In the event of a special car accident, the owner should not bear the responsibility

Updated on society 2024-06-03
8 answers
  1. Anonymous users2024-02-11

    Absolutely not. He's an unlicensed car, and he can't escape at this point.

    If the level of medical care in rural areas is limited, it is recommended that you go to a larger hospital for a comprehensive examination.

    If you want to file a lawsuit, your sister's mother-in-law's injuries are evidence, and his unlicensed car is also evidence, very strong evidence.

  2. Anonymous users2024-02-10

    Alarm. Provide evidence for the traffic police to investigate the responsibility for the accident.

    The most favorable evidence is the collision marks of the other party's car, and the witnesses present are not able to investigate if the traffic police do not find the results, they will issue relevant written materials and file a lawsuit with the court, but there must be direct evidence to be beneficial to your side.

    If you are from the same village, don't be afraid to go to his house and make trouble within the scope of the law.

  3. Anonymous users2024-02-09

    It is advisable to call the police as soon as possible and ask the traffic team to issue written materials, otherwise it will be very troublesome. "Provisions on Procedures for Handling Road Traffic Accidents" Article 12 The parties did not report to the police at the scene of the road traffic accident, and afterwards requested the traffic management department of the public security organ to deal with it, the traffic management department of the public security organ shall, in accordance with the provisions of Article 10, be recorded, and make a decision on whether to accept it within three days. After verifying the existence of a road traffic accident, the traffic management department of the public security organ shall accept it and inform the parties; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained.

  4. Anonymous users2024-02-08

    Yes, if the perpetrator does not agree to go private, it is better to contact ** as soon as possible.

  5. Anonymous users2024-02-07

    According to the "Determination of Liability for Traffic Accidents", the content of the division of responsibility is: (1) if the road traffic accident is caused by the fault of one party, 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, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

    1. What can the other party ask for compensation from the other party who is fully responsible for the car accident?

    In the event of the death of the victim, the other party shall also be compensated for the funeral expenses, the living expenses of the dependents, the compensation for the death, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. Clearing.

    2. How to deal with a car accident.

    After the traffic police arrive at the scene of the accident, they must first rescue the injured and then conduct an inquest and inspection of the accident scene. For traffic accidents that have not escaped, and do not need to be inspected and appraised, the public security traffic management department shall make a traffic accident responsibility determination within 10 days, and if inspection and appraisal are required, inspection and appraisal shall be carried out within 5 days, and then make a determination. For an escape accident, if the person fleeing and the vehicle are found, a determination of responsibility for the traffic accident shall be made within 10 days, and if the person concerned does not find the person and the vehicle, if the party applies for a determination, the determination of responsibility for the traffic accident shall be made within 10 days.

    "Provisions on Procedures for Handling Road Traffic Accidents" Article 12 The parties did not report to the police at the scene of the road traffic accident, and afterwards requested the traffic management department of the public security organ to deal with it, the traffic management department of the public security organ shall, in accordance with the provisions of Article 10, be recorded, and make a decision on whether to accept it within three days. After verifying the existence of a road traffic accident, the traffic management department of the public security organ shall accept it and inform the parties; If it cannot be proved after verification that the facts of a road traffic accident exist, or that it does not fall under the jurisdiction of the traffic management department of the public security organ, the parties shall be informed in writing and the reasons shall be explained.

  6. Anonymous users2024-02-06

    Summary. Hello! After the occurrence of a traffic accident, the perpetrator shall bear the corresponding liability for compensation in accordance with the accident certificate issued by the people's police.

    1. In the case of a minor traffic accident, the perpetrator basically does not need to bear any responsibility if the insurance is complete. In the case of incomplete insurance, the liability for the insufficient part of the insurance shall be borne. 2. In the event of a major traffic accident, in addition to the compensation of the insurance company, it is also necessary to bear criminal liability.

    3. According to the different forms of accidents, different results, and different responsibilities, can you describe the accident in detail?

    Car accidents, what responsibility should the perpetrator bear.

    Hello! After the occurrence of a traffic accident, the perpetrator shall bear the corresponding liability for compensation in accordance with the accident certificate issued by the people's police. 1. In the case of a minor traffic accident, if the insurance is complete, the perpetrator basically does not need to bear or take any responsibility.

    In the case of incomplete insurance, the liability for the insufficient part of the insurance shall be borne. 2. In the event of a major traffic accident, in addition to the compensation of the insurance company, it is also necessary to bear criminal liability. 3. According to the accident is not the same form, different results, and different responsibilities, can you describe the accident in detail?

    OK. Even when I drove back, someone crossed the street, and it was too dark, and it was too late to find out.

    Pedestrians crossing the road? What about pedestrian injuries?

    Since the accident, I have been paying for it and have been accompanying it.

    Yes I went back from the national highway and pedestrians crossed the road.

    Shows that you are a kind-hearted person! <>

    <> injury doctor said that the spinal spine injury required surgery.

    Pedestrians crossing the road, is there a zebra crossing on the road? Do pedestrians walk or run?

  7. Anonymous users2024-02-05

    1) Own responsibility: In the case that the driver is the owner of the car, the responsibility of the driver is the responsibility of the owner himself.

    2) Employer's liability: If a traffic accident occurs while the driver is engaged in employment activities, the liability between the driver and the vehicle owner shall be determined in accordance with Article 9 of the Road Traffic Safety Law.

    3) Joint and several liability: In the case that the vehicle has potential safety hazards or the owner is at fault, the owner and the user of the vehicle constitute joint infringement, and the liability of the vehicle owner shall be determined in accordance with Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

    4) Bear joint liability for compensation within a certain range: If there is an economic interest relationship between the vehicle owner and the actual user, such as contracting, affiliation, leasing, etc., and the vehicle owner is not at fault for the occurrence of the traffic accident, it shall bear the liability for compensation within a certain range.

    5) Liability for compensation: If the vehicle is borrowed, the owner does not obtain economic benefits from the use of the vehicle, and is not at fault for the occurrence of the traffic accident, according to Article 123 of the Road Traffic Safety Law and the principle of fairness, the owner shall bear certain responsibilities, and the main consideration should be to ensure that the personal injury caused by the traffic accident can be obtained.

    In our daily life, if there is such a situation as the transfer of ownership of the vehicle, it means that some second-hand car buying and selling activities have occurred. The transfer of ownership means that some of the relevant things are handled by the person who purchased the vehicle, so the transfer of ownership of the vehicle must be completed.

    1. What are the regulations for the handling of driving violations?

    At present, there is no corresponding standard for dealing with issues that may arise in drunk driving services, such as the division of accident responsibility and the handling of disputes. If an accident occurs in the process of substitute driving, it is the same as the general traffic accident treatment, and the driver will be found when the accident occurs. However, if the driver is photographed by the electronic police in the process of running a red light, speeding and other violations of traffic laws, the traffic police department will find the owner according to the license plate, and the final penalty will be the owner.

    As for how to distinguish responsibilities between the owner of the car and the substitute driver, this is a contractual relationship between the owner and the substitute driver, and the traffic police department cannot supervise it.

    At the same time, there are two legal relationships in such a situation:

    1. The traffic police shall punish the illegal vehicles, whether it is the owner himself or the substitute driver, the illegal vehicles shall bear the punishment;

    2. If the owner entrusts the substitute driver to be fined for violating the regulations, even if the owner himself bears the fine, the owner has the right to recover from the substitute driver. If the owner of the vehicle has no evidence to prove that the offending driver is the substitute driver, then he can only be held responsible.

    Article 1209 of the Civil Code [Tort Liability When the Owner, Manager and User of a Motor Vehicle Are Inconsistent] If the damage caused by a traffic accident occurs due to the fact that the owner, manager and user of a motor vehicle are not the same number of limbs due to leasing, borrowing, etc., and the damage is the responsibility of one party of the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

  8. Anonymous users2024-02-04

    Legal analysis: 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.

    1.If a road traffic accident is caused by the fault of one of the parties, it shall bear full responsibility;

    2.If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility shall be borne according to the defective effect of their behavior on the accident and the severity of the fault, and the same liability and secondary liability shall be borne respectively;

    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.

    Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 73 The traffic management department of the public security organ shall, on the basis of the traffic accident scene inquest, inspection, investigation and relevant inspection and appraisal conclusions, promptly prepare a traffic accident identification document 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.

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