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The circumstances and time limits for the detention of a motor vehicle driver's license after a traffic accident are as follows:
1. Can a driver's license be detained in a traffic accident?
The driver's license can be detained in a traffic accident, mainly in the following circumstances:
1. Drinking alcohol or driving a motor vehicle after being drunk;
2. The driver of a motor vehicle hands over a motor vehicle to a person who has not obtained a driver's license or whose driver's license has been revoked or suspended;
3. The motor vehicle exceeds 50% of the speed limit;
4. Driving an assembled motor vehicle or a motor vehicle that has reached the scrapping standard;
5. Accumulate 12 demerit points in a scoring cycle;
6. Using another person's driver's license;
7. A major traffic accident occurs, constituting a crime.
2. How long should the driver's license be detained for a traffic accident?
Article 44 of the Provisions on Procedures for Handling Traffic Accidents: "Within five days from the date on which the inspection and appraisal conclusions are determined, the traffic management department of the public security organ shall notify the parties concerned to collect the detained accident vehicle, motor vehicle driving license and seized items. Where the driver's escaped ownerless vehicle or a vehicle that is still not collected after 30 days of notifying the parties, and the vehicle still does not come for disposition within three months of the announcement, the impounded vehicle shall be dealt with in accordance with law.
Article 49 of the "Traffic Accident Handling Work Specification" stipulates that if the accident vehicle and its driving license need to be detained for inspection and identification, the traffic police shall make a "certificate of administrative compulsory measures for public security traffic management" on the spot, deliver it to the party, and inform the party of the time limit for detaining the vehicle and certificate.
A new standard for compensation for traffic accidents.
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Summary. Hello, dear, according to the law, you should bear the losses of the other party within the scope of compulsory traffic insurance. Insufficient part 7:
3. Open, renewal at expiration. The accident time is in advance, and the insurance is used in advance; In the back, use the after-protection. If an accident happens to occur in the off-term insurance company, you will be responsible for it.
According to the regulations, those who are not insured are treated as insured, that is, regardless of the liability, compensation shall be made under the maximum limit of each claim of the compulsory insurance, and the remaining part shall be borne according to the proportion of their respective liabilities. The other party's lack of a license is not the basis for determining liability, but the other party does not have a driver's license, and the insurance company refuses to pay compensation.
Therefore, you can avoid the problem of paying compensation according to the compulsory traffic insurance regardless of liability. Don't get out of insurance in the future. [I hope it helps].
Hello, dear, according to the law, you should bear the losses of the Heng town within the scope of the compulsory traffic insurance. The insufficient part is opened at 7:3 and renewed at the expiration date.
The accident time is in advance, and the insurance is used in advance; In the back, use the after-protection. If an accident happens to occur in the off-term insurance company, you will be responsible for it. According to the regulations:
If the insurance is not insured, it will be regarded as insured, that is, regardless of the liability, compensation will be made under the maximum limit of each claim of the compulsory insurance, and the remaining part will be borne according to the proportion of their respective liabilities. The other party's unlicensed blocking is not the basis for determining liability, but the other party does not have a driver's license, and the insurance company refuses to pay compensation. Therefore, you can avoid the problem of paying compensation according to the compulsory traffic insurance regardless of liability.
Don't get out of insurance in the future. 【I hope it helps you】Seep around.
Hello, dear, The insurance company shall pay the rescue expenses within the limit of the compulsory insurance liability of motor vehicle traffic accident liability, and shall have the right to recover from the victim. Legal basis: Article 22 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability (2019 Revision) In any of the following circumstances, the insurance company shall pay the rescue expenses within the limit of the liability limit of the motor vehicle traffic accident liability system, and shall have the right to recover from the victim:
1) The driver has not obtained driving qualifications or the person is drunk and dry; (2) The accident is caused during the theft and robbery of the insured motor vehicle; [I hope it helps].
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Summary. 1. Motor vehicle traffic compulsory liability insurance is a kind of administrative compulsory regulations, the reason why such mandatory provisions should be formulated is that there are more and more motor vehicles, and the traffic accidents are gradually increasing, causing great losses to people and property, when the victim does not get due compensation, it will be easy to undermine social stability and cause a large number of disputes. 2. The subject matter of compulsory traffic insurance is a motor vehicle, that is, when a traffic accident occurs in the insured motor vehicle and causes damage to a third party, no matter what driver drives the motor vehicle, the insurance company shall compensate the third party in accordance with the law, because the purpose of compulsory traffic insurance is not to punish the driver, but to compensate the victim for the loss and protect the interests of the victim.
1. Motor vehicle road traffic strong town reputation liability insurance belongs to a kind of administrative mandatory regulations, the reason why such mandatory provisions should be formulated, the reason is that there are more and more motor vehicles, traffic accidents are gradually increasing, causing great losses to people and property, when the victim does not get due compensation, it will be easy to destroy social stability, causing a large number of disputes, therefore, the state requires that compulsory traffic insurance must be paid, and the role of compulsory traffic insurance is a kind of social security. It can maximize the compensation of the victim. 2. The subject matter of compulsory traffic insurance is a motor vehicle, and when a traffic accident occurs in the insured motor vehicle and causes damage to a third party, no matter what driver drives the motor vehicle, the insurance company shall compensate the third party in accordance with the law, because the purpose of compulsory traffic insurance is not to punish the driver, but to compensate the victim for the loss and protect the interests of the victim.
That is, should the money be paid by the insurance company?
Yes dear. However, it can only pay for compulsory traffic insurance.
Good! Thank you!
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If a traffic accident occurs while driving a motor vehicle without a license, the insurance company selectively pays compensation within the scope of compulsory traffic insurance compensation.
1.The Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability stipulate that 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.
However, if the loss of a road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.
2.If the motor vehicle and the driver of the motor vehicle have any of the following circumstances, the insurance company shall pay the rescue expenses within the limit of the compulsory insurance liability of the motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim:
1) The driver is not qualified to drive or is drunk;
2) The accident occurred during the theft and robbery of the insured motor vehicle;
3) The insured intentionally causes a road traffic accident.
In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.
3.Driving a motor vehicle without a license shall be punished as follows according to the law:
Article 99 of the Road Traffic Safety Law stipulates that "a person who drives a motor vehicle without obtaining a motor vehicle driver's license, or whose motor vehicle driver's license has been revoked, or who drives a motor vehicle during the period when the motor vehicle driver's license has been suspended, shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for not more than 15 days." ”
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The insurance company will refuse to compensate for driving without a license, which is included in the insurance policy.
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The insurance clause stipulates that "for the driver in any of the following circumstances: 1. The driver does not have a driver's license or the vehicle he is driving does not match the type of driving permitted by the driver's license; ......This clause stipulates two situations in which the insurance company can refuse compensation after an accident, one is that the driver does not have a driver's license, and the other is that the vehicle being driven does not match the type of driving permitted by the driver's license.
The focus of the dispute in this case is whether the driver's license is invalid when the driver's license expires, and whether the driver can be determined to be driving without a license. In the author's opinion, failure to renew the driver's license in time after the expiration of the driver's license does not necessarily lead to the invalidity of the driver's license.
The Ministry of Public Security's "Measures for the Administration of Motor Vehicle Driver's Licenses of the People's Republic of China" stipulates that if the driver's license holder "fails to apply for a renewal of the license and exceeds the validity period, the license shall be renewed after punishment in accordance with the law." It can be seen that if the driver fails to go through the renewal procedures on time, his driver's license is not necessarily revoked, and he can still go through the normal renewal procedures after accepting the punishment of the traffic management department of the public security organ. Therefore, if the license is not renewed on time, the driver's license can only be determined to be defective rather than invalid.
The insurance company cannot refuse to pay compensation on the grounds of "driving without a license", because the "driving without a license" defined by the insurance clause should refer to the two situations in which the driver has never obtained the driving qualification and is cancelled after obtaining it, and the establishment of the "driving without license" refusal clause is aimed at maintaining normal traffic order and avoiding accidents caused by people who lack driving skills, and the expiration of the driver's license does not mean the loss of their driving skills and level, so the insurance company believes that the expiration of the driver's license should be regarded as the understanding of driving without a license. That is, it does not conform to the common understanding of the public, nor does it conform to the original intent of the contract.
In your case, the driver's license has not been revoked until the time of the accident, and the driver's license can still be renewed within one year after the expiration date, and the law does not stipulate that the driver's license that has not been renewed is invalid. Therefore, although the accident did not go through the renewal procedures on time, it cannot be equated with "driving without a license", and the insurance company should compensate.
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Expired driver's license will not be affected by the claim of compulsory traffic insurance There is no such clause in the exemption clause of compulsory traffic insurance.
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Compulsory traffic insurance must be paid first, and then the driver must be held responsible.
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Summary. The penalties for not buying compulsory traffic insurance are found by the traffic police as follows: 1. For vehicles that have not been insured with compulsory traffic insurance, the traffic police shall detain the vehicle until it is insured in accordance with the regulations, and shall be fined twice the insurance premium that should be paid in accordance with the minimum liability limit of the insurance; 2. Vehicles that fail to provide compulsory traffic insurance certificates will not pass the inspection when they undergo safety technical inspection (annual examination); 3. For motor vehicles that have not paid compulsory traffic insurance on the road, the traffic police will deduct 1 point, fine 200 yuan and detain the motor vehicle, and the owner needs to pay a fine of twice the insurance premium to redeem the vehicle;
When the compulsory traffic insurance expires, how to deal with the traffic police without a driver's license? How much is the fine.
Hello friends, the problem of hail rot can be repaid when your compulsory traffic insurance expires, and you can report the ID number if you don't have a high travel system, because the ID number and the driver's license number are the same, and the traffic police can find out, this is not a big problem, thank you.
Hello, here is the relevant answer.
Now, the compulsory traffic insurance has not been bought, the driver's license has not been renewed for several years, and the traffic police have detained it,,, how will it be punished, how much will it be punished, and the traffic police have not bought the compulsory traffic insurance and the punishment is as follows: 1. The vehicle that has not been insured with compulsory traffic insurance shall be detained by the traffic police until the insurance is insured in accordance with the regulations, and shall be fined twice the insurance premium that should be paid in accordance with the minimum liability limit of the insurance; 2. Vehicles that fail to provide compulsory traffic insurance certificates will not pass the inspection when conducting safety technical inspection (annual examination); 3. The traffic police will deduct 1 point, a fine of 200 yuan and detain the motor vehicle, and the owner of the vehicle needs to pay twice the fine of the insurance premium to redeem the vehicle;
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Compulsory insurance for motor vehicle traffic accident liability) has the following cases of insurance company indemnity (deductible clause):
1) The driver has not obtained driving qualifications;
2) The driver is intoxicated;
3) The accident is caused during the theft and robbery of the insured motor vehicle;
4) The insured intentionally causes a traffic accident.
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No, the insurance company will not compensate for driving without a license, as stipulated by the state.
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