Is it determined that both parties are responsible for the traffic accident and need to pay the othe

Updated on society 2024-03-21
30 answers
  1. Anonymous users2024-02-07

    In a traffic accident, if both parties are equally responsible and are motor vehicles, both parties use their respective compulsory traffic insurance to compensate each other, if the compulsory traffic insurance is not enough to compensate, the other party shall compensate 50% and bear 50% of the excess, if one party is a motor vehicle, and the other party is a non-motor vehicle or a pedestrian, the motor vehicle shall bear 60% of the compensation liability, and the non-motor vehicle driver and pedestrian shall bear 40% of the compensation liability. According to Article 20 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the claim for lost time pay depends on whether the victim has an income**. If there is income**, the compensation rate for lost time will be determined based on the victim's lost time and income status.

    If the victim has a regular income, the compensation for lost work is calculated on the basis of the actual reduced income. Where the victim has no regular income, it is calculated on the basis of the average income of the last three years; If the victim is unable to prove his or her average earnings for the last three years, reference may be made to the average salary of employees in the same or similar industry at the seat of the Court of Appeal in the previous year.

  2. Anonymous users2024-02-06

    In a traffic accident, both parties are held liable, which means that all the damages caused by both parties are added up to give a total amount, and then both parties bear them proportionally. Under normal circumstances, 70 to 80 percent of primary responsibility and 20 to 30 percent of secondary responsibility should be assumed. If the primary and secondary responsibilities cannot be determined, each party shall bear 50%.

    Therefore, the loss of time by the other party is also one of the consequences of damage, which should be included in the overall liability and jointly borne by both parties.

    Determination of traffic accident liability refers to the act of determining the traffic accident liability of the parties after the public security organs have ascertained the cause of the traffic accident based on the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident. In a traffic accident, one party must use a vehicle (including motor vehicles and non-motor vehicles), and there is no requirement for the scope of the other party. The other party may be a driver, passenger or pedestrian of a motor vehicle related to traffic activities, or other persons whose activities or behaviors are closely related to traffic but are not for the purpose of transportation.

    If the accident is a traffic accident, the vehicle of one of the parties must be in motion, otherwise it does not fall under the category of traffic accident. The parties involved in the accident are subjectively negligent (including: negligence or overconfidence) in the occurrence of the accident, and at least one party is at fault in the process of driving or pedestrian, causing certain personal or property damage, otherwise it does not constitute a traffic accident.

    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 road traffic accidents and the severity of the fault.

    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 inquest, inspection and investigation of the traffic accident scene and the 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.

  3. Anonymous users2024-02-05

    The determination that both parties are responsible for a traffic accident means that all the damages caused by both parties are added up to a total amount, and then both parties bear them proportionately. Under normal circumstances, the primary responsibility bears 70 80, and the secondary responsibility bears 20 30. If the priority of responsibility cannot be determined, 50 will be borne each.

    Therefore, the other party's lost time pay is also one of the consequences of damages, which should be included in the total liability and jointly borne by both parties.

  4. Anonymous users2024-02-04

    If both parties have bought insurance for the motor vehicle, the insurance company shall settle the claim according to the contract within the scope of the insured amount, and if the excess amount or no insurance is bought, the compensation shall be compensated according to the proportion of traffic accident liability, and the scope of the traffic accident claim should include the loss of work expenses, with 70% of the main responsibility, 30% of the secondary liability, and 50% of the same responsibility.

  5. Anonymous users2024-02-03

    It depends on whose responsibility is greater, if it is the same responsibility, there is no need to pay the other party's lost work pay, if it is divided into primary responsibility and secondary responsibility according to the traffic accident treatment, then the main responsible party will have to pay the other party's lost work fee.

  6. Anonymous users2024-02-02

    Traffic accidents are determined that both parties are responsible, first of all, depending on the size of the responsibility of both parties, who is responsible and who is responsible, and generally accidents do not need to pay for lost work.

  7. Anonymous users2024-02-01

    Both parties are responsible for the traffic accident, so they do not need to pay the other party for lost work, otherwise they will also affect their work, and they should also get compensation for lost work.

  8. Anonymous users2024-01-31

    Mainly look at the responsibility certificate issued by the traffic police, both parties are responsible, whose main responsibility, if it is said to be the same responsibility, there is no need to pay the other party for lost work. Each side deals with its own issues.

  9. Anonymous users2024-01-30

    It depends on whether both parties are equally responsible or primary and secondary, and if they are equally liable, both parties will bear their own losses. In the case of primary and secondary liability, the primary responsible party may compensate the other party for more losses, including lost time costs. It is better for the two parties to negotiate and settle the specific compensation matters.

  10. Anonymous users2024-01-29

    The traffic police accident is determined to be the responsibility of both parties, and generally will not require the other party to pay for lost work, and if there is an injury, it may be necessary to pay for lost work.

  11. Anonymous users2024-01-28

    If all parties involved in the accident are motor vehicles, the property damage and personal injury expenses of the accident shall be compensated within the sub-liability limit of the compulsory traffic insurance (you compensate the other party for the loss, and your loss shall be compensated by the other party), and the remaining deficiency will be added up and each shall bear 50%.

    If one party is a motor vehicle and the other party is a non-motor vehicle or a pedestrian, the motor vehicle party shall compensate the other party for property damage and personal injury expenses within the liability limit of the compulsory traffic insurance, and the sum of the other party's insufficient expenses and the loss of the motor vehicle party shall be borne by both parties 50%.

  12. Anonymous users2024-01-27

    Since both parties are liable, all losses (of both parties) are to be borne according to the determination of liability. It's best to consult a lawyer for specific situations!

  13. Anonymous users2024-01-26

    If the other party is primarily responsible, then the other party pays a small amount of lost work expenses, and if the other party's vehicle is insured with compulsory traffic insurance, the insurance company shall compensate all within the liability limit of the compulsory traffic insurance, and the insufficient part shall be shared according to the proportion of liability. If there is a fixed income for lost time pay, the income shall be multiplied by the number of days of hospitalization, and if there is no fixed income, the average monthly salary of the employee in the previous year shall be obediently based on the number of days of hospitalization.

    Legal analysisIf the violation of the rules of one party causes a traffic accident, the party with the violation shall bear full responsibility, and the other party shall not be liable for the traffic accident, and if the violation of the two parties jointly causes the traffic accident, the party that plays a large role in the traffic accident shall bear the primary responsibility, and the other party shall bear secondary responsibility, and if the violation plays an equivalent role in the traffic accident, the two parties shall 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. Where 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.

    Where a party escapes or neglects to destroy, falsify the scene, or destroy evidence, making it impossible to determine responsibility for the traffic accident, they shall bear full responsibility. If the traffic accident is caused by the fault of one party, it shall bear full responsibility; 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 parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility.

    Legal basisArticle 72 of the Road Traffic Safety Law of the People's Republic of China After receiving a traffic accident report, the traffic management department of the public security organ shall immediately dispatch traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible. Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; The accident vehicle may be detained for the purpose of collecting evidence, but it shall be properly kept for verification. For the physical and mental conditions of the parties and other professional examinations, the traffic management department of the public security organs shall entrust a special agency to conduct an appraisal.

    The evaluation conclusion shall be signed by the evaluator.

  14. Anonymous users2024-01-25

    The other party is secondarily responsible, and whether you need to pay your lost time pay depends on whether you should compensate for the lost time pay. If you are operating a vehicle, then the other party should compensate 30% of the loss of stopping operation, which you must sue the court, and there is a court judgment to compensate for how much. Insurance companies generally do not pay compensation on the grounds that this is an indirect loss.

  15. Anonymous users2024-01-24

    In a traffic accident, you bear the main responsibility, not the other party pays you lost time pay, but according to the proportion of responsibility borne by each person, share the common medical expenses, lost work expenses, etc., so you should bear in addition to your own lost time expenses and other expenses, but also bear a part of the other party's medical expenses and lost work expenses.

  16. Anonymous users2024-01-23

    In a traffic accident, you bear 70% of the primary responsibility, the other party bears 30% of the secondary responsibility, all compensation within the scope of the insurance should be paid by the insurance company, in the traffic accident may occur lost time pay, under normal circumstances it is impossible for the other party to pay your lost time pay, even if you are a business vehicle, due to your main cause of the traffic accident caused by the loss, in principle, you should be borne by yourself.

  17. Anonymous users2024-01-22

    In a traffic accident, I am primarily responsible, and the other party is secondarily responsible, and the other party has to pay me for lost work. In the traffic accident, I was mainly responsible for the other party's pharmacy, me. Baby, the other party can and should compensate me for lost work, which needs to be agreed upon by both parties.

  18. Anonymous users2024-01-21

    In a traffic accident, you are primarily responsible, the other party is secondarily responsible, and the other party cannot pay you for lost work, and there is no such reason in the world, you are the main responsibility, and you have to pay the other party for lost work.

  19. Anonymous users2024-01-20

    Yes, because the other party is also responsible. Within the scope of his responsibility, he shall bear the corresponding losses. How to calculate depends on the specific situation, if the other party is a car, then the compulsory traffic insurance part does not divide the responsibility.

  20. Anonymous users2024-01-19

    Strictly speaking, the other party should pay you a part of the lost time pay, but you also have to pay the other party a larger percentage of the lost time pay, so that it will be offset.

  21. Anonymous users2024-01-18

    This is the case. You can ask the other party to bear your lost time pay, but you also have to bear the other party's lost time pay.

  22. Anonymous users2024-01-17

    If it should be paid, it will be paid according to the proportion of liability. It is best to consult a professional lawyer for specific situations!

  23. Anonymous users2024-01-16

    Are you primarily responsible and want the other party to pay you for lost work? It's okay if people don't ask you to pay for lost work.

  24. Anonymous users2024-01-15

    Traffic accidents are simply car damage, and there is no compensation for lost time expenses.

  25. Anonymous users2024-01-14

    During the period of personal injury in a traffic accident**, there is compensation for lost time according to the regulations, but each of these provinces and cities has compensation standards, and the insurance company will also compensate for it.

  26. Anonymous users2024-01-13

    You don't have to pay, you can do your own thing.

  27. Anonymous users2024-01-12

    You have to bear 80 of the total amount of lost time pay for the two of you, do you think it is necessary for the other party to bear your lost time pay?

  28. Anonymous users2024-01-11

    The traffic accident responsibility letter is issued only after the traffic police referee. If you are primarily responsible for the other party's secondary liability, then you have to compensate the other party.

  29. Anonymous users2024-01-10

    What do you want? You are the main responsibility in the traffic accident, and the other party is thankful that the other party does not open your mouth to the lion, and you still want something extra? You can ask for everything you want, and you can have more than you want.

  30. Anonymous users2024-01-09

    The compensation for lost time is calculated based on the victim's lost time and income. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income.

    If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

    1. Taxis cause collisions. The other party is fully responsible, and the other party is fully responsible for how to compensate for lost work.

    In the event of a traffic accident, the lost time pay for the taxi needs to be determined according to the victim's lost time and income. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income.

    If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim is unable to provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry at the location of the court where the lawsuit is filed may be made in the previous year.

    Second, the other party is fully responsible for the collision, should I be compensated for lost work?

    According to the laws of our country, if the other party is fully responsible for the traffic accident, we shall be compensated for the loss of work, and the standard shall be determined according to the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. If the victim continues to miss work due to injury and disability, the time of missing work may be calculated to the day before the date of disability.

    If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

    Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provides that compensation for lost time is determined on the basis of the victim's lost time and income.

    The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

    If the victim has a fixed income, the compensation for lost work shall be calculated on the basis of the actual reduction in the pre-file income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

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