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Core tip: What are the legal consequences of not buying compulsory traffic insurance for vehicles? According to the provisions of the "Regulations on Compulsory Traffic Insurance", the traffic management department of the public security organ has the right to detain the motor vehicle, notify the owner and manager of the motor vehicle to take out insurance in accordance with the regulations, and impose a fine of twice the insurance premium that should be paid.
Here's what Legal Express is about for you.
1. What is compulsory traffic insurance?
The full name of compulsory traffic insurance is compulsory motor vehicle traffic insurance, and the "Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability" (hereinafter referred to as the "Regulations") stipulates that compulsory traffic insurance is a compulsory liability insurance for the personal and property losses of the victims (excluding the vehicle personnel and the insured) caused by road traffic accidents caused by the insured motor vehicle within the liability limit. It is a new type of insurance, and it is also the first statutory compulsory insurance in China, and all motor vehicles on the road must be insured with compulsory traffic insurance.
Compulsory liability insurance implements a unified national liability limit, a unified basic rate and a unified policy clause.
2. What are the legal consequences of not insuring the vehicle with compulsory traffic insurance?
The consequences of not insuring compulsory traffic insurance are very serious, according to the provisions of the "compulsory traffic insurance regulations", the owner or manager of the motor vehicle driving on the road in the territory of the People's Republic of China should be insured with compulsory traffic insurance, the owner and manager of the motor vehicle are not insured in accordance with the provisions of the compulsory traffic insurance, the traffic management department of the public security organ has the right to detain the motor vehicle, notify the owner and manager of the motor vehicle to take out insurance in accordance with the regulations, and impose a fine of 2 times the insurance premium that should be paid.
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(A) according to the law, not in accordance with the provisions of the payment of compulsory traffic insurance, the motor vehicle will be detained by the traffic management department of the public security organs, and imposed a fine of 2 times the minimum liability limit payable insurance premiums. The vehicle will only be returned after the owner and manager of the vehicle have applied for compulsory traffic insurance in accordance with the regulations. And if you do not insure the compulsory traffic insurance, the vehicle will not be inspected annually, and you will not be allowed to drive on the road, and once found, you will be deducted points, confiscated driver's license, fined and other penalties.
1. If it is found that the motor vehicle has not been insured with compulsory traffic insurance in accordance with the regulations, the public security traffic management department shall detain the motor vehicle, notify it to take out insurance, and impose a fine of twice the insurance premium that should be paid in accordance with the minimum liability limit of the insurance. If the compulsory traffic insurance is re-applied in accordance with the regulations, the motor vehicle shall be returned in a timely manner.
2. If the motor vehicle driving on the road is not placed with an insurance mark, the public security traffic management department shall detain the motor vehicle, notify the party concerned to provide the insurance mark or go through the corresponding procedures, and may give a warning or a fine of not less than 20 yuan but not more than 200 yuan. If the party concerned provides the insurance mark or goes through the corresponding formalities, the motor vehicle shall be returned in a timely manner.
2) Relevant legal provisions.
1. Article 39 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability: If the owner or manager of a motor vehicle fails to take out compulsory insurance for motor vehicle traffic accident liability in accordance with the regulations, the traffic management department of the public security organ shall detain the motor vehicle, notify the owner or manager of the motor vehicle to take out insurance in accordance with the regulations, and impose a fine of twice the insurance premium that should be paid in accordance with the minimum liability limit for insurance in accordance with the regulations.
2. According to the first paragraph of Article 19 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, "if a motor vehicle that has not been insured with compulsory traffic insurance in accordance with the law causes damage in a traffic accident, and the party requests the insurance obligor to compensate within the liability limit of the compulsory traffic insurance, the people's court shall support it. ”
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Recently, when citizen Wu drove a car to Xueyuan Road, he encountered a routine inspection by the traffic patrol police, and found that the compulsory traffic insurance of Wu's vehicle had expired for 5 days. Due to his carelessness, Wu's vehicle was not only temporarily impounded, but also fined 1,900 yuan.
According to the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability, if the owner or manager of a motor vehicle fails to take out compulsory insurance for motor vehicle traffic accident liability in accordance with the regulations, the traffic management department of the public security organ shall detain the motor vehicle, notify the owner or manager of the motor vehicle to take out insurance in accordance with the regulations, and impose a fine of twice the insurance premium that should be paid in accordance with the minimum liability limit for insurance in accordance with the regulations.
In addition, another consequence of not buying compulsory traffic insurance is that once the owner has a third-party major accident during the protection period without compulsory traffic insurance, the car owner will pay a huge amount of compensation. A lot of people have lost their money because of it. Tips:
If the car owner does not purchase compulsory traffic insurance in accordance with the regulations, not only will he be punished, but most importantly, the car owner will often bring a huge amount of compensation risk when the liability risk occurs, and many car owners will often go bankrupt because of this. Therefore, car owners should not ignore the importance of compulsory traffic insurance, and must pay it in time. If the compulsory traffic insurance expires, it is recommended not to drive on the road and find an insurance company to renew the insurance as soon as possible.
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Legal analysis: If the vehicle is not insured by compulsory insurance, the traffic management department of the public security organ shall detain the vehicle until it is insured in accordance with the regulations, and impose a fine of twice the insurance premium that should be paid in accordance with the minimum liability limit of the insurance.
Legal basis: Article 98 of the Road Traffic Safety Law of the People's Republic of China stipulates that if the owner, manager or person of a motor vehicle fails to insure the compulsory third-party liability insurance of the motor vehicle in accordance with the provisions of the state, the traffic management department of the public security organ shall detain the vehicle until the insurance is trapped in accordance with the regulations, and shall be fined twice the insurance premium payable in accordance with the minimum liability limit of the insurance.
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The consequence of not paying the compulsory vehicle insurance is that it will bear administrative liability and civil liability.
If the owner or manager of the motor vehicle fails to follow the provisions of the state to reserve the compulsory insurance of the third party liability of the motor vehicle, the traffic management department of the public security organ shall detain the vehicle until it is insured in accordance with the regulations, and impose a fine of twice the insurance premium that should be paid in accordance with the minimum liability limit and hail damage; In the event of a traffic accident, the owner shall be liable for compensation within the scope of compulsory traffic insurance; If another person causes an accident by driving a car that has not been insured by compulsory traffic insurance, the owner of the car shall be jointly and severally liable within the scope of compulsory traffic insurance.
The traffic management department of the public security organ and the competent department of agriculture shall, in accordance with the law, supervise and inspect the participation of motor vehicles in motor vehicle traffic accidents and compulsory liability insurance. For motor vehicles that have not participated in the compulsory insurance of motor vehicle traffic accident liability, the motor vehicle management department shall not be registered, and the motor vehicle safety technology rolling submersion inspection agency shall not be inspected.
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Legal analysis: The full name of compulsory traffic insurance is "compulsory insurance for motor vehicle traffic accident liability", which is a compulsory liability insurance for the personal and property losses of the victim (not including the vehicle personnel and the insured) caused by the road traffic accident of the insured motor vehicle within the liability limit. If there is no compulsory traffic insurance for motor vehicles, it is tacitly considered that there is compulsory traffic insurance, and there is a legal basis for early law.
Legal basis: Article 2 of the Regulations on Compulsory Traffic Insurance Article 2 The owner or manager of a motor vehicle driving on the road within the territory of the People's Republic of China shall purchase compulsory insurance for motor vehicle traffic accident liability in accordance with the provisions of the Road Traffic Safety Law of the People's Republic of China.
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If you don't buy compulsory traffic insurance, it is an illegal act to drive on the road, and there is no way to get a new car, and you can't pass the annual inspection, if the traffic police find out that the car will be impounded, and the owner will be fined.
The full name of compulsory traffic insurance is "compulsory insurance for motor vehicle traffic accident liability". The essence of compulsory liability insurance is third-party liability insurance, but it is different from third-party liability insurance in commercial insurance. It has the characteristics of statutory, mandatory, extensive and public welfare.
The purpose of compulsory traffic insurance is mainly to protect pedestrians, regardless of whether the insured is responsible in the accident or not, the insurance company will pay, which is actually a mandatory protection for the personal safety and property safety of pedestrians and non-motorized vehicles. In addition, if there is a scratch between a motor vehicle and a non-motor vehicle, the compulsory traffic insurance will pay according to the liability limit to ensure that the victim can receive compensation.
Compulsory liability insurance compensation is divided into liability compensation and non-liability compensation, of which liability compensation refers to the compensation limit for death and disability, property damage and medical expenses, and non-liability compensation refers to the compensation limit for non-liability death, property damage and medical expenses.
China's law has stipulated that car owners must pay compulsory traffic insurance, and it is illegal to fail to pay compulsory traffic insurance. Car owners must purchase compulsory traffic insurance for their cars.
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What are the legal consequences of not taking out compulsory traffic insurance for a vehicle?
The consequences of not insuring compulsory traffic insurance are very serious, according to the provisions of the "compulsory traffic insurance regulations", the owner or manager of the motor vehicle driving on the road in the territory of the People's Republic of China should be insured with compulsory traffic insurance, the owner and manager of the motor vehicle are not insured in accordance with the provisions of the compulsory traffic insurance, the traffic management department of the public security organ has the right to detain the motor vehicle, notify the owner and manager of the motor vehicle to take out insurance in accordance with the regulations, and impose a fine of 2 times the insurance premium that should be paid.
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The consequences of not insuring compulsory traffic insurance are very serious, according to the provisions of the "compulsory traffic insurance regulations", the owner or manager of the motor vehicle driving on the road in the territory of the People's Republic of China should be insured with compulsory traffic insurance, the owner and manager of the motor vehicle are not insured in accordance with the provisions of the compulsory traffic insurance, the traffic management department of the public security organ has the right to detain the motor vehicle, notify the owner and manager of the motor vehicle to take out insurance in accordance with the regulations, and impose a fine of 2 times the insurance premium that should be paid.
Extended information: The third scumbag complainant is responsible for the destruction of the risk and the compulsory traffic insurance.
1.The mandatory nature of the two is different. The "three liability insurance" is not mandatory, it is essentially a commercial insurance established in accordance with the commercial insurance system.
For vehicle owners and insurers, more attention is paid to the diversification of risks and the acquisition of insurance benefits, and whether to insure is the result of consensus between the two parties; The "compulsory traffic insurance" is mandatory, with a nature similar to social insurance, which pays more attention to the interests of the third party can be protected in a timely manner, and all vehicle owners are compulsorily insured, and the insurance company must underwrite and not refuse to insure.
2.The principle of compensation is different. The "three liability insurance" is to determine the liability of the insurer according to the fault liability, and the specific compensation method is specified in the insurance contract, and the compensation does not distinguish between personal injury and property damage, and is carried out in accordance with the contract, and the insurer bears the amount of compensation according to the size of the accident liability borne by the insured in the accident; However, the liability of the insurer of "compulsory traffic insurance" is determined in accordance with the principle of no fault, and it is not in accordance with the insurance contract but within the liability limit in accordance with the specific provisions of the law and the regulations on compulsory insurance of motor vehicle traffic accident liability.
3.The scope of compensation varies. The "three liability insurance" has made many exemptions for the scope of compensation, including different liability exemptions and deductible odds, while the "compulsory traffic insurance" covers almost all traffic accidents except for intentional accidents, and there is no provision for free odds.
At present, China is mandatory to require motor vehicles to bid for compulsory traffic insurance, which must have its necessity. On the one hand, it has a promoting effect on road traffic safety, and on the other hand, it can ensure that the victims of motor vehicle road traffic accidents receive compensation. It should be noted that the compensation scope of compulsory traffic insurance does not include the loss of one's own belongings or property in the insured vehicle.
In other words, this part of the loss will not be compensated by the compulsory traffic insurance.
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1. Since July 1, 2006, compulsory traffic insurance has been implemented in the country, and the full name is compulsory insurance for motor vehicle traffic accident liability, which is the first compulsory insurance system in China that is stipulated by national laws. According to the Regulations on Motor Vehicle Traffic Accidents, the consequences of not paying compulsory traffic insurance are as follows:
2. If the owner or manager of a motor vehicle fails to take out compulsory insurance for motor vehicle traffic accident liability in accordance with the regulations, the traffic management department of the public security organ shall detain the motor vehicle, notify the owner or manager of the motor vehicle to take out insurance in accordance with the regulations, and impose a fine of twice the minimum liability limit that should be paid in accordance with the regulations.
3. And another consequence of not insuring compulsory traffic insurance is that once the owner has a third-party major accident during the starvation period without compulsory traffic insurance, if there is no protection of compulsory traffic insurance, the owner will pay a huge amount of compensation in advance. Many people are bankrupt for this, so car owners should not ignore the importance of compulsory traffic insurance and must pay it in time. If the compulsory traffic insurance expires, it is recommended not to drive on the road, and you should find an insurance company to renew the insurance as soon as possible to prevent yourself from causing some unnecessary trouble and economic losses.
No, you cannot
According to the Regulations on Compulsory Traffic Insurance, the owner or manager of a motor vehicle driving on a road within the territory of the People's Republic of China shall take out compulsory traffic insuranceThe owner or manager of the motor vehicle fails to take out compulsory traffic insurance in accordance with the regulationsTraffic management department of the public security organThe right to impound a motor vehicle, notify the owner and manager of the motor vehicle to take out insurance in accordance with the regulations, andA fine of twice the premium payable shall be imposed. >>>More
If a road traffic accident occurs in the 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. >>>More
If you buy compulsory traffic insurance or not, depending on the needs of the car owner, the protection provided by the compulsory traffic insurance and the third party liability insurance is the same, but there is a limit to the liability compensation of the compulsory traffic insurance.
Compulsory traffic insurance, the full name of which is "compulsory insurance for motor vehicle traffic accident liability", is a compulsory liability insurance that compensates the victim (excluding the vehicle personnel and the insured) for personal and property losses caused by road traffic accidents caused by the insured motor vehicle within the liability limit. In other words, the compulsory traffic insurance can only compensate for the loss of the other party's vehicle caused by the accident, and can be compensated within the property damage compensation limit of the compulsory traffic insurance. If the scratches on the vehicle are their own car damage insurance, they will not be compensated, and only those who have purchased scratch insurance or car damage insurance and meet the conditions for compensation can receive compensation.
Compulsory traffic insurance is a compulsory insurance for motor vehicle traffic accident liability, the insurance period is paid once a year, and the amount of money paid for the first time is the purchase price plus other payments, but excluding VAT, calculated value. The second year is based on the previous year's driving situation, such as the frequency of accidents, the number of traffic violations, etc., if you have a completely good record in the previous year, then the second year of compulsory traffic insurance will be reduced by 15% on the original basis, if the record is not good, more accidents, then with its frequency to adjust accordingly, the increase is generally about 20%. >>>More