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Legal analysis: The corresponding compensation shall be made according to the size of the liability, and if the compensation scope of the compulsory traffic insurance is exceeded, the parties shall bear the responsibility for compensation according to the size of the liability. According to the relevant laws and regulations, if the insured motor vehicle suffers from a road traffic accident and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law.
Legal basis: "Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability" Article 21 If a road traffic accident occurs in an insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the liability limit of the compulsory insurance for motor vehicle traffic accident liability in accordance with the law. If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.
Article 1216 of the Civil Code of the People's Republic of China Where a driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurer shall compensate within the limits of liability of the compulsory insurance of motor vehicles; If the motor vehicle is unknown, the motor vehicle has not participated in compulsory insurance, or the rescue expenses exceed the liability limit of the compulsory insurance of the motor vehicle, and it is necessary to pay for the rescue, funeral and other expenses of the infringed person, the road traffic accident social assistance ** shall pay in advance. After the social assistance for road traffic accidents has been paid in advance, its management agency has the right to recover from the person responsible for the traffic accident.
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Legal analysis: Compulsory insurance for motor vehicle traffic accident liability refers to the compulsory liability insurance that is compensated by the insurance company for the property damage and personal damage of the vehicle personnel and the victim other than the insured caused by the road traffic accident of the insured motor vehicle. After a motor vehicle traffic accident, the compulsory traffic insurance company shall first compensate within the liability limit of the compulsory traffic insurance.
The compensation limit of compulsory liability insurance is clearly stipulated by the laws and regulations of the state, and is not agreed upon by the parties to the insurance contract.
Legal basis: Article 3 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability.
The term "compulsory insurance for motor vehicle traffic accident liability" as used in these Regulations refers to the compulsory liability insurance in which the insurance company compensates within the liability limit for the personal and property losses of the victims other than the vehicle personnel and the insured caused by road traffic accidents of the insured motor vehicle.
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Legal analysis: Compulsory insurance for motor vehicle traffic accident liability refers to the compulsory liability insurance in which the insurance company compensates within the liability limit for the personal and property losses of the victims other than the vehicle personnel and the insured caused by road traffic accidents of the insured motor vehicle.
Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability
Article 3 The term "compulsory insurance for motor vehicle traffic accident liability" as used in these Regulations refers to the compulsory liability insurance in which the insurance company compensates within the liability limit for the personal and property losses of the victims other than the vehicle personnel and the insured caused by road traffic accidents caused by the insured motor vehicle.
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Compulsory liability insurance for motor vehicle traffic accidents is a compulsory liability insurance for the victims of road traffic accidents caused by the insured motor vehicle, excluding the personal and property losses of the vehicle personnel and the insured, within the liability limit. Compulsory liability insurance is the first compulsory insurance system in China that is prescribed by national law. The premium is the implementation of the national unified charging standard, which is uniformly stipulated by the state, but the compulsory traffic insurance of different car models is also different, and the main influencing factor is the "number of car seats".
The limits of compensation for the liability of a motor vehicle in a road traffic accident are:
1. Compensation limit for death and disability: 50,000 yuan;
2. Compensation limit for medical expenses: 8,000 RMB;
3. Compensation limit for property damage: 2,000 yuan;
The limits of compensation for motor vehicles not being liable in road traffic accidents are:
1. Compensation limit for death and disability: RMB 10,000;
2. Compensation limit for medical expenses: 1,600 RMB;
3. Compensation limit for property damage: 400 yuan.
Legal basis] Article 3 The compulsory insurance of motor vehicle traffic accident liability mentioned in these Regulations refers to the compulsory liability insurance in which the insurance company compensates the insured motor vehicle for the personal and property losses of the victims other than the vehicle personnel and the insured caused by road traffic accidents caused by the insured motor vehicle within the liability limit.
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Compulsory liability insurance for motor vehicle traffic accidents is a compulsory liability insurance for the victims of road traffic accidents caused by the insured motor vehicle, excluding the personal and property losses of the car owner and the insured, within the liability limit. Compulsory liability insurance is the first compulsory insurance system in China that is prescribed by national law. The premium is the implementation of the national unified charging standard, which is uniformly stipulated by the state, but the traffic force or insurance ** of different car models is also different, and the main influencing factor is the "number of car seats".
The limits of compensation for the liability of a motor vehicle in a road traffic accident are:
1. Compensation limit for death and disability: 50,000 yuan;
2. Compensation limit for medical expenses: 8,000 RMB;
3. Compensation limit for property damage: 2,000 yuan;
The limits of compensation for motor vehicles not being liable in road traffic accidents are:
1. Compensation limit for death and disability: RMB 10,000;
2. Compensation limit for medical expenses: 1,600 RMB;
3. Compensation limit for property damage: 400 yuan.
Legal basisRegulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability
Article 3. The term "compulsory insurance for motor vehicle traffic accident liability" in these Regulations refers to the compulsory liability insurance provided by the insurance company for the personal and property losses of the victims other than the vehicle personnel and the insured caused by the road traffic accident of the insured motor vehicle within the liability limit.
In the event of a traffic accident between a motor vehicle and a motor vehicle, fault liability is applicable, and a traffic accident occurs between a motor vehicle and the actor, because the transportation behavior itself is a high-risk industry, and compulsory insurance and commercial insurance are required to share the risk. Pedestrians are relatively disadvantaged and do not have a sound insurance system to protect them, so the law is biased towards protecting the interests of the disadvantaged party. Therefore, even if the motor vehicle is not at fault in the accident, it will bear no more than 10% of the compensation based on humanitarianism.
Generally speaking, traffic accidents between motor vehicles and non-motorized vehicles will be determined in proportion to how many percent you are and how many percent he is.
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