How to determine the liability for motor vehicle and non motor vehicle accidents

Updated on society 2024-04-20
12 answers
  1. Anonymous users2024-02-08

    For your question, I think it's something like this:

    First of all, for the identification of accidents, I think you belong to the vulnerable group, and the traffic police will consider the issue of responsibility allocation in accordance with the road traffic law, so you don't need to think too much about this. Of course, if you can communicate with the traffic police in a timely and accurate manner and inform the true situation of the accident, it will be beneficial to you.

    In addition, whether the insurance that your girlfriend bought is useful in this accident should be analyzed in detail. If the responsibility for this accident is all the responsibility of the other party, then all the medical expenses should be borne by the other party's insurance company, and your insurance company does not need to bear it. Because some expenses such as medical expenses cannot be claimed repeatedly, so as not to make additional profits.

    If your girlfriend is reimbursed by the medical insurance, the medical insurance will definitely take the original medical invoice, and the insurance company of the party fully responsible for the accident will definitely not compensate for this part of the loss if it does not get the original invoice. And the medical insurance side only compensates part of it, and the other part doesn't know who to compensate for, so you don't need to go to the medical insurance to compensate at all.

    If you are also responsible, it will be different, whoever is responsible for most of the compensation for the medical expenses will take the original invoice, and make a copy of the invoice with the seal of the invoice retention unit, indicating the amount of compensation that has been paid, and this copy can be taken to the medical insurance to reimburse the remaining part.

    As for lost work expenses, food allowances, and later expenses, these are all rights granted to you in accordance with the law, and if you voluntarily give up these rights, of course, it doesn't matter. The cost of teeth, whether it is medical insurance or compulsory insurance, is not compensated. Because it does not fall within the scope of social medical insurance compensation.

  2. Anonymous users2024-02-07

    The insurance is to be reported, that is the business of the insurance company, and the responsibility is determined to be the business of the traffic police brigade, but you must bear the cost of medicine if you are hospitalized, if you are not satisfied, you can sue!!

  3. Anonymous users2024-02-06

    In the case of accidents between motor vehicles and non-motor vehicles and pedestrians, as long as it is proved that the non-motor vehicles and pedestrians deliberately collided with porcelain, the motor vehicle will lose money, because the motor vehicle is insured, and the driver himself does not need to pay.

  4. Anonymous users2024-02-05

    According to the provisions of the Road Traffic Safety Law of the People's Republic of China, if a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, the motor vehicle shall be liable; However, if there is evidence to prove that a non-motor vehicle driver or pedestrian has violated road traffic safety laws and regulations, and the motor vehicle driver has already taken necessary measures to deal with it, the liability of the motor vehicle party shall be reduced.

    If the loss of a traffic accident is intentionally caused by a non-motor vehicle driver or pedestrian, the motor vehicle party shall not be liable.

  5. Anonymous users2024-02-04

    I agree with the second floor. But now I suddenly don't understand whether electric vehicles belong to motor vehicles or not.

  6. Anonymous users2024-02-03

    Electric cars with people, retrograde, 2 mistakes.

    The taxi turned right, did not pay attention to safety, 1 wrong.

    Therefore, it is more likely that the main responsibility of electric vehicles and the secondary responsibility of taxis are relatively large.

    Vulnerable groups are irresponsible and unfounded.

    According to the traffic law revised at the end of 07, if the motor vehicle is responsible or not, it will pay 100% if it is fully responsible, and 10% if it is not responsible. In the case of partial liability, there is no specific proportion of compensation.

    In the case of secondary liability of the motor vehicle, the motor vehicle can be reimbursed by the insurance company for 30%, so the compensation ratio is at least 30%.

    **End the settlement, hundreds or tens of thousands, speak with medical bills.

  7. Anonymous users2024-02-02

    Motor vehicle primary liability.

    In fact, common sense responsibility should be non-motorized vehicles.

    However, the current regulations are to protect the vulnerable.

    In this accident, non-motorized vehicles are a vulnerable group.

    So be protected.

    You should want to claim compensation for the motor vehicle, and the amount is the actual medical expenses.

    I'll tell you.

    Cross the street and take the crosswalk, that's right.

    It has nothing to do with retrograde or not.

    However, non-motorized vehicles must be pushed across the crosswalk and cannot be ridden.

    So it's your responsibility in that regard.

    And in terms of motor vehicles.

    This is because it should unconditionally avoid pedestrians and non-motorized vehicles, let alone at pedestrian crossings.

    So he's also at fault.

    But consider that you are vulnerable.

    So the motor vehicle is responsible.

    But you can't be held accountable for him, and you won't be forgiving.

    Because your fault came first.

    So reimbursement of medical expenses is reasonable, but it can't be excessive.

    This must be reasonable.

    You do a good job of letting the traffic management department mediate.

    Otherwise, it's going to be hard.

  8. Anonymous users2024-02-01

    What are the criteria for determining liability for motor vehicle and non-motor vehicle traffic accidents?

  9. Anonymous users2024-01-31

    If there are no traffic lights, it's your responsibility, give way to oncoming cars on the right.

  10. Anonymous users2024-01-30

    You are primarily responsible, or possibly wholly, but at least primarily responsible. It is also correct for the other party to ask for half of the hospitalization fee, even if it is not paid to you, there is no good way. You can only pay for medical treatment by yourself.

    Now depending on your responsibility, there are no traffic lights at intersections, especially vehicles coming from your right direction, you have to go first, that is, you have to give way to others, and non-motorized vehicles must also give way to motor vehicles.

    If he hits your front wheel, you will be more responsible, and if he hits your rear wheel, then you may also be held equally responsible.

    Call the police, if you call the police, wait for the traffic police to make a determination of accident responsibility, and there are many factors to consider in the identification of accidents. Once it is determined that you are primarily responsible, then the repair fee given to you will not exceed 2,000 yuan. If it is determined that you are fully responsible, then you will be compensated 100 yuan for the grace of your car repair fee.

    Medical expenses can also compensate you 1,000 yuan. Or the other party's insurance company pays.

  11. Anonymous users2024-01-29

    What are the criteria for determining liability for motor vehicle and non-motor vehicle traffic accidents?

  12. Anonymous users2024-01-28

    The determination of liability for motor vehicle and non-motor vehicle traffic accidents is divided into four levels: full liability, primary liability, secondary liability and equal liability. In the case of accidents between motor vehicles and non-motor vehicles and pedestrians, the proportion of liability of one party of the motor vehicle is generally determined on the basis of 100% full responsibility, 80% primary responsibility, 60% equal liability and 40% secondary liability.

    Motor vehicles and motor vehicle accidents, which are the most common types of accidents encountered by most car owners, the division of responsibility is simple and clear. If there is an accident with a weak non-motor vehicle, the motor vehicle hits the non-motor vehicle and the liability is divided:

    1. If a non-motorized vehicle enters the motorized lane after being blocked in the non-motorized lane, and the motor vehicle does not take the initiative to avoid it, it is usually the motor vehicle that bears the main responsibility for the accident.

    2. If a non-motor vehicle temporarily enters the motor lane and an accident occurs, both parties shall be equally responsible. This means that if a bicycle is driven into a motor lane, and the owner does not avoid it and then hits the bicycle, although it is the consequence caused by the bicycle's own behavior, the owner is also half responsible.

    3. If there are no crosswalks, overpasses, or underpasses on the road, and the motor vehicle encounters a pedestrian crossing the road without taking the initiative to avoid it, the motor vehicle usually bears the main responsibility.

    4. On roads without lanes, if a motor vehicle rear-ends and hits a non-motor vehicle due to driving reasons, the motor vehicle is usually primarily responsible. If the accident occurs at night, both parties are equally responsible.

    5. When a motor vehicle passes through a crosswalk, if there is no signal light, and an accident occurs with a pedestrian or non-motor vehicle, the motor vehicle shall be fully responsible. If a pedestrian deviates from the crosswalk or is at other fault, the liability of the motor vehicle can be appropriately mitigated. Therefore, when you see a zebra crossing, whether it is a green light or not, the owner must pay attention to the safety of both sides, and if a pedestrian runs a red light and is hit, the owner must be responsible.

    6. If the motor vehicle does not drive in accordance with the regulations on the road where there is no clear division between motorized and non-motorized lanes, it will basically bear the main responsibility if an accident occurs. Therefore, when you see a zebra crossing, whether it is a green light or not, the owner must pay attention to the safety of both sides, and if a pedestrian runs a red light and is hit, the owner must also be responsible.

    In general, in the traffic regulations, non-motorized vehicles and pedestrians are in the weak side, if an accident occurs, the responsibility of the motor vehicle side will be slightly greater, but the specific division of responsibility depends on the behavior of both parties at the scene.

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

    The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents 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, according to the effect of their actions on the accident and the severity of the fault, they shall bear the primary responsibility, equal responsibility and secondary responsibility;

    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.

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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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Non-motorized vehicles are at least equally responsible. In the case you have stated, the non-motorized vehicle bears the primary responsibility and you will need to provide evidence.

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This is a very dangerous behavior, and many traffic accidents are caused by this, isn't the lesson of blood enough? Obey the traffic rules, and those who ride bicycles and electric vehicles should use the non-motorized lanes.