The truck is not the main responsibility for the traffic accident, how to compensate

Does the landlord mean that you pay for all three or that the insurance company pays you?

If the truck is overloaded and causes a traffic accident, the insurance company can refuse to pay compensation. But please note: it is "yes", that is, it is selective, and many insurance companies pay according to the overload rate, such as 50% overload, only 50% will be paid; If you overload 60%, you will only pay 40%, etc., each insurance company has different requirements, so you better consult your insurance company.

Depending on whether the accident is big or not, if it is big, it is best to go to the manager of your local branch of the insurance company, if it is small, forget it. The traffic police's accident responsibility determination is also very important, and it will be easy for you to deal with it if you can prevent the traffic police from not indicating overload on the responsibility letter.

If you pay for all three, then you can pay as much as you want. It would be good to pay according to the division ratio of the accident liability certificate.

For third-party compensation, there is no restriction on compulsory traffic insurance, if the traffic police have determined or the insurance company has mastered the evidence of overloading, commercial insurance will have a certain deductible when the third party pays, the vehicle loss that is, the motor vehicle loss insurance terms will generally indicate that the violation of the loading regulations belongs to the scope of the deductible, but depending on the opinions of the insurance company, it may be to negotiate the deductible part (which truck is not overloaded on the road now, or what to eat).

After obtaining the certificate of responsibility, mediation will be carried out to negotiate how to compensate, and if the mediation fails, a civil lawsuit will be filed.

2.After confirming the end of the injured person or determining the result of the damage, the parties or persons must be asked within the specified time whether they are willing to carry out compensation mediation. If they are willing to mediate, the maximum number of mediations is two; If they are unwilling to mediate, inform the parties that they may file a civil lawsuit with the people's court within the statutory limitation period.

3.After the mediation is successful, the "Mediation Statement" is prepared and sent to the parties respectively.

4.If the mediation is unsuccessful, the "Mediation Conclusion Document" shall be filled out and sent to the parties, and the parties shall be informed that they may file a civil lawsuit with the people's court within the statutory limitation period.

Legal analysis: overloading of trucks refers to the loading quality of trucks exceeding the approved load quality stated in the driving license. The damage and damage caused by overloaded freight vehicles is intolerable, and in addition to the possibility of crushing the road surface, the probability of traffic accidents is relatively high.

Although the relevant transportation departments have been emphasizing strict control, the phenomenon of overloading has not been fundamentally improved, and some of the first oak sides have become more and more serious. The reasons can be attributed to: First, the personnel engaged in the logistics industry out of the control of logistics costs, do not hesitate to take the risk of overloading transportation is the relevant departments of the overload phenomenon of the punishment is insufficient, and the fine alone can not cause it to deter and slip.

Therefore, to be overloaded, logistics practitioners should start from themselves, abide by the law, in addition to fines, the relevant departments should also use a variety of means to educate and persuade illegal overload personnel.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 48 The load of motor vehicles shall conform to the approved load weight, and the length, width and height of the overloaded goods shall not violate the loading requirements, and shall not be spilled or scattered. Article 92 stipulates, "If a freight motor vehicle exceeds the approved load weight, it shall be fined not less than 200 yuan but not more than 500 yuan, and if it exceeds 30% of the approved load weight or carries passengers in violation of regulations, it shall be fined not less than 500 yuan but not more than 2,000 yuan for transporting it."

If the vehicle of the transport unit is not changed after being punished, the person in charge who is directly responsible shall be fined not less than 2,000 yuan but not more than 5,000 yuan.

Hello, very happy to answer for you! [Kaihui Jane defeated] <>

The division of responsibility for traffic accidents involving overloaded trucks is also based on the fault and cause of the actual accident. Traffic accidents caused by truck overloading, the truck driver will be fully responsible, if it is the responsibility of the other party, the other party will bear the responsibility for the accident, both parties are at fault, then the traffic police need to determine the responsibility of both parties according to the actual fault. It is not that overloading must determine the responsibility for the accident, and the overloading behavior is a violation and is punished by the traffic police.

In the event of an accident, the police should be reported to the police in a timely manner, and the traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault. Legal basis: Article 60 of the Provisions on the Procedures for Handling Road Traffic Accidents stipulates that the traffic management department of the public security organ shall determine the responsibility of the parties according to the role of the parties' actions in the occurrence of road traffic accidents and the severity of their faults.

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 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 a party intentionally causes a road traffic accident, the other party is not liable. <>

The responsibility for the traffic accident of the overloaded truck should be divided heavier, of course, it depends on the actual situation of the two parties in Nianchang at that time. According to the provisions of the current laws of our country, if the traffic accident is only caused by overloading, the other party has no traffic violations, and the overloaded party must bear all the responsibility. Of course, if an accident occurs and the other party also has illegal acts, the traffic police will divide the two parties according to the size of the fault to bear the corresponding responsibility.

Legal basis: Article 48 of the Road Traffic Safety Law stipulates that "the vehicle shall comply with the approved load quality of the motor town, and overloading is strictly prohibited; The length, width and height of the load shall not violate the loading requirements, and the load shall not be spilled or scattered. Article 92 stipulates that "if the freight motor vehicle exceeds the approved load weight, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; Anyone who exceeds 30% of the approved load weight or carries passengers in violation of regulations shall be fined not less than 500 yuan but not more than 2,000 yuan.

If the vehicle of the transport unit does not change after being punished, the person in charge who is directly responsible shall be fined 2,000.