, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. 2. You can negotiate and agree on the amount of compensation, and if the negotiation fails, you can sue to protect your rights.
What should I do if the car runs a red light and hits a motorcycle driving without a license?
Hello dear, glad to answer for you. The responsibility for the car running a red light and hitting a motorcycle driving without a license shall be divided by the traffic police, and compensation shall be claimed according to the liability determination. Personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and if the victim is disabled due to injury, it is also necessary to increase disability compensation, disability assistive device expenses, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
2. You can negotiate and agree on the amount of compensation, and if the negotiation fails, you can sue to protect your rights.
How will this responsibility be divided?
Dear, it's generally the car that's all responsible.
Okay, thank you! The other party rode a shared motorcycle at the age of 16 and ran a red light, and I drove the motorcycle normally at a green light without a driver's license, and hit me, how to determine this generally?
Dear, riding a shared motorcycle 16-year-old ran a red light and hit you, this situation is different Oh, shared motorcycles are non-motorized vehicles, first of all, you have to be punished for driving without a license, for non-motorized vehicles to run red lights in serious traffic violations, at least bear the primary responsibility for the accident, driving a motor vehicle without a license generally bears secondary responsibility.
However, the specific needs to be divided by the traffic police.
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Legal Analysis:1Administrative punishment: The public security traffic management department shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained concurrently.
2.Criminal penalties: Serious consequences may constitute the crime of causing a traffic accident.
If a driver's license causes a traffic accident for which one person is killed or three or more persons are seriously injured, the crime of traffic accident is constituted; Driving without a license causes a traffic accident for which one or more people are seriously injured, and the crime of causing a traffic accident is constituted. The same is true for the corresponding traffic accident with an escape circumstance.
3.Liability: In the event of a traffic accident, if the unlicensed driver bears the primary responsibility, he or she shall be liable for compensation.
Implicit notice that driving without a license will not increase the liability for compensation, but the compulsory traffic insurance and commercial insurance of the motor vehicle driven will be denied, and all the losses that should be borne shall be borne by the driver himself.
Legal basis: Road Traffic Safety Law of the People's Republic of China Article 99 Anyone who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:
1) Driving a motor vehicle without obtaining Sun Kai's motor vehicle driver's license, when the motor vehicle driver's license has been revoked, or when the motor vehicle driver's license has been suspended;
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents》 Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
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Summary. Hello dear and happy to answer for you. Driving an unlicensed vehicle without a license, colliding with a motorcycle that runs a red light without a license, and the motorcycle owner is injured and hospitalized, how to divide the responsibility is the full responsibility for driving a motorcycle that runs a red light without a license.
Because driving without a license is not the cause of the accident, it has nothing to do with the determination of responsibility for the accident. It is the motorcycle that runs the red light and is responsible for the trap of the accident <>
<> driving an unlicensed vehicle without a license, colliding with a motorcycle that runs a red light without a license, and the motorcycle owner is injured and hospitalized, how to divide the responsibility? Thank you!
Hello dear and happy to answer for you. Driving an unlicensed vehicle without a license, colliding with a motorcycle that runs a red light while driving an unlicensed model, and the owner of the motorcycle is injured and hospitalized. Because driving without a license is not the cause of the accident, it has nothing to do with the determination of responsibility for the accident.
It's the motorcycle that runs the red light, and the responsibility for the trap is <>
Hello <>, according to Article 46 of the Provisions on Procedures for Handling Road Traffic Accidents, 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) Where a road traffic accident is caused by the fault of one party, 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<>
<> hope that my answer has been helpful to you <> skillfully selling the hood
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If you drive a motorcycle without a license and run a red light and hit a car, you shall be punished as follows:
1. The traffic management department of the public security organ at the place where the traffic accident occurred shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and shall be detained for not more than 15 days;
2. Six points shall be deducted by the traffic management department of the public security organ.
1. How to punish driving without a license.
Driving without a license is punished in two situations: 1. Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ, and may be detained for up to 15 days. 2. Those who do not carry a motor vehicle driver's license with them shall be given a warning or a fine of not less than 20 yuan but not more than 200 yuan.
2. How to deal with a car driver's license driving a motorcycle and being caught by the traffic police.
If you only hold a driver's license of the C1 model, and the motorcycle is not in line with the type of quasi-driving, there will be the following penalties when you go to deal with the penalty sheet: if you drive a vehicle that does not match the type of quasi-driving indicated in the driver's license, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, (12 points at a time), and may be detained for up to 15 days, and the motor vehicle will be towed (when no one is substituted to drive). If a motor vehicle driver commits a road traffic safety violation during the probationary period and receives 12 points, his probationary driving qualification shall be cancelled.
3. How to deal with only crashing and escaping.
The person who escaped after the collision and the person who disturbed the nuclear escape bears full responsibility. If it does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan. and detained for up to 15 days.
If a major traffic accident is caused, a crime shall be constituted, criminal responsibility shall be borne and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.
Article 2 of the "Demerit Points for Road Traffic Safety Violations".
If the driver of a motor vehicle commits one of the following violations, 6 points will be deducted at a time:
1) Driving a motorized blind digging vehicle during the period when the driver's license of a motor vehicle is suspended;
2) Driving a motor vehicle in violation of road traffic lights;
3) Driving a passenger car (excluding buses) or a school bus with more than 20% of the approved number of passengers, or driving other passenger cars with more than 20% of the approved number of passengers;
4) Driving medium-sized or above passenger and cargo vehicles, school buses, and dangerous goods transport vehicles on highways and urban expressways that exceed the prescribed speed by less than 20%.
Article 99 of the Road Traffic Safety Law.
Any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended.
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Legal analysis: Penalties for driving a motorcycle without a license to run a red light and hit a car: driving without a license itself is an illegal act, and if a traffic accident occurs and there are no other circumstances, you should bear all or the main responsibility.
Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended are to be fined between 200 and 2,000 RMB, and may be detained for up to 15 days. If you run a red light, you will be deducted 6 points and fined 100 yuan.
Legal basis: Road Traffic Safety Law of the People's Republic of China Article 99 Anyone who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended.
2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;
3) Fleeing after causing a traffic accident that does not constitute a crime;
4) The motor vehicle is driving more than 50% of the speed limit; (5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;
6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;
8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction or relatively large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
Legal analysis: First of all, driving without a license is not the cause of the accident and has nothing to do with the determination of accident responsibility. The liability of a driver who drives a motorcycle without a license after a traffic accident shall be determined according to the role played by the actions of both parties to the accident in the occurrence of the road traffic accident and the severity of the fault. >>>More
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