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If there is no compulsory traffic insurance, the vehicle cannot be inspected annually, and if the compulsory traffic insurance is not paid, the liability within the compensation limit of the compulsory traffic insurance shall be borne by the vehicle insurance obligor.
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 victims (excluding the vehicle personnel and the insured) caused by road traffic accidents caused by the insured motor vehicle 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".
According to the provisions of the Regulations on Compulsory Traffic Insurance, the owner or manager of a motor vehicle driving on the road within the territory of the People's Republic of China shall take out compulsory traffic insurance, and if the owner or manager of a motor vehicle fails to take out compulsory traffic insurance in accordance with the regulations, the traffic management department of the public security organ has the right to 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 payable.
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For the motor vehicle that is the subject of compulsory traffic insurance, the insurance liability does not include the tricycle.
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Someone else hit your tricycle: let him pay;
Someone else's tricycle hits you: let him pay;
You hit someone else's tricycle: you pay him;
Your tricycle hits someone else: you pay him.
All claims will be negotiated and settled in cash.
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Pay for it yourself.
There is no other way. If the other person is good, forget it.
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Legal analysis: There are many disputes in the application of law in the traffic accident liability disputes caused by electric tricycles, and the dispute involved in this case is whether the court should support the damage caused by the traffic accident of the electric tricycle that cannot be insured by the electric tricycle in a traffic accident, and the parties request the electric tricycle party to compensate within the liability limit of the compulsory traffic insurance. There are also differences in judicial practice, with one view that it should be supported and handled as a motor vehicle, according to 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; One point of view is that it should not be supported, electric tricycles belong to the administrative perspective of motor vehicles, however, because the electric tricycle is not included in the national motor vehicle catalog, the public security traffic management authorities are not registered in accordance with the law, and insurance companies do not handle compulsory traffic insurance, so electric tricycles cannot be treated as ordinary motor vehicles when going through motor vehicle registration and insurance procedures.
The judgment in this case also adopts the second view. According to the current management practice, the electric tricycle is indeed unable to insure the compulsory traffic insurance, and the fault of the uninsured compulsory traffic insurance does not lie with the motor vehicle party, which is not reproachable, so the electric tricycle party does not need to compensate within the liability limit of the compulsory traffic insurance. Therefore, for the victim's losses, the liability for compensation should be determined in accordance with the principle of general civil tort.
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 limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with 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 22 In any of the following circumstances, the insurance company shall pay the rescue expenses within the limits of the compulsory insurance liability for motor vehicle traffic accidents, and shall have the right to recover compensation from the victim: (1) the driver has not obtained driving qualifications or is intoxicated; (2) The accident is caused 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.
Article 24 The State shall establish social assistance for road traffic accidents** (hereinafter referred to as assistance**). In any of the following circumstances, the funeral expenses and some or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the rescue management agency shall have the right to recover from the person responsible for the road traffic accident: (1) The rescue expenses exceed the liability limit of the compulsory insurance of motor vehicle traffic accident liability; (2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability; (3) Fleeing after a motor vehicle has been hit.
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This depends on the specific situation and cannot be generalized, but it has nothing to do with whether it is free or not.
There are two types of specific compensation for traffic accidents involving tricycles, mainly depending on the type of tricycle.
Tricycles in traffic laws.
It is recognized as both human and motor vehicle. Rickshaw.
In accordance with non-motorized vehicles.
Needless to say, this is not to be said. In addition, as a motor tricycle, it is divided into two types: electric and gasoline and diesel-powered. According to the provisions of the Road Traffic Law, these two types of vehicles are motor vehicles.
Motor vehicles must pay compulsory traffic insurance on the road, otherwise they are prohibited from going on the road. But, electric tricycles.
In our country, we do not apply for compulsory traffic insurance, so in view of the legal provisions and the actual insurance company's business restrictions, after the receipt of the liability determination for such cases, the electric tricycle does not apply to the obligation of separate compensation within the scope of the third-party compulsory liability insurance of 122,000 yuan in the process of claims. In addition, if it is a gasoline and diesel tricycle is a motor vehicle in the full legal sense, it must pay compulsory insurance on the road, and if it causes damage to the person and property of a third party, it should first start with 110,000 death and disability compensation, 10,000 original medical insurance.
Within the scope of 2,000 yuan of property loss, the insurance company shall bear the part of the loss of insufficient liability compensation on the basis of the scope of compensation in advance, and shall bear it in proportion to the degree of fault of the party in the determination of the finder. In fact, the electric tricycle was defined as a motor vehicle by the public security traffic system in those years, which stipulates such as the maximum design speed of 80 wheat, the weight of the vehicle exceeds 100 yuan and 50 catties, etc. It should be defined as a motor vehicle by reference, but its operation is restricted by insurance, and it is obviously unreasonable to compensate for accident losses based on motor vehicles.
Therefore, at present, electric tricycles are being checked all over the country. The main reason is that he is a motor vehicle as defined by law, but he is not allowed to go on the road without compulsory traffic insurance for motor vehicles, and the compensation ability of the parties involved in traffic accidents is insufficient, which is not conducive to social stability. There are many details that need to be elaborated, but only the general direction of the regulations are listed and classified, I hope it will be helpful to you.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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We are happy to answer for you, dear, how to bear the responsibility of blind riding in the event of a traffic accident without compulsory traffic insuranceHow to bear the loss within the limit of the vehicle without compulsory traffic insurance, there are the following opinions: The first opinion is that after a traffic accident involving a motor vehicle without compulsory traffic insurance, it should bear the liability for compensation in accordance with the rules of tort liability.
The second opinion holds that after a traffic accident occurs in a motor vehicle that has not been insured with compulsory traffic insurance, the motor vehicle party shall first bear the liability for compensation within the liability limit of the compulsory insurance of the third erector liability of Yu Shen Socks, and the additional losses beyond the liability limit shall be borne in accordance with the tort liability stipulated in Article 76 of the Road Traffic Safety Law.
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Summary. Hello kiss Yes kiss Electric tricycle is required to purchase compulsory traffic accident liability insurance (referred to as compulsory traffic insurance). This provision can be derived from Article 76 of the Road Traffic Safety Law of the People's Republic of China, which clearly mentions that "the owner of a motor vehicle shall take out compulsory traffic accident liability insurance", and according to the relevant provisions of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability, the definition of motor vehicle includes "motorcycles, electric bicycles and electric tricycles".
So, if you own an electric tricycle and want to drive it on the road legally, then you need to purchase compulsory traffic accident liability insurance from an insurance company designated by the traffic management department. In this way, in the event of a traffic accident, the insurance company will compensate you for bodily injury and property damage. At the same time, it is also recommended to have a car damage insurance to protect your vehicle from the loss of your vehicle in an unexpected situation.
Hello kiss is a cautious number of kisses Electric tricycles need to purchase compulsory traffic accident liability insurance (referred to as compulsory traffic insurance). This provision can be derived from Article 76 of the Law of the People's Republic of China on Road Traffic Safety, which clearly mentions that "the owner of a motor vehicle shall take out compulsory traffic accident liability insurance", and according to the relevant provisions of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability, the definition of motor vehicle includes "motorcycles, electric bicycles and electric tricycles". So, if you own an electric tricycle and want to drive it on the road legally, then you need to purchase compulsory traffic accident liability insurance from an insurance company designated by the traffic management department.
In this way, in the event of a traffic accident, the insurance company will compensate you for bodily injury and property damage. At the same time, it is also recommended to have a car damage insurance to protect your vehicle from the loss of accidental imitation.
It should also be noted that compulsory traffic insurance is only the most basic compulsory insurance, if you want to more comprehensively protect the safety of electric tricycle travel, you can also buy commercial cover Xunye insurance or third-party liability insurance. This kind of insurance can solve the <>problem of loss of people or property caused by non-traffic accidents of motor vehicles to a certain extent
It is necessary because in recent years, electric tricycles and electric vehicles have become very popular in rural areas, basically one per person. However, due to the use of electric vehicles in rural areas, people's traffic awareness is weak, resulting in many unnecessary traffic accidents. From the historical development of rural areas, it can be seen that tricycles have developed from the original unicycles, energy storage vehicles, and human-powered scooters to human-powered tricycles, motorcycle tricycles, and electric tricycles, and have become indispensable means of transportation in rural areas. >>>More
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The electric tricycle uses high-quality and large-capacity lead-acid batteries for traction, which is powerful; Using high-quality DC motor, the operation noise is small and the service life is long; The speed regulation system adopts stepless speed regulation, which is simple in structure and easy to operate. It has the advantages of small size and can flexibly walk through narrow roads, so it is still more popular with the public. Xinri, Luyuan, Emma, Giant, Yadea, Amini, Hongdu, these brands that have advantages in electric vehicles should also do relatively well in terms of electric tricycles, and the landlord can refer to the comparison to see it.