In traffic accidents, is there any relationship between the amount of compensation paid by compulsor

Updated on society 2024-03-06
6 answers
  1. Anonymous users2024-02-06

    Matter. As long as the liability of the compulsory traffic insurance is liable, the loss within the compensation limit must be fully compensated.

    A maximum of 10% of the maximum amount of liability is also payable.

    The so-called responsibility means whether it is primary responsibility, secondary responsibility, equal responsibility, or full responsibility. It's all called responsibility.

    For example, the other party is the primary responsibility, and you are the secondary responsibility. The loss of your vehicle is 1,000 yuan, and the loss of the other party's vehicle is 2,000 yuan.

    Then, the other party pays you 1,000 yuan, and you pay the other party 2,000 yuan.

    Because, you all have a responsibility. This is the liability payment of compulsory liability insurance.

    If the other party is fully responsible, the other party will pay you 1,000 yuan, and you will have to pay the other party 200 yuan. This is called a no-liability payout.

  2. Anonymous users2024-02-05

    First of all, the answers upstairs are not correct, I am doing car insurance claims.

    Disability compensation is calculated for 20 years from the date of determination of disability, with a decrease of one year for each additional year of age, and five years for those over 75 years old.

    In the case you encounter, the compensation level for grade 9 disability is 20%, which means 4 years.

    As for the specific amount of compensation, it depends on the age of the injured person, the nature of the household registration, and which province the accident is in, because the standard of personal injury compensation in each province in China is different. If the injured person is under the age of 60, you will have to pay four years of disability compensation, the specific compensation standard, you can check the "XX Province Personal Injury Compensation Standard" on the Internet, generally like the ninth grade disability, will not exceed the liability limit of 110,000 for the death and disability expenses of the compulsory traffic insurance, and the compulsory disability insurance can be fully compensated.

  3. Anonymous users2024-02-04

    Legal analysis: 1. In the handling of traffic accidents, we often see that the traffic police determine that one party is primarily responsible for the accident certificate. But in the end, it only makes sense to prioritize what proportion it is.

    If we think that primary responsibility means 90%, I think primary responsibility refers to 51%, but what percentage does primary responsibility mean? If there is no legal provision, it will leave the parties at a loss. In practice, some insurance contract clauses stipulate the proportion of so-called primary liability and secondary liability, but it is not absolutely the same, some stipulate that the primary liability is 60%, and some stipulate that the proportion of primary liability is 70%.

    However, few people can figure out where the legal basis for this proportion of missing bands comes from.

    Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability

    Article 21 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 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 In any of the following circumstances, the insurance company shall pay the rescue expenses within the limits of the compulsory insurance liability for motor vehicle traffic accidents, and shall have the right to recover compensation from the victim: (1) the driver has not obtained driving qualifications or is intoxicated; (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 accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.

    Article 24 The State shall establish social assistance for road traffic accidents** (hereinafter referred to as assistance**). In any of the following circumstances, the funeral expenses of the victim in the road traffic accident, the return of the ministry or all the rescue expenses shall be paid in advance by the rescue, and the rescue management agency shall have the right to recover from the person responsible for the road traffic accident: (1) The rescue expenses exceed the liability limit of the compulsory insurance of motor vehicle traffic accident liability; (2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability; (3) Fleeing after a motor vehicle has been hit.

  4. Anonymous users2024-02-03

    The division of traffic accident liability is based on the actual fault of both parties in the accident to determine the proportion of responsibility, and has nothing to do with whether the vehicle has purchased compulsory traffic insurance. If the vehicle does not purchase compulsory traffic insurance, the traffic police will punish it in a separate case after the accident is handled.

    In accordance with the Road Traffic Safety Law of the People's Republic of China

    Article 98 If the owner or manager of a motor vehicle fails to take out compulsory third-party liability insurance for motor vehicles in accordance with the provisions of the State, the traffic management department of the public security organ shall detain the vehicle until it has been insured in accordance with the regulations, and shall be fined twice the amount of the insurance premium that should be paid in accordance with the minimum liability limit for insurance in accordance with the regulations.

    All fines paid in accordance with the preceding paragraph shall be included in the social assistance for road traffic accidents**. The specific measures are stipulated by ***.

    Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

  5. Anonymous users2024-02-02

    Hello, there is a relationship, after a traffic accident, you need to divide the responsibility. Therefore, the liability for the accident needs to be determined to be compensated with compulsory traffic insurance.

    The law stipulates that Article 60 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 parties according to the role played by the behavior of the parties in the occurrence of road traffic accidents and the severity of the fault. (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, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

  6. Anonymous users2024-02-01

    1. Is there any relationship between the division of liability and compensation for compulsory traffic insurance?

    The division of liability for compulsory traffic insurance is related to the compensation. If there is no liability, the compulsory liability insurance does not need to be compensated.

    The compensation of compulsory traffic insurance has nothing to do with the size of the liability. As long as there is responsibility, the amount of compensation is the same, regardless of the size of the liability.

    2. Principles for determining responsibility for traffic accidents.

    The principles for determining liability for traffic accidents are as follows:

    1.The principle of responsibility for conduct.

    If a party is responsible for a traffic accident, it must be caused by the act, and the party who did not commit the act is not liable for the accident.

    2.The principle of causation.

    When determining liability for a traffic accident, it is necessary to determine which acts played a role in the accident and the extent of the role. With regard to those acts that played a role in the accident, it is the acts that have a direct causal relationship with the accident that work.

    3.Right-of-way principle.

    The right-of-way principle is the principle of each going his own way.

    4.Safety principles.

    It includes the principle of reasonable avoidance and reasonable operation.

    5.The principle of responsibility for results.

    Although the perpetrator's conduct did not cause the occurrence of the traffic accident, but aggravated the consequences of the accident, he should bear responsibility for the accident.

    6.Principles for the review of accident certificates.

    It includes the principle of comprehensive review, the principle of cross-examination, and the principle of non-reciprocity.

    3. How to compensate for the division of liability of compulsory traffic insurance.

    The compensation standards for the division of liability of compulsory traffic insurance are as follows:

    Unilateral full liability: the fully responsible party bears the loss of the non-responsible party, personal injury, property 2,000 yuan, death and disability of 110,000 yuan, and the non-liability compensation is compensated by full liability;

    Both parties are responsible (primary and secondary, equal): Regardless of the size of the liability, as long as there is responsibility, it constitutes the liability for the compensation of Qingjia compulsory insurance, with 10,000 yuan of personal injury, 2,000 yuan of property, and 110,000 yuan of death and disability.

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