My motorcycle was driving without a license and I encountered a car accident caused by a car changin

1. In the event of a traffic accident, the police shall be reported to the police in time, and the traffic police department will divide the responsibility according to the specific circumstances of the accident.

Second, the division of responsibility for traffic accidents, mainly according to the degree of fault of both parties to the accident to determine the degree of fault for the accident, if one party is not at fault for violating traffic laws and regulations, it is the fault of the other party that caused the accident, the other party will generally bear all the responsibility for the accident, if both parties are at fault, according to the role of both parties on the accident and the severity of the fault, respectively bear the primary responsibility, equal responsibility and secondary responsibility.

3. Although you are driving without a license, you may face administrative penalties, and in the case of the other party's violation, the division of responsibility for the accident will not have much impact. If you can't reach an agreement, you can directly report to the police and let the traffic police department divide the responsibility.

4. If you are injured, you can ask the other party to compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal allowance and necessary nutrition expenses, and if it constitutes disability, you can also claim disability compensation. If there are other expenses, you can also claim from the other party with the expense receipt.

5. For compensation, the insurance company will compensate within the compensation limit, and the remaining deficiency will be compensated by both of you according to the proportion of accident liability. You can negotiate, you can also apply for traffic police mediation, if the mediation fails, you can also sue the court for compensation.

2. Lost work pay: Lost work pay is determined according to the victim's lost time and income.

3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.

4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer.

5. Hospitalization meal subsidy: The hospitalization meal subsidy can be determined with reference to the business trip meal subsidy standard for general staff of local state organs.

6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.

7. Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and according to the per capita disposable income of urban residents or per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. Where the victim is disabled due to an injury but the actual number of employees has not decreased, or the level of disability is relatively minor but causes occupational obstruction that seriously affects his or her labor and employment, the disability compensation may be adjusted accordingly.

The traffic management department's detention and fine on you is reasonable and legal, which is originally the punishment for driving without a license under Article 99 of the Daoan Law. The other party is unwilling to compensate because it has objections to the accident determination and has the right to file a reconsideration, and when the reconsideration result is out, the other party can still go to the court to sue for the reconsideration result, which is still in the normal procedure. My motorcycle was driving without a license and I encountered a car accident caused by a car changing lanes illegally

Driving a motorcycle on the road without a license causes a traffic accident, and the driver is fully responsible. Penalties for driving without a license for motorcycles: For those who do not carry a motor vehicle driver's license, they are not allowed to continue to drive the vehicle regardless of whether the driver violates the law during the driving process.

The public security organ and the traffic management department shall detain the motor vehicle and notify the driver to provide a driver's license. It will be handled separately depending on the circumstances of the driver's license provided. a) If the driver's license provided is true and legal and there is no illegal act while driving, a warning or a fine of 20-200 yuan will be given, and the motor vehicle will be returned in time; b) If the driver's license provided is true and legal, but there is an illegal act while driving, it will be punished according to the illegal circumstances and the failure to carry the driver's license, and the motor vehicle will be returned in time; c) If the driver cannot provide a real and legal motor vehicle driver's license, it will be regarded as driving without a license.

Penalty for driving without a license: Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has his or her motor vehicle driver's license revoked, or who drives a motor vehicle while his or her driver's license is being suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for not more than 15 days.

Legal analysis: This depends on the specific situation, if a traffic accident occurs in a car or motorcycle on the lane of the non-motorized banquet, the determination of responsibility for the accident is made by the traffic police. If a traffic accident is caused by the violation of the rules of one party, the party who has violated the rules shall bear all the responsibilities of the mountain, and the other parties shall not be liable for the traffic accident.

If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an almost equal role in the traffic accident, the two parties bear equal responsibility.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 36 If the road is divided into motorized lanes, non-motorized lanes and sidewalks according to road conditions and traffic needs, motor vehicles, non-motorized vehicles and pedestrians shall be separated. If there is no division of motorized lanes, non-motorized lanes and sidewalks, motor vehicles pass in the middle of the road, and non-motorized vehicles and pedestrians pass on both sides of the road.

Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, during the period when the motor vehicle driver's license has been revoked or suspended, or who hands over the motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained, shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ, and may be detained for 15 days.

According to Article 99 of the Road Traffic Safety Law of the People's Republic of China, any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:

Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;

handing over a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained;

Fleeing after causing a traffic accident does not constitute a crime;

The motor vehicle exceeds the speed limit by 50%;

Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, and requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;

Violating the provisions of traffic control and forcibly passing through and not listening to dissuasion;

Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but does not constitute a crime;

Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstructions or relatively large property losses.

Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.

1. Driving without a license is itself an illegal act; 2. Because driving without a license itself is illegal, unlicensed drivers are in a disadvantageous position in the later stage of traffic police accident responsibility determination; 3. After driving without a license and hitting someone, the standard for committing traffic accidents will be greatly reduced; Wait a minute.

The motorcycle does not have a driver's license and collides with a car with a driver's license, but the motor vehicle is a scrapped car, so what is recognized, the motor vehicle is exercised normally, and the motorcycle crosses the crossing.

1. How to punish driving without a license for motorcycles For those who do not carry a motor vehicle driver's license with them, regardless of whether the driver violates the law or not in the process of driving, they are not allowed to continue to drive the vehicle. The public security organ and the traffic management department shall detain the motor vehicle and notify the driver to provide a driver's license. It will be handled separately depending on the circumstances of the driver's license provided.

a) If the driver's license provided is true and legal and there is no illegal act while driving, a warning or a fine of 20-200 yuan will be given, and the motor vehicle will be returned in time; b) If the driver's license provided is true and legal, but there is an illegal act while driving, it will be punished according to the illegal circumstances and the failure to carry the driver's license, and the motor vehicle will be returned in time; c) If the driver fails to provide a real and legal motor vehicle driver's license, it will be regarded as driving without a license and may be punished in accordance with the above circumstances. 2. How to calculate the liability for traffic accidents caused by one party driving without a license or license 1. How to calculate the responsibility for traffic accidents: According to the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China", "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 involved in the traffic accident to the occurrence of the traffic accident and the severity of the fault", and the legal obligations of all parties involved in the accident must be confirmed in accordance with the law; the principle of priority of the legal obligations of the parties in accordance with the law; Confirm the role of the actions of the parties in the traffic accident and the severity of the fault; Different traffic accident liabilities are recognized according to the role of the actions of the parties in the traffic accident and the severity of the fault.

The identification of traffic accidents should grasp the principles of behavioral responsibility, causation, right of way and safety. 2. Penalties for driving without a license or license on one side: The penalties for driving a motor vehicle without a license and driving a motor vehicle that are inconsistent with the type of driving permitted shall be applicable to the first paragraph of Article 99 of the Road Traffic Safety Law

Anyone who drives a motor vehicle without obtaining a motor vehicle driver's license, has a motor vehicle driver's license revoked, or has a motor vehicle driver's license suspended shall be fined not less than 200 yuan but not more than 2,000 yuan by the public security traffic management department, and may be detained for up to 15 days.

Article 99 of the Road Traffic Safety Law of the People's Republic of China Any person who commits any of the following acts shall be fined not less than 200 yuan by the traffic management department of the public security organ: (1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the driver's license is suspended; (2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; (3) Fleeing after causing a traffic accident does not constitute a crime; (4) The motor vehicle is driving more than 50% of the speed limit. Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.