Car accident liability compensation, who will bear the responsibility for car accident compensation

According to the Tort Liability Law, if two or more persons separately commit tortious acts and cause the same damage, and the size of the liability can be determined, each of them shall bear the corresponding liability; Where it is difficult to determine the size of the liability, the liability for compensation shall be borne equally.

Because you are partly at fault for what happened, you are responsible accordingly. However, it can be paid by compulsory insurance.

Lawyer Shen Zhili.

On the basis of the determination of responsibility by the traffic police:

1. For personal injury compensation, it is necessary to bring medical bills, appraisal opinions from appraisal institutions, and proof of identity between the victim and close relatives.

Second, for compensation for property loss, it is necessary to bring the property damage assessment form or appraisal opinion.

You can negotiate with the other party first, and if the negotiation does not lead to a lawsuit, you can sue the court.

Hello, if you are not satisfied with the responsibility of the traffic police, you can apply for reconsideration, but there is a time limit for reconsideration (three days), and the result of the responsibility determination cannot be changed after the time limit. However, you don't have to worry too much, according to the provisions of Chinese law, in the event of a traffic accident, the insurance company will first pay compensation within the scope of the liability of the compulsory traffic insurance, and the insufficient part will be borne by the person responsible for the accident according to the proportion of liability. You can't compensate much in this case.

Since you did not provide the exact amount of the claim, I cannot tell you exactly how much you will be compensated).

The first thing to be sure is that your friend is a passenger, so he is not responsible, so his claim for compensation can only be completed by the responsible person taking the corresponding responsibility. Within the scope of compulsory traffic insurance, the insurance company bears 10,000 yuan of medical expenses, and bears disability compensation, mental solace, lost work expenses, nursing expenses, etc. in the disability insurance limit, and in the part other than compulsory insurance, 70% is borne by the other party's vehicle, and you bear 30%, so you can't afford much money, which you can calculate according to your local regulations, and you are friends, you can also negotiate.

The tortfeasor shall bear the liability for damages in the case of traffic accident compensation. According to the provisions of the Civil Code, if a motor vehicle is involved in a traffic accident and the damage is caused by the motor vehicle, the insurer that underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; The insufficient part shall be compensated by the insurer who underwrites the commercial insurance of the motor vehicle in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

[Legal basis].Article 1208 of the Civil Code.

If a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.

Article 1213.

If the damage caused by a traffic accident of a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the insufficient part, the insurer underwriting the commercial insurance of motor vehicles shall compensate for the loss in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

Division of Liability for Disability in Motor Accident 1. In the event of a traffic accident between motor vehicles, the party at fault shall bear the liability for compensation for the traffic accident, and if both parties are at fault, the liability shall be shared according to the proportion of their respective faults: (1) if the main responsibility is borne, 70% shall be borne; (2) 50% if they are equally responsible; (3) Those who bear secondary responsibility shall bear 30%. 2. Accidents between motor vehicles and non-motor vehicles are common

If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle shall be liable for the part exceeding the liability limit; However, if there is evidence to prove that the non-motor vehicle driver or pedestrian has violated road traffic safety laws and regulations, and the motor vehicle driver has taken necessary measures, the motor vehicle party shall be liable for compensation in accordance with the following provisions: (1) if the motor vehicle party bears the main responsibility, it shall bear 80%; (2) If the motor vehicle party bears the same responsibility, it shall bear 60%; (3) If the motor vehicle party bears secondary liability, it shall bear 40%; (4) If the motor vehicle party is not liable, it shall bear 10%; (5) If a non-motorized vehicle driver or pedestrian is involved in a traffic accident on an urban expressway or highway that prohibits non-motorized vehicles and pedestrians from passing, and the motor vehicle party is not responsible, it shall bear 5%; (6) If the loss of the traffic accident is intentionally caused by a non-motor vehicle driver or pedestrian, the motor vehicle shall not be liable; (7) In the event of a traffic accident between a non-motor vehicle driver or pedestrian and a motor vehicle in a stationary state, and the motor vehicle party is not liable for the traffic accident, it shall not be liable for compensation. If the motor vehicle does not participate in the compulsory third-party liability insurance of the motor vehicle, the motor vehicle party shall compensate in full within the minimum insurance liability limit that the vehicle shall insure, and compensate for the part exceeding the insurance liability limit in accordance with the current regulations.

3. Division and assumption of responsibilities under special circumstances: if a party deliberately destroys, falsifies the scene, or destroys evidence, and the party fails to stop the car immediately after a traffic accident occurs, and fails to report the case in time in order to protect the scene, or fails to report the case in a timely manner if there is a condition, so that the basic facts of the accident cannot be ascertained, the party shall bear the responsibility for the accident in accordance with the following provisions: (1) If one party commits the above acts, it shall bear full responsibility; (2) If the parties have all of the above-mentioned acts, they shall be jointly liable; However, if a traffic accident occurs between a motor vehicle, a non-motor vehicle or a pedestrian, the motor vehicle shall bear the main responsibility for the accident; (3) Except for traffic accidents that can be evacuated from the scene and handled by negotiation in accordance with the law; (4) The party escapes after a traffic accident:

The party who escapes shall bear all the responsibility for the escape of the traffic accident; However, if there is evidence to prove that the other party is at fault, the party who escaped shall bear the main responsibility for the accident.

[Legal basis].Article 16 of the 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 76 of the Road Traffic Safety Law of the People's Republic of China.

Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.

If the vehicle is actually delivered, the company can neither control the operation of the vehicle nor profit from the operation of the vehicle, then according to the principle of consistency of rights and obligations, the company is not liable for compensation in principle, but the company bears the full burden of proof at this time.

If the evidence cannot be adduced and the company is judged to be liable for compensation, the company may seek recourse from the buyer.

If the company had been deregistered at the time of the accident, then the injured person sued the company, theoretically speaking, it did not have a clear defendant, and did not meet the conditions for the court to accept the case.

Because this is normal driving, no main malicious, and timely police and treatment, there will be no criminal liability, just general civil liability, both parties are at fault, the person may drive the car without indicator lights, but also one of the reasons, the insurance company that side to check the damage to the vehicle, to the traffic police to show a certificate of responsibility or something else, the car to take to wait for the results of the identification, the responsibility can almost be taken.

It's just your one-sided words, and if what happens is what you say, you need to pay part of the liability (sympathy money), and if you go to court, you let him sue it, and the compensation is there, but it's a small amount, and he asks for a little too much.

Hello! In response to the question you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.

Secondly, for the death caused by traffic accidents, the main scope of compensation includes medical expenses, rescue expenses, one-time death compensation, funeral expenses, transportation expenses, expenses for people who need to be supported, spiritual solace, etc.

Third, the liability for compensation is determined based on the average salary of local employees in the previous year and the age of the victim.

Fourth, a lawyer can be hired for the personal ** due to a traffic accident, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

Will ask again.

You can apply to get the car out in advance.

Eighty percent compensation, good operation, it is possible to accompany all.

Your friend will probably be punished, driving without a license.