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The simplest and most direct way is to sue the other party and submit it to the court for your own losses, so that you don't have to meet with the other party again. However, this method is relatively time-consuming but relatively secure.
If you want to negotiate with the other party quickly, you can understand it with reason, but the effect depends on how the other party is.
If you are a motor vehicle and have purchased car damage insurance, you can apply for recovery, but you must provide relevant information to the insurance company to assist in recovery, and it is your own insurance to be insured once.
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The claims process of insurance companies is different, and it is most accurate to call the insurance company** directly to consult manual services.
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Summary. Hello dear for your question, oh <>
The collision between an unlicensed and unlicensed motor tricycle and a car is recommended to be dealt with by the police, and then the traffic police will divide the responsibility according to the scene.
How to deal with the collision between an unlicensed and unlicensed motor tricycle and a car.
Hello to your sister for your <> this question
It is recommended to report to the police for the collision of an unlicensed motor tricycle and a car, and then the traffic police will divide the responsibility according to the current brother.
First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all liability for compensation. Responsibility is carried out according to the proportion of the division of responsibilities of the traffic police force. If you have insurance, contact the insurance company as soon as possible.
Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damage compensation, etc. The foundation is based on the identification of the disability level. The assessment of the level of disability is carried out by a specialized appraisal agency.
After the disability level is confirmed, the liability for compensation is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.
According to Article 60 of the Provisions on the Procedures for Handling Traffic Accidents on Daowang Jian Road, the traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the behavior of the parties 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, the party shall bear full responsibility; (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, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.
Responsibility is generally determined by the traffic police brigade, driving without a license is an important criterion for judging the tricycle to take responsibility, but it is not the main standard, under normal circumstances, the tricycle driving without a license is at least the second responsibility, such as the tricycle has some other violations such as running a red light, driving in the opposite direction, etc., will be upgraded to the main responsibility or full responsibility. Driving without a license alone will not be recognized as full responsibility, but it will generally be secondary responsibility, and there must be other violations of traffic rules before the responsibility will be escalated, upgraded to primary responsibility or even full responsibility.
Am I responsible for the cost of repairing an unlicensed motor tricycle?
Need. He's unlicensed, unlicensed, yes.
You are the main responsibility, you need to bear his main responsibility part of the compensation, he also has to bear his secondary responsibility for your compensation, he shall bear it. Mutual compensation.
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Summary. Driving without a license or license is an illegal act, and the legal liability to be borne includes two aspects:
1. Civil liability for compensation shall be borne according to the amount of liability;
2. Criminal liability.
Driving without a license and hitting a person constitutes a traffic accident crime, and generally speaking, if there are no aggravating circumstances, it should be sentenced to up to 3 years in prison.
According to article 133 of the Criminal Law of the People's Republic of China, whoever violates the laws and regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
What should I do if I get involved in a traffic accident while driving an unlicensed agricultural motor tricycle without a license? What are the responsibilities of the driver?
Driving without a license or license is an illegal act, and the legal liability to be borne includes two aspects: first, civil liability, according to the amount of liability; 2. Criminal liability. Driving without a license and hitting a person constitutes a traffic accident crime, and generally speaking, if there are no aggravating circumstances, it should be sentenced to up to 3 years in prison.
According to article 133 of the Criminal Law of the People's Republic of China, whoever violates the laws and regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to a suspended sentence of three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of disturbing the lead trail and escaping shall be sentenced to fixed-term imprisonment of not less than seven years.
First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation. Responsibility is carried out according to the proportion of the division of responsibilities of the traffic police force. If there is insurance, Notaka will contact the insurance company as soon as possible.
Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.
Third, after the disability level is confirmed, the compensation liability is confirmed based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.
How to deal with traffic accidents caused by driving without a license, taking pictures without a tricycle, a motor vehicle colliding with a car.
This requires the traffic police to determine responsibility and bear compensation in proportion to the responsibility But driving without a license and license itself has been illegal, and it is necessary to bear the corresponding responsibility.
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Summary. There are two types of claims for liability accidents:
1. If both parties are motor vehicles, both parties shall compensate each other with their respective compulsory traffic insurance, and the other party shall compensate 50% of the excess part of the compulsory traffic insurance if the compulsory traffic insurance is not enough to compensate, and shall bear 50% by themselves;
2. If one party is a motor vehicle and the other party is a non-motor vehicle or a pedestrian, 50% of the loss of the motor vehicle shall be compensated by the other party, and the other 50% shall be borne by itself, and the insurance company shall compensate if there is insurance.
If a traffic accident car collides with an unlicensed and unlicensed motor tricycle, resulting in injuries to passengers on the tricycle, how to pay for the five or five liabilities?
Hello, I am a cooperating lawyer and it is a pleasure to serve you.
The claim settlement of the 55th Liability Accident is divided into two situations: 1. If both parties are motor vehicles, both parties shall compensate each other with their own compulsory traffic insurance, and the other party shall compensate 50% of the excess part of the compulsory traffic insurance and bear 50% of the compensation by themselves; 2. If one party is a motor vehicle and the other party is a non-motor vehicle or a pedestrian, 50% of the loss of the Mosui motor vehicle is compensated by the other party, and the other 50% is borne by itself, and the insurance is compensated by the Baoxiao brother insurance company.
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Summary. Hello! I'll take a look, you wait a minute, I'll get back to you after a look, come right away.
Agricultural tricycles are on the road without a license and traffic accidents occur, how to deal with them?
Hello! I'll take a look, you wait a minute, I'll get back to you after a look, come right away.
The first is to protect the scene of the accident. The injured were sent to the hospital for rescue, and second, the police were called, and the traffic police intervened. Survey of the accident scene.
Third, the training and reform will be conducted on both parties to conduct interrogation and investigation and technical inspection of the vehicle. Fourth, the responsibility for the accident is divided according to the model and the cause of the accident in combination with the overall accident situation.
I am the owner of a tricycle of agricultural vehicles (farmers do not have a driver's license), while driving normally, car A (car) suddenly crossed the double yellow line from the left side and hit my car, causing my car to scratch the car B (car) on the right side of my closed Bigao car Huinai, car B sued me for driving without a license for compensation, what should I do? Car ruler.
According to the above, you should call the police first, let the police intervene in the investigation, and believe that the police will investigate clearly and make correct judgments and punishments.
You can only actively cooperate with the police investigation now. I believe that the police will eventually investigate and see who is responsible.
Now car B sues me for driving without a license, asking for a lot of compensation, I am the first victim of the accident in the world, I was hit first, is there a rule for the use of tricycles in China's traffic law? We didn't let us get a driver's license for the search year either.
Then you have to believe that the police will definitely lose money. According to the facts, you can only be like this now, because you don't have a rough mountain license to drive, and you are not right in itself. Oak stool god.
None of your side asked you for a driver's license, so the police will definitely deal with it according to the situation on your side.
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Legal analysis: After being determined to be responsible for a traffic accident, the other party does not compensate or refuses to negotiate a settlement, the two parties fail to negotiate, and the traffic police force mediates ineffectively, so they can only sue in court and resolve it through law.
Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 74 In the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court. After mediation by the traffic management department of the public security organ, if the parties do not reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.
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.
Legal analysis: The corresponding compensation shall be made according to the size of the liability, and if the compensation scope of the compulsory traffic insurance is exceeded, the parties shall bear the responsibility for compensation according to the size of the liability. According to the relevant laws and regulations, if the insured motor vehicle suffers from a road traffic accident 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 the law. >>>More
In the event of a traffic accident between a motor vehicle and a motor vehicle, fault liability is applicable, and a traffic accident occurs between a motor vehicle and the actor, because the transportation behavior itself is a high-risk industry, and compulsory insurance and commercial insurance are required to share the risk. Pedestrians are relatively disadvantaged and do not have a sound insurance system to protect them, so the law is biased towards protecting the interests of the disadvantaged party. Therefore, even if the motor vehicle is not at fault in the accident, it will bear no more than 10% of the compensation based on humanitarianism.
The foreign version of the Chevrolet Classic has become Avio, in fact, this car can be said to be a frequent visitor to the car accident death list.
There is also a percentage of secondary liability, whether it is 1% or 49% is secondary responsibility, and 50% is equal responsibility. The compensation items and calculation methods are shown below**.