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Traffic accident compensation, generally in the following order:
1. Compulsory traffic insurance. According to the limit, the compulsory liability insurance implements the principle of "no-fault liability", that is, the insurance company will compensate within the liability limit regardless of whether the insured is responsible for the traffic accident. If it is fully liable, the current compensation limit for death and disability of compulsory traffic insurance is 110,000 yuan, and the compensation limit for medical expenses is 10,000 yuan; The compensation limit for property damage is 2,000 yuan.
Even if there is a violation, if the driver is unable to compensate the third party for the personal and property losses suffered, the third party has the right to request the insurance company to pay compensation under the compulsory traffic insurance in accordance with the newly released judicial interpretation. However, the insurance company does not mean that the driver can be exempted after paying compensation under the compulsory traffic insurance, and this part of the compensation is the act of the insurance company paying on behalf of the insured, and its purpose is to enable the victim in the traffic accident to receive compensation protection and medical treatment in a timely manner, so the insurance company has the right to recover from the illegal driver after paying compensation to the victim.
2. Commercial insurance. For the remaining part of the compulsory traffic insurance, the commercial third-party insurance is based on the liability, and the commercial third-party insurance adopts the insurance company to determine its liability according to the accident liability borne by the insured in the traffic accident (in addition, there are provisions such as deductible or deductible in the commercial third-party insurance, that is, the insurance company will compensate for the part that exceeds the deductible or deductible). In the event of a violation (such as drunk driving or changing the use of the vehicle without permission), the insurance company is not responsible for compensation because the commercial third-party insurance policy generally lists drunk driving and other violations as the scope of liability, and the driver should be responsible for compensation.
3. The driver is personally responsible. The driver is personally responsible for the remaining part of the loss in addition to the liability insurance of the three parties in the limit of the compulsory traffic insurance.
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Electric vehicles are never responsible.
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Legal analysis: First of all, the compulsory traffic insurance of motor vehicles. Regardless of the size of the responsibility.
As long as the motor vehicle is responsible. Compulsory traffic insurance will be compensated normally. If there is an injury to the non-motorized party.
So. The compulsory traffic insurance of the motor vehicle party shall be compensated in advance. 10,000 yuan for medical expenses.
More than 10,000. The motor vehicle is responsible for 30% of the liability. The non-motorized party is responsible for 70% of the responsibility.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents
Article 45: The determination of road traffic accidents shall be based on lawful procedures, clear facts, credible and sufficient evidence, correct application of law, and fair division of responsibility.
Article 46 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party.
1) If a road traffic accident is caused by the fault of one of the parties, it 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, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
Provincial-level public security organs may, in accordance with relevant laws and regulations, formulate specific detailed rules or standards for determining responsibility for road traffic accidents.
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Legal analysis: 1. The main liability of electric vehicles is as follows
1) The electric vehicle party shall bear 70% of the compensation for the loss of the motor vehicle, and the motor vehicle party shall bear 30% of the compensation for the insufficient part;
2) In the event of a traffic accident between a car and an electric vehicle, the specific accident liability should first be determined according to the traffic accident identification issued by the traffic police department, and after the motor vehicle party pays the relevant amount of compensation in accordance with the provisions of the compulsory traffic insurance, the insufficient compensation part shall be borne by both parties in accordance with the specific liability ratio in the identification letter.
2. The division of responsibilities of the main responsibility of the electric vehicle and the small car
1. One party shall be fully responsible for the traffic accident caused by the violation;
2. If the violations of the two parties jointly cause an accident, the party that plays a large role in the accident shall be primarily responsible and the other party shall be secondarily liable;
3. If the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of their respective violations in the traffic accident.
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 by 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 fail to 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.
1. Regulations on the licensing of electric vehicles:
1. Residents who meet the "Safety Technical Specifications for Electric Bicycles" (GB17761-2018, hereinafter referred to as the "New National Standard") and obtain CCC certification for personal self-use electric bicycles shall be registered and issued with valid materials with official license plates and driving licenses with black letters on a white background.
2. Residents' personal self-use electric bicycles that are in use before the implementation of the "new national standard" and meet the "General Technical Conditions for Electric Bicycles" (GB17761-1999, referred to as the "old national standard") or meet the "new national standard" but have not obtained CCC certification shall be registered for the transition period before September 30, 2022, and the transition period license plate and driving license with black characters on a yellow background shall be issued with valid materials, and the license plate shall be valid until November 30, 2023.
3. For online delivery electric bicycles that meet the "new national standard" and have obtained CCC certification, the official license plate and driving license with white characters on a blue background shall be registered and issued with valid materials, and shall be used according to the purpose of online delivery.
Second, the process of electric vehicle licensing:
1. Bring the original and copy of the owner's ID card, electric certificate, electric vehicle purchase invoice and other materials to the registration office to arrange for licensing.
2. Park the electric car in the designated location and ask a special person to come and take pictures with your mobile phone. Then wash out the electric car**.
3. Go to the office to fill in the application form for non-motor vehicle registration, as shown in the figure below. Fill in the frame number into the EV Bike Inspection Record Form, and then give all the materials to the counter staff. After the inspection conclusion is qualified, you can ride the bike to the weighing place.
4. Park the electric bicycle to the weighing place and open the frame cover and cushion. There will be a professional person to make a weighing record.
5. Go to the window to get the number and queue up, and then go to another window to pay the fee. Then wait 20-30 minutes for the grade to be made.
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Legal analysis: (1) If the motor vehicle party is fully responsible for the traffic accident, it shall bear 100% of the compensation liability; (2) If the motor vehicle party bears the main responsibility in the traffic accident, it shall bear 80% of the compensation liability; (3) If the motor vehicle party bears equal responsibility in the traffic accident, it shall bear 60% of the compensation liability; (4) If the motor vehicle party bears secondary liability in the traffic accident, it shall bear 40% of the compensation liability; (5) If the motor vehicle party is not liable, it shall bear 10% of the compensation liability; (6) If a non-motorized vehicle driver or pedestrian has a traffic accident on an urban expressway or highway that prohibits non-motorized vehicles and pedestrians, and the motor vehicle party is not liable, it shall bear 5% of the compensation liability.
Legal basis: "Interpretation on Compensation for Personal Injury" Article 19 Medical expenses shall be determined on the basis of the receipt vouchers issued by the medical establishment, such as medical expenses and hospitalization expenses for early inspection, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has any objection to the necessity and reasonableness of the first party, it shall bear the corresponding burden of proof.
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