What happens if the perpetrator is secondarily responsible?

Being subsidiarily liable will not compensate so much. Just report for insurance processing. Bear secondary responsibility will not incur criminal responsibility, rest assured.

The division of liability is: full responsibility within the amount of compulsory traffic insurance, death and disability of 110,000 yuan, medical expenses of 10,000 yuan, property 2,000 yuan, the insufficient part is shared according to the proportion of liability, if the other party is also a motor vehicle, according to 37, you bear 30%. If the other party is a non-motorized vehicle or pedestrian, press 46 and you bear 40%.

The specific amount of compensation depends on the nature of the other party's household registration, location, number of dependents, etc.

Article 8 Within the territory of the People's Republic of China (excluding Hong Kong, Macao and Taiwan), if the insured suffers a traffic accident during the use of the insured motor vehicle, resulting in personal or property losses to the victim, the insurer shall be liable for the damages borne by the insured in accordance with the law, and the insurer shall be responsible for compensation within the following compensation limits for each accident in accordance with the provisions of the compulsory traffic insurance contract:

1) The compensation limit for death and disability is 110,000 yuan;

2) The compensation limit for medical expenses is 10,000 yuan;

3) The compensation limit for property damage is 2,000 yuan;

4) When the insured is not liable, the compensation limit for death and disability without liability is 11,000 yuan; The compensation limit for non-liability medical expenses is 1,000 yuan; The compensation limit for non-liability property damage is 100 yuan.

Under the limit of compensation for death and disability and the limit of compensation for death and disability without liability, it is responsible for compensation for funeral expenses, death compensation, transportation expenses incurred by the victim's relatives for funeral matters, disability compensation, disability assistive device expenses, nursing expenses, ** expenses, transportation expenses, living expenses of dependents, accommodation expenses, lost work expenses, and solatium for mental damage borne by the insured in accordance with the court judgment or mediation.

Under the compensation limit for medical expenses and the compensation limit for non-liability medical expenses, it is responsible for compensating medical expenses, diagnosis and treatment expenses, hospitalization expenses, inpatient meal subsidies, necessary and reasonable follow-up expenses, cosmetic surgery expenses, and nutrition expenses.

Advances and recoveries.

Article 9 If the insured motor vehicle has a traffic accident under one of the circumstances of (1) to (4) of this article, causing the victim to be injured and needs to be rescued, the insurer shall verify in accordance with the guidelines for clinical diagnosis and treatment of traffic accident personnel and the national basic medical insurance standards after receiving the written notice of the traffic management department of the public security organ and the list of rescue expenses issued by the medical institution. For the rescue expenses that meet the regulations, the insurer shall pay in advance within the compensation limit for medical expenses. If the insured is not liable in the traffic accident, the insurer shall pay in advance within the compensation limit for medical expenses without liability.

For other losses and expenses, the insurer is not responsible for advance payment and compensation.

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.

The insurer has the right to recover from the victim for the rescue expenses paid in advance.

Your secondary liability is the responsibility to pay according to the terms of the compulsory liability insurance.

The compensation limit for medical expenses is 10,000 yuan;

The compensation limit for property damage is 2,000 yuan;

The others can't be compensated, and the insurance company won't pay you if they do. You can't give a penny now, let them sue, and the court will sentence them to pay for themselves.

This is the law.

Traffic accident liability is divided into full responsibility, joint responsibility, and primary and secondary responsibility.

When the primary and secondary liabilities are compensated, they can be borne according to the proportion of losses, such as 2:8 3:7 4:6

For example, if the loss is 100,000 yuan, the insurance company will compensate 70,000 yuan first, and the remaining 30,000 yuan, the main liability will be 10,000 yuan, and the secondary liability will be 6,000 yuan. This ratio is calculated at a ratio of 2:8.

It means that they are mainly responsible for the secondary responsibility in the traffic, and the main responsibility is not on their own, which is the judgment of the traffic police, and the main responsibility is to distinguish whose responsibility it is.

When dividing the responsibility of the traffic accident, it is classified as secondary liability, which means that the other party is primarily responsible in the traffic accident, and you are to bear secondary responsibility, and secondary liability means that you have a certain responsibility, but not the main responsibility, and the purpose of dividing the primary responsibility and secondary liability is to identify the main basis for traffic accident compensation.

Legal Analysis: Secondary liability for car accidents is not criminally responsible, and the victim is compensated proportionally in civil compensation. Regardless of the number of deaths or serious injuries, it is necessary to bear full or primary responsibility for the accident or equal responsibility.

Legal basis: Provisions on Procedures for Handling Road Traffic Accidents Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

Traffic accident compensation standard for secondary liability:1. If both parties to the accident are motor vehicles, the two parties shall compensate each other for their losses in full within the amount of compulsory traffic insurance, including 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property; The insufficient part shall be shared by both parties in the ratio of 7:3;

2. If one party to the accident is a motor vehicle and one party is a non-motor vehicle or a pedestrian, the motor vehicle shall compensate the other party for the loss in full within the amount of compulsory traffic insurance, and if the motor vehicle is primarily responsible, the primary and secondary responsibilities shall be shared according to 8:2, and if the motor vehicle shall be secondarily liable, the primary and secondary responsibilities shall be shared according to 6:4;

3. If both parties are non-motorized vehicles or pedestrians, all losses shall be shared in a ratio of 7:3.

The insurance compensation method is as follows: compulsory traffic insurance to compensate for the loss of compulsory traffic insurance, commercial three liability insurance to compensate for the loss of the insufficient part of the compulsory traffic insurance, commercial vehicle damage insurance to compensate the other party for the loss of the insufficient part of the vehicle after the compensation is completed, and the commercial vehicle personnel insurance to compensate the other party for the loss of the injured part of the vehicle after the compensation is completed.

After a traffic accident occurs, if the party bears secondary liability, it will not constitute the crime of traffic accident, and the crime of traffic accident will only be constituted if the party bears the same or more responsibility.

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 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;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

Where a traffic accident causes serious injury to one person or more, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

1. How to deal with dissatisfaction with the traffic accident liability determination.

1. If it is believed that the application procedures of the accident responsibility determination issued by the traffic police department are wrong or the division of responsibility is unfair, it may apply for review.

In accordance with the provisions of the traffic accident handling procedures, if the parties have objections to the traffic accident responsibility determination issued by the traffic police department, they may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of delivery of the road traffic accident identification document.

2. If the original responsibility determination result is maintained by the traffic management department of the public security organ at the next higher level, a lawsuit may be filed.

When a party initiates a civil lawsuit, it is necessary to present evidence on the specific division of responsibility for the traffic accident and overturn the validity of the determination of responsibility for the traffic accident.

After the accident occurs, the parties can collect relevant evidence to be retained in a timely manner, such as the accident scene, if there is a camera probe near the accident scene, then they can provide evidence in the lawsuit or apply to the court to obtain the video, if necessary, they can also apply for the identification of the cause and traces of the accident. Rent vacancies.

3. File a civil lawsuit with the court and ask the court to re-identify the accident responsibility, and the court will not accept the accident certificate if it finds that the accident certificate is indeed improper during the trial.

How to sentence secondary liability for traffic accidents depends on the type of illegal accommodation. Specifically:

1. If one party intentionally causes a traffic accident, the party who bears the secondary responsibility for the traffic accident is not liable;

2. None of the parties is at fault for causing the traffic accident, and none of the parties involved in the traffic accident is liable.

How to divide the responsibility for traffic accidents.

1. If one party intentionally causes a traffic accident, the other party is not liable;

2. If a traffic accident is caused by the fault of one of the parties, the company shall bear full responsibility; If the party escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility;

3. If a traffic accident occurs due to the fault of two or more parties, the traffic accident shall be borne the primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their behavior on the accident and the severity of the fault;

4. None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, none of the parties is liable.

Legal basisArticle 87 of the Road Traffic Safety Law of the People's Republic of China.

The traffic management department of the public security organ and its traffic police shall promptly correct road traffic safety violations.

The traffic management department of the public security organ and its traffic police shall punish road traffic safety violations on the basis of the facts and the relevant provisions of this Law. If the circumstances are minor and do not affect road traffic, the illegal act shall be pointed out, and a verbal warning shall be given before release.

Article 88.

The types of penalties for road traffic safety violations include warnings, fines, suspension or revocation of motor vehicle driver's licenses, and detention.