How to compensate for primary and secondary liability for traffic accidents?

Generally, the primary and secondary responsibilities are 37 open, that is, the main responsibility bears 70%, and the secondary liability bears 30%. However, the premise is that the compensation part of the compulsory traffic insurance is compensated first, and if the compulsory traffic insurance is insufficient to compensate, it will be borne according to the accident liability.

The primary and secondary liability for traffic accidents are compensated as follows:

1) If both parties to the accident are motor vehicles, the two parties shall compensate each other for the loss of the other party in full within the amount of compulsory traffic insurance, including 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property; The insufficient part shall be shared by both parties in the ratio of 7:3;

2) If one party to the accident is a motor vehicle and one party is a non-motor vehicle or a pedestrian, the motor vehicle shall compensate the other party for the loss in full within the amount of compulsory traffic insurance, and the insufficient part, if the motor vehicle accounts for the main responsibility, the primary and secondary responsibilities shall be shared according to 8:2, and if the motor vehicle occupies the secondary liability, the primary and secondary responsibilities shall be shared according to 6:4;

3) If both parties are non-motorized vehicles or pedestrians, all losses shall be shared in a ratio of 7:3.

The insurance compensation method is as follows: compulsory traffic insurance to compensate for the loss of compulsory traffic insurance, commercial three liability insurance to compensate for the loss of insufficient part of the compulsory traffic insurance, commercial vehicle damage insurance to compensate the other party for the loss of the vehicle after the compensation of the insufficient part, and commercial vehicle personnel insurance to compensate the other party for the loss of the person on the vehicle after the compensation for the insufficient part of the vehicle.

4) Scope of compensation:

Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers a 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 by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

This opinion is only based on the description of the questioner, and the final opinion should be determined after specific verification of the relevant facts, and this is not the final lawyer's legal opinion.

The main responsibility is me, I am forced to be injured and hospitalized, what should I do?

Legal Analysis: After the Division of Liability for Traffic Accidents. If the motor vehicle party bears full responsibility in the traffic accident, it needs to bear 100% of the compensation liability.

If the motor vehicle party is primarily responsible for the traffic accident, it is required to bear 80% of the compensation liability. If the motor vehicle is equally liable in the traffic accident, it needs to bear 60% of the compensation liability. If the motor vehicle party is secondarily liable in the traffic accident, it needs to bear 40% of the liability.

If the motor vehicle is not liable, it is also liable for 10% of the damages.

Legal basis: 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 parties in the occurrence of road traffic accidents and the severity of their 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, all parties are not responsible for the damage.

If one party intentionally causes a road traffic accident, the other party is not liable.

In traffic accidents, 70% of the primary responsibility is borne and 30% of the secondary responsibility is borne. However, the premise is that the source of the pants is compensated by the compulsory traffic insurance, and if the compulsory traffic insurance is insufficient to compensate, it will be borne according to the accident liability. The primary and secondary liability for traffic accidents are compensated as follows:

1. If the dual-mode pure material side of the accident is a motor vehicle, the two parties shall compensate each other for their losses in full within the amount of compulsory traffic insurance, and the insufficient part of 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property shall be shared by both parties in the proportion of 7 3.

2. If one party to the accident is a hydraulic motor vehicle, and one party is a non-motor vehicle or a pedestrian, the motor vehicle shall compensate the other party for the loss in full within the amount of compulsory traffic insurance, and the insufficient part shall be shared according to 8 2 if the motor vehicle is the main responsibility, and the primary and secondary responsibilities shall be shared according to 8 2, and if the motor vehicle shall be responsible for the secondary liability, the primary and secondary responsibilities shall be shared according to 6 4.

3) If both parties are non-motorized vehicles or pedestrians, all losses shall be shared in a ratio of 7:3.