How to divide the responsibility for traffic accidents caused by driving without a license

Updated on society 2024-06-13
6 answers
  1. Anonymous users2024-02-11

    If a traffic accident occurs while driving without a license, the division of responsibility for the traffic accident is based on the severity of the party's fault. The rules for determining liability for traffic accidents are as follows:

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

    2. If a road traffic accident occurs due to the fault of both or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of their actions on the accident and the severity of the fault;

    3. All parties are not at fault for road traffic accidents, and if it is a traffic accident, all parties are not liable.

    The law stipulates that 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.

    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 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.

  2. Anonymous users2024-02-10

    Legal analysis: According to the provisions of the law, a person 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, and may be detained for up to 15 days. However, driving without a license does not necessarily cause traffic accidents, and the key depends on the role of the unlicensed driver in the accident, so there is no inevitable relationship between driving without a license and the determination of traffic accident liability.

    If the traffic accident is caused by the fault of one of the parties, the full responsibility shall be borne; The parties escaped, causing changes to the scene and loss of evidence; If the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility; If a traffic accident occurs due to the fault of two or more parties, they shall bear primary, equal and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, none of the parties is liable; If one party intentionally causes a traffic accident, the other party is not liable. Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 99 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, and may be detained for not more than 15 days.

    Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents 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 the fault. 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, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

  3. Anonymous users2024-02-09

    Driving without a license refers to the driving of a motor vehicle when the driver's license does not match the driver's license and the driver's license expires without replacing the corresponding legal driving certificate.

    Driving without a license does not necessarily cause traffic accidents, and the key omission is to look at the role of unlicensed drivers in accidents, so there is no inevitable relationship between unlicensed driving and the results of traffic accident liability determination, and the most important thing is the determination of traffic accident liability.

    The division of liability for unlicensed driving accidents is:

    1) If a traffic accident is caused by the fault of one of the parties, it shall bear full responsibility; Where a party escapes, causing changes to the scene and loss of evidence, and the public security organ's traffic management department is unable to verify the facts of the traffic accident, the party who escaped bears full responsibility;

    Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility;

    2) Where a 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 traffic accident, and if it is a traffic accident, none of the parties is liable; If one party intentionally causes a traffic accident, the other party is not liable.

    Legal basis: According to the provisions of the Road Traffic Safety Law, 1) if a traffic accident is caused by the fault of one of the parties, it shall bear full responsibility; If the party escapes, causing changes to the scene and the loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility;

    Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility;

    2) Where a 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 traffic accident, and if it is a traffic accident, none of the parties is liable; If one party intentionally causes a traffic accident, the other party is not liable.

  4. Anonymous users2024-02-08

    Legal analysis: According to the law, a person who drives a motor vehicle without obtaining a motor vehicle driver's license, has his or her motor vehicle driver's license revoked, or whose motor vehicle driver's license has been suspended shall be fined not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days. However, driving without a license does not necessarily cause traffic accidents, and the key is the role played by unlicensed driving in the accident, so there is no inevitable relationship between driving without a license and the determination of traffic accident liability.

    If the traffic accident is caused by the fault of one of the parties, the full responsibility shall be borne; The parties escaped, causing changes to the scene and loss of evidence; If the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escaped shall bear full responsibility; Where the parties intentionally destroy or falsify the scene or destroy evidence, they bear full responsibility; If a traffic accident occurs due to the fault of two or more parties, they shall bear primary, equal and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, none of the parties is liable; If one party intentionally causes a traffic accident, the other party is not liable. Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 99 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, and may be detained for not more than 15 days.

    Article 60 of the provisions on the procedures for handling road traffic accidents shall be determined by the traffic management department of the public security organs according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault. 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, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

  5. Anonymous users2024-02-07

    Summary. Dear, I'm glad to answer for you: how to divide the responsibility for traffic accidents caused by driving without a license:

    The responsibility for a traffic accident caused by driving without a license is as follows: 1. If the road traffic accident is caused by the fault of one of the parties, the party shall bear full responsibility; 2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of their behavior on the accident; 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.

    Dear, very high dust stool Xing will answer for you: how to divide the responsibility for traffic accidents caused by driving without a license: driving without a license in the event of a traffic change and sales accident, so send the brigade to determine the responsibility:

    1. If a road traffic accident is caused by the fault of one party, it shall bear full responsibility; 2. If a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of their behavior on the accident; 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: Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the parties' behavior 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 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, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

  6. Anonymous users2024-02-06

    Driving without a license is divided into the following responsibilities:

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

    2. If the party escapes, causing changes in the scene and loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escapes shall bear full responsibility;

    3. Where a party intentionally destroys or falsifies the scene, or destroys evidence with caution or omission, it bears full responsibility.

    Procedures for Handling Traffic Accidents of Driving Without a License:

    1. Protect the scene of the accident and investigate the scene of the accident to the traffic police and the traffic police.

    2. Report the case to the insurance company and take the relevant materials for compensation.

    3. The vehicle is damaged and repaired.

    4. Go to the traffic police to close the case and issue an accident certificate.

    5. Submit documents to the claims department of the insurance company and wait for the compensation.

    The time limit for handling traffic accidents is generally within 10 days, and if the police are called after a traffic accident occurs in accordance with the regulations, the traffic management department of the public security organ shall make a road traffic accident identification document within 10 days from the date of on-site investigation. Traffic hit-and-run cases.

    Within 10 days after the vehicle and driver involved in the traffic accident are seized, a road traffic accident certificate shall be made. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within five days from the date on which the inspection report or appraisal opinion is determined.

    Legal basis

    Article 91 of the Regulations for the Implementation of the Road Traffic Safety Law.

    The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the parties involved in the traffic accident and the severity of the fault.

    Road Traffic Safety Law of the People's Republic of China

    Article 99.

    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:

    1) 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;

    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 suspended;

    3) Running away after causing a traffic accident does not constitute a crime;

    4) The motor vehicle is driving more than 50% of the speed limit;

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

    6) Violating the provisions of traffic control and forcibly passing through Xiaoran, and not listening to dissuasion;

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

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Now the road has no primary and secondary distinction in the traffic rules, there is no traffic light and no yield sign, it is necessary to abide by the right side of the first, before entering the intersection to carefully observe and then pass, to you pass through the intersection does not affect the normal driving of the vehicle on the right, the right vehicle hit you, indicating that you hindered the normal driving of the right, the responsibility is great. The other party's motorcycle was drunk and the vehicle was not inspected on time, and it did not fulfill its obligation to pay attention to safety, so it also has to bear certain responsibilities. There is nothing wrong with this accident, unless the other party is seriously speeding and you can't judge normally, but this kind of evidence is difficult to find.