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the location of the traffic accident; In front of the Price Bureau of Lingbao City, Henan Province. basic information about the parties, vehicles, roads, and traffic environment; 1. Party A quasi-driving type A2, driving a small car in the accident, the car has third liability insurance. 2. Party B did not obtain a motor vehicle driver's license, and drove a two-wheeled motorcycle without a license plate in the accident, and the car was not insured.
3. Party C takes Party B to drive a two-wheeled motorcycle without a license plate. 4. Party D also took a two-wheeled motorcycle without a license plate driven by Party B. How the road traffic accident occurred:
When Party A drove a small car along Fuji Road from north to south to make a left turn in front of the Price Bureau, it collided with Party B driving a two-wheeled motorcycle without a license plate from south to north, resulting in a traffic accident in which the vehicle was damaged and Party B and the passenger Party C and Party D were injured. analysis of the causes of accidents; Party A's failure to give way to the straight car when driving a motor vehicle is the main cause of this accident. Party B drove a motor vehicle without a license plate, did not wear a safety helmet, carried more than the approved number of people, and failed to ensure safe passage.
is part of the cause of this accident. Additional Notes:
Is the traffic police's verdict right? Should we pay 30% of the responsibility??? We have now been discharged from the hospital and returned home, more than a month after the accident.
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Hello, if the liability is 70%, you need to multiply the total amount of compensation by 70%!
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You have 70% responsibility, then your hospitalization expenses, the other party's compulsory traffic insurance reimburses 10,000 yuan, you bear 70% of the part beyond 1w, the other party bears 30%, and the other party bears 30% of the commercial insurance pays. Your lost work expenses, nursing expenses, etc., will be paid by the other party's compulsory traffic insurance. Your car repair fee, the other party's compulsory traffic insurance bears 2,000 yuan, and the part exceeding 2,000 yuan is 70% for you and the other party bears 30% for you.
Similarly, the other party's car repair fee is also your compulsory traffic insurance to bear 2,000 yuan first, you bear 70% of the part exceeding 2,000, and the other party bears 30%. (If you do not pay the compulsory insurance, then the 2000 tests that should be reimbursed by the compulsory insurance are also your own responsibility.) There is also a car that hits a third party, and you will also be responsible for the compensation of the third party.
Because you have an accident with the car and cause the car to change direction and hit a third party, you are still responsible for 70% of the third party's losses. The car bears 30% of the third-party losses, which are covered by his commercial insurance. One thing that needs to be emphasized is that compulsory traffic insurance only compensates others, not oneself.
Commercial insurance only compensates himself and not others, so the commercial insurance of the car can only compensate him for the part that he needs to bear in the accident. Nothing else's.
Questions. I'm 30 percent liable, but my car repair insurance company is only 30 percent of the cost of repairing my car, is that correct?
This has nothing to do with the insurance company's claim.
Questions. Then I will pay for the repair of the car myself, or the insurance company.
Insurance company, just contact the insurance company.
Questions. When I contacted it, the insurance company said that it would only accompany me for 30 percent, and the remaining 70 percent would let me go out by myself.
How is the insurance contract written, there are many pitfalls in the insurance contract.
Questions. Yes all-risk.
What the insurance company means is that they cover 30% on top of your original 70%, and you cover the remaining 40%.
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If the other party is responsible for 30%, it will be compensated according to 30%, and if you are responsible for 70%, it will be compensated according to 70%. If the medical expenses are 30,000 yuan, then the other party's responsibility is almost 9,000 yuan, or less than 9,000 yuan, depending on the specific medication and specific situation. Similarly, if the other party has losses, such as the repair cost of car damage, medical expenses for personal injury, and lost time caused by an accident, then you are responsible for giving 70% of the compensation to the other party.
Accidents caused by vehicles are mainly manifested in poor vehicle performance, mechanical parts failure and sick driving, vehicle parts and head office strength, life and reliability, vehicle power, operability, smoothness, braking, lights, wipers, rearview mirrors and other safety section covering, tire technical condition and vehicle loading, etc., are the main aspects of traffic accident vehicle causes.
Legal basisArticle 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
Regulations on Procedures for Handling Road Traffic Accidents
Article 60 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) 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 traffic accident involving hail 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.
Article 58 Within five days from the date of determination of the inspection report and appraisal opinion, the traffic management department of the public security organ shall notify the party concerned to collect the detained accident vehicle.
The expenses incurred due to the detention of the vehicle shall be borne by the traffic management department of the public security organ that made the decision, but the traffic management department of the public security organ shall notify the party concerned to collect it, and the parking fee incurred by the party shall bear it within the time limit.
If the vehicle is not collected after 30 days of notification to the parties, and it is still not collected within three months after the announcement, the impounded vehicle shall be dealt with in accordance with law.
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Legal analysis: After a traffic accident occurs, after receiving the report, the insurance company should send someone to the scene to investigate or go to the traffic department to understand the accident situation, and at the same time assess the damage to the vehicle, estimate the reasonable cost, and notify the owner to go to the repair shop designated by the insurance company to deal with the accident vehicle. In the case of a claim for third-party liability, the amount of compensation shall also be determined by the Insurance Department in accordance with the law, and the compensation shall be cancelled and paid according to the insured amount.
The insurance company may refuse to pay the amount of compensation negotiated privately between the policyholder and a third party.
Legal basis: Article 22 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability In any of the following circumstances, the insurance company shall pay the rescue expenses within the limit of the compulsory insurance liability for motor vehicle traffic accident liability, 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.
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