Who should I pay for the death caused by the sudden jamming of the motorcycle?

Who should be compensated for the death caused by the sudden jamming of the motorcycle to be analyzed according to the specific situation:

1. If it is caused by the quality of the product of the motorcycle itself, you can claim compensation from the manufacturer or seller of the motorcycle.

2. If it is caused by improper use by the user, it shall be borne by the user.

Tort Liability Law

Article 41 If the product causes damage to others due to defective products, the manufacturer shall bear tort liability.

Article 42 If the product is defective due to the fault of the seller and causes damage to others, the seller shall bear tort liability.

If the seller cannot identify the manufacturer of the defective product or the supplier of the defective product, the seller shall bear tort liability.

Article 43: Where damage is caused by defects in the product, the infringed party may claim compensation from the producer of the product or from the seller of the product.

If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation.

If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.

uid: 090924

Points 10942

Post 10873

Registered 2008-5-25

from Hefei, Anhui.

Status: Offline.

This driving skill also has a lot to do with it! If it's me, the throttle line doesn't return, at least I will instinctively pinch the front and rear brakes after the clutch, and wait for the car to stop and turn off the electric door; However, the driver's age and slow reaction are also part of the cause of the tragedy! But then again, from the perspective of the weak, it is reasonable for Yamaha to pay some responsibility for such a misfortune!

May the good people be safe!

This is an accident and you can find an insurance company.

Legal analysis: It is necessary to combine the responsibility to confirm the reputation of the scum, if it is the main responsibility of Qingchang or above, he will be sentenced. It is advisable to actively compensate and seek a suspended sentence when criminal liability is involved. Compensation includes death benefits, bereavement benefits, and funeral expenses, among others.

Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal analysis: It should be determined in combination with responsibility, if the main responsibility is included in the file, it will be sentenced. It is advisable to actively compensate and seek a suspended sentence when criminal liability is involved. Compensation includes death benefits, bereavement benefits, and funeral expenses, among others.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations on the management of transportation and transportation, thereby causing a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

In the event of a collision between a car and a motorcycle, it is necessary to call the police in time, wait for the police to determine the responsibility for the accident, and then compensate according to the responsibility. The main items of compensation include medical expenses, lost work expenses, nursing expenses, accommodation expenses, disability compensation, living expenses of dependents, ** expenses, etc.

1. What is the compensation standard for a car hitting a motorcycle?

Follow the normal traffic accident claim process.

1) Insurance compensation items for personal injuries suffered by traffic accident victims: Compensation items for personal injuries suffered by victims include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2) Insurance compensation items for traffic accident victims who are disabled due to injuries: In addition to the above (1) items, the compensation items for the victim's disability due to injury are also distributed and increased: disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Liang Xianshi. 3) Insurance compensation items for the death of a traffic accident victim: In addition to the expenses in item (1), the compensation items for the death of the victim are also added: compensation for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

4) Solatium for mental harm suffered by the victim or close relatives of the deceased.

2. How much is the penalty for driving in the opposite direction of a motorcycle?

Motorcycles are fined between 20 and 200 yuan for driving in the opposite direction.

The deduction of points for motor vehicles driving in the opposite direction of motor lanes shall be based on the provisions of the Regulations on the Application and Use of Motor Vehicle Driving Licenses (Order No. 123 of the Ministry of Public Security): demerit points for road traffic safety violations; If a motor vehicle driver commits one of the following violations, 3 points will be deducted at a time: driving a motor vehicle without overtaking, yielding, or driving in the opposite direction.

1. Driving a motor vehicle while intoxicated.

Those who drive a motor vehicle while drunk shall be detained for 15 days, have their motor vehicle driver's license suspended for 6 months, and be fined 1,000 yuan. Those who drive a motor vehicle while intoxicated shall be detained for 15 days, have their motor vehicle driver's license suspended for 6 months, and be fined 2,000 yuan.

2. Driving after drinking.

Motor vehicle: For those who drive a motor vehicle after drinking, the motor vehicle driver's license shall be suspended for 3 months and a fine of 300 yuan shall be imposed. Those who drive a motor vehicle after drinking alcohol shall be subject to a temporary suspension of a motor vehicle driver's license for 3 months and a fine of 500 yuan.

After the car hits the motorcycle, it is necessary to compensate according to the actual loss of the motorcycle, the motorcycle is driving in the opposite direction on the road, and the fine is 20,200 yuan, if you are driving a motor vehicle, there is not in accordance with the regulations to overtake, give way, or drive in the opposite direction, the driver's license will be deducted three points, and a fine of 200 yuan will be imposed. When punishing the behavior of driving in the opposite direction, it can be captured by the electronic eye, or the traffic police can be punished on the spot.

Legal analysis: If someone dies in a traffic accident after borrowing a motorcycle, whether the owner wants to compensate for it needs to be analyzed and dealt with according to the specific situation.

1. If the lender (the owner of the vehicle causing the accident) is not at fault, the vehicle is operated by the borrower, and the lender cannot exercise any control over the borrower's behavior;

If no profit is obtained, it shall not be liable for compensation, and the direct infringer (the actual user, i.e., the borrower) shall be responsible for compensation as the responsible entity.

2. If the lender is at fault, such as knowing that the borrower does not have a driver's license or is drunk, the lender and the borrower shall be liable for compensation according to the degree of their respective faults.

Legal basis: Civil Code of the People's Republic of China Article 1209 If the owner, manager and user of a motor vehicle are not allowed to be the same person due to leasing or borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party of the motor vehicle, the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

In the life insurance contract, the policyholder must fill in the "beneficiary". In layman's terms, the beneficiary is who the insurance company will pay the money to after you have taken out the insurance, in case something happens to you.

According to the provisions of the Insurance Law, the beneficiary of life insurance must be designated by the insured or the policyholder, and if the policyholder designates the beneficiary, the consent of the insured must be obtained. The main reason for such a provision is that life insurance takes the life of the insured as the subject of insurance, and in order to prevent someone from defrauding the insurance for money, when determining the beneficiary, it must be designated by the insured or with the consent of the insured.

When applying for life insurance, the insured or the insured may designate one or more persons as the beneficiaries of the death benefit. When there are several beneficiaries, it is advisable to determine the order of benefits and the share of beneficiaries of the beneficiaries, and if no share is determined, then each beneficiary has the right to the benefit according to the equal share.

The insured or the policyholder can change the beneficiary of the death benefit, but it must be notified to the insurance company in writing and approved by the insurance company before it becomes effective. The insurance company shall not be liable for any disputes arising from the change of beneficiary.

The policyholder must obtain the written consent of the insured when designating and changing the beneficiary of the death benefit. There have been several cases where disputes arose when dealing with death insurance benefits because the policyholder did not obtain the written consent of the insured when changing the beneficiary, so the change of beneficiary must show the written consent of the insured to avoid unnecessary disputes. This point is also set up to prevent someone from maliciously harming the insured in order to seek benefits, and to effectively protect the interests of the insured.

In addition to the provisions of the insurance contract, if one of the following circumstances is encountered, the death insurance proceeds will be treated as the estate of the insured: 1. No beneficiary is designated; 2. The beneficiary dies before the insured and there is no other beneficiary; 3. The beneficiary loses the right to income or waives the right to income in accordance with the law, and there is no other beneficiary.

The beneficiary of total disability insurance and critical illness insurance benefits is the insurer himself/herself, and most insurance companies do not accept other designations and changes of such beneficiaries.

1. If the husband is designated as the beneficiary in the first order and the child is the beneficiary in the second order, the distribution order of the death insurance claim is as follows: if the husband is still alive after Li's death, he will receive 100,000 yuan in compensation, and the child cannot get the compensation money; If the husband has passed away before Li's death, the child will receive 100,000 yuan in compensation.

2. If the beneficiary shares of the husband and children are specified to be 70% and 30% respectively, then, if the husband and children are alive when Li dies, the husband will receive 70,000 yuan in compensation and the child will receive 30,000 yuan in compensation.

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

Hello! If a person dies in a traffic accident, if the party responsible for the accident bears full responsibility, the compensation amount will generally be more than 500,000 yuan according to the urban standard.

Whether it is necessary to bear criminal responsibility depends on the specific circumstances of the case: "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.

There may be a criminal offence.

If you can't afford it, what will the court decide?

In the event that both the owner and the vehicle are missing, the insurance company provides the following rules on how to compensate the owner

1. In accordance with the provisions of Article 1, Paragraph 1 of the "Whole Vehicle Theft and Rescue Clause", "the insured vehicle (including the insured trailer) has been stolen, robbed or robbed in its entirety, and the whereabouts have not been ascertained for three months after the investigation by the public security criminal investigation department at or above the county level". The facts of this case are unclear, and the public security organs only stated that the victim had reported the case to them, and did not make a conclusive conclusion on the cause of the loss of the person and car and whether the vehicle was stolen and robbed, so how can we be sure that the insured vehicle has been stolen and robbed? If it cannot be proved that the insured vehicle has been stolen, then is this case still an insurance liability for theft insurance?

The answer is yes. Strictly speaking, almost all the theft cases accepted by insurance companies cannot be determined that the insured vehicle has been stolen at the time of payment, and before the criminal case is concluded, everything is only suspicion and speculation, and the determination of facts requires conclusive evidence, and through legal procedures, the judicial organ finally confirms. However, if you wait until the fact of the theft of the vehicle is legally confirmed, the total theft insurance will lose its meaning.

Therefore, in the author's opinion, in the actual implementation process, as long as the policyholder reports the case to the public security organ due to the disappearance of the vehicle, and the public security organ files and investigates, the whereabouts have not been ascertained for three months and a written certificate has been issued, it constitutes the insurance liability for theft and insurance. In this way, this case should fall within the scope of theft insurance liability.

2. Driver's accident insurance is an additional insurance that takes the driver of the motor vehicle as the subject of insurance, and bears the personal loss suffered by the driver of the vehicle due to an accident during the use of the insured vehicle, and the insured shall bear the economic loss according to law. Obviously, this insurance will only work if it is confirmed that the driver has occurred**. However, the driver's personal ** cannot be subjectively assumed simply on the grounds of "missing", and must be determined by a medical and judicial appraisal agency after an examination and inquest of the driver's body, and a written certificate (such as a diagnosis certificate, disability identification or death certificate, etc.) can be determined.

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