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The transportation department determines the liability, and after the compulsory traffic insurance compensation, the insufficient part shall be compensated according to the liability.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents
Article 16: Where a motor vehicle that has simultaneously insured both compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") causes damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:
1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;
2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;
Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.
Article 17: Where a driver permitted by the policyholder causes damage to the policyholder by driving a motor vehicle, and the parties request that the insurance company that underwrites the compulsory traffic insurance make compensation within the limit of liability, the people's court shall support it, except where the policyholder is a person on the vehicle.
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The traffic accident certificate of the traffic police brigade shall prevail.
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If an employee is injured in a traffic accident while delivering goods, the employer shall compensate the employee if the car burns for which the employee is responsible. Because this act belongs to the employee of the employer who causes damage to others due to the performance of work tasks, the employer bears the liability for infringement and imitation.
Legal basis] Article 1192 of the Civil Code.
If a labor service relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence. If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties.
During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.
Article 1191.
If the staff of the employer causes damage to others due to the performance of their work tasks, the employer shall bear the tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.
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If you are driving a motor vehicle that does not belong to this "other person", the other person is not jointly and severally liable.
If you drive a car to help others deliver something, it is a civil contractual relationship, that is, the other person entrusts you to deliver something, and you agree and help others deliver something. On the way to deliver something, you have a traffic accident, the car is not "someone else's", you drove the car yourself, then, the consequences of the traffic accident are caused by you, so you are responsible. If your actions are suspected of being a traffic accident, you are also responsible for the alleged crime.
The owner of the car bears certain joint and several liability in terms of civil compensation
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If a driver or a delivery person is injured in a car accident while delivering goods, and is injured in an accident during working hours, in the workplace, or due to work-related reasons, it shall be deemed to be a work-related injury in accordance with the provisions of Article 14 (1) of the "Regulations on Work-related Injury Insurance".
Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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You should belong to the employment relationship, and the compulsory traffic insurance will bear the liability for compensation first, and if it is insufficient, you will bear it!
According to the book "People. Judicial Interpretation on Compensation for Personal Damages
Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.
If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.
The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.
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What to report? To **Report? Don't listen to nonsense, think with your head.
When an employee has a traffic accident at work, it is generally the responsibility of the unit. For example, in the event of an accident in a bus or taxi, the bus company and the taxi company are responsible for compensation. So, after the accident liability is determined, you can go to the post office to pay compensation.
Please note: It is beneficial for you to have the employer responsible for the compensation, because there is no problem of the employer not being able to pay, and you can get the money smoothly. In the case of personal compensation, the driver may not be able to pay, or be in arrears, or simply flee.
Of course, the unit may have to punish the driver afterwards, but only part of the salary can be deducted, or fired or something, in short, it is the unit's business, and it has nothing to do with you.
Please adopt it in time, thank you!
It belongs to civil correction, mediation is preferred, and if mediation cannot be handled, you can only sue. The problem is divided into two steps, one is the compensation of the insurance company, and the other is the compensation of your family, which cannot be mixed together.
If the person who clashed with me is better looking than me, he will feel embarrassed and embarrassed, and he will want to go back and change his clothes quickly, and if he looks uglier than me, he will feel that it doesn't matter.
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This question is so sharp, haha
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