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The size of the liability is divided according to the accident liability and has nothing to do with insurance.
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First of all, the insurance company shall compensate within the scope of the compensation of the compulsory traffic insurance, and the proportion of the amount shall be determined according to the division of responsibility determined by the traffic accident.
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The responsibility is divided, the responsibility is all on you, and you have to bear half of the responsibility.
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Looking at the division of responsibility for the accident, how big is the damage consequence?
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The specific responsibility depends on the responsibility determination of the traffic police force.
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Legal analysis: If both parties are motor vehicles, the compensation method is that both parties use their respective compulsory traffic insurance to compensate each other, and if the compulsory traffic insurance is not enough to compensate, the other party will compensate 50% and bear 50% of the excess, and if both parties have insurance, they can use the insurance company to compensate.
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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Traffic accident liability is related to compulsory insurance, and as long as the compulsory traffic insurance is responsible, the loss within the compensation limit must be fully compensated. A maximum limit of 10 is also required for the Disclaimer.
The so-called responsibility means whether it is primary responsibility, secondary responsibility, equal responsibility, or full responsibility. It's all called responsibility. For example, the other party is the primary responsibility, and you are the secondary responsibility.
The loss of your vehicle is 1,000 yuan, and the loss of the other party's vehicle is 2,000 yuan. Then, the other party pays you 1,000 yuan, and you pay the other party 2,000 yuan.
Because, you all have a responsibility. This is the liability payment of compulsory liability insurance. If the other party is fully responsible, the other party will pay you 1,000 yuan, and you will have to pay the other party 200 yuan. This is called a no-liability payout.
1. The review process of the traffic accident liability determination.
1. If the parties to the traffic accident believe that the application procedures of the accident liability determination issued by the traffic police department are wrong or the division of responsibility is unfair, they can apply for review in a timely manner in accordance with the provisions of the traffic accident handling procedures, and 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. Circumstances that cannot apply for review. In any of the following circumstances, the application for review shall not be accepted, and the parties shall be notified in writing;
1) Accidents that occur when vehicles are passing outside the road;
2) Where either party initiates a lawsuit in a people's court and the court accepts it;
3) Road traffic accidents handled by applying simplified procedures;
4) The people's procuratorate approves the arrest of a suspect in a traffic accident;
3. In the case of an application for review and the public security traffic management authority at the next higher level upholds it, the parties may present evidence on the specific division of responsibility for the traffic accident in the civil lawsuit to overturn the validity of the traffic accident liability determination;
2. What is the subject of the traffic accident liability determination?
According to the provisions of the relevant laws of our country, the determination of responsibility for road traffic accidents shall be made by the public security traffic management department at the place where the traffic accident occurred, that is, the local traffic police brigade. In judicial practice, it is made by the traffic police who deal with traffic accidents. That is, it was made by the investigators of the case.
On the positive side, it is easy to understand and be familiar with the facts of the case, and on the negative side, it is easy to be subjective and one-sided. From the perspective of criminal justice evidence, it is not difficult to see that the investigators at the same time make evidence that plays a crucial and decisive role in the case obviously does not meet the requirements of the principles of criminal procedure.
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