What is the responsibility for driving without a license in a car accident?

Legal Analysis: Is Driving Without a License in a Road Traffic Accident Necessarily Responsible? This involves the determination of liability for road traffic accidents.

Article 45 of the Provisions on Traffic Accident Handling Procedures: After investigation, the traffic management department of the public security organ shall, after investigation, determine the responsibility of the parties according to the role played by the party's behavior in the traffic accident and the severity of the fault

1. If a traffic accident is caused by the fault of one of the parties, the company 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. If a traffic accident occurs due to the fault of two or more parties, the traffic accident shall be borne the 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: "Provisions on Procedures for Handling Road Traffic Accidents" Article 45 The traffic management department of the public security organ that receives the notification of the investigation shall immediately arrange for interception or investigation. Where a traffic hit-and-run vehicle or a suspect vehicle is discovered, it shall be detained, and the person involved in the traffic hit-and-run or the suspect consistent with the investigation report shall be summoned in accordance with law, and the traffic management department of the public security organ at the place where the case occurred shall be promptly notified of the relevant circumstances.

The traffic management department of the public security organ at the place where the crime occurred shall immediately dispatch traffic police to handle the handover.

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, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

If the car is lent to a driver without a license, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan. The owner of the car knows that his friend is driving without a license and lends him the car to use, and in the event of a traffic accident, the owner must bear legal responsibility in addition to civil liability. The public security organs may impose administrative fines on the vehicle owners in accordance with the law, and may also revoke the driver's license of the vehicle owners at the same time.

Article 99 of the Traffic Safety Law of the People's Republic of China stipulates that if a motor vehicle is handed over to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended, a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed, and the motor vehicle driver's license may be revoked. If you drive a motor vehicle on the road without the consent of the owner or vehicle manager, you will be fined less than 2,000 yuan and detained for 15 days; For those who cause accidents, the unlicensed driver shall be liable for compensation.

If the unlicensed driver is unable to compensate for the aftermath of the accident, the owner or management unit who is at fault for miscustody shall bear joint and several liability for compensation, but the owner and management unit may separately recover the losses suffered from the unlicensed driver.

The responsibilities of driving without a license in a traffic accident include: full liability, equal liability, primary liability, and secondary liability. If driving without a license is the sole cause of the traffic accident, the party driving without a license shall be fully responsible, and if driving without a license is not the only cause, the parties at fault shall bear the corresponding liability according to the degree and size of their respective faults.

[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 party according to the role of the party's behavior 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, neither party is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

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Road Traffic Safety Law of the People's Republic of China Article 99 Whoever 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.

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.

Road Traffic Safety Law of the People's Republic of China Article 19 When driving a motor vehicle, the motor vehicle driver's license shall be carried with you. Failure to carry your driver's license with you is an offense and should be punished accordingly. The treatment of unaccompanied driver's license is as follows:

Regardless of whether the driver violates the law while driving, the driver is not allowed to drive the vehicle again, and the traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide a driver's license.

Road Traffic Safety Law of the People's Republic of China Article 19 When driving a motor vehicle, the motor vehicle driver's license shall be carried with you. Failure to carry your driver's license with you is an offense and should be punished accordingly. The treatment of unaccompanied driver's license is as follows:

Regardless of whether the driver violates the law while driving, the driver is not allowed to drive the vehicle again, and the traffic management department of the public security organ shall detain the motor vehicle and notify the driver to provide a driver's license.

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Is I fully responsible for driving without a license in a car accident? According to Article 17 of the Measures for the Handling of Road Traffic Accidents, after ascertaining the cause of the traffic accident, the public security organ shall determine the responsibility of the party concerned for the traffic accident based on the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident. If the party concerned has not violated the rules or has violated the rules, but there is no causal relationship between the violation and the traffic accident, he shall not be liable for the traffic accident.

Therefore, in a traffic accident, the party driving without a license should not be fully responsible, if there is no direct causal relationship between the illegal act and the accident, the party who has the illegal act should not be raised on the basis of the responsibility that should be borne by another level, but a lump sum. Is driving without a license fully responsible for a car accident, not necessarily be. The responsibility of the traffic police is divided according to the role played by the parties and the severity of the fault, and it is not a person who is fully responsible without a license.

Driving without a license is handled separately and is generally punishable by a fine of 200 to 2,000 yuan and detention for not less than 3 days but not more than 15 days. "Road Traffic Safety Law of the People's Republic of China" provides that 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 between 200 and 2,000 yuan, and may be detained for up to 15 days. After ascertaining the cause of the traffic accident, the public security organ shall determine the responsibility of the party in the traffic accident on the basis of the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident.

There are the following three principles: (1) the party has committed a traffic violation; (2) There is a causal relationship between the violation and the traffic accident; (3) The role of the violation in the traffic accident, and the determination of the responsibility of the parties in the traffic accident. Therefore, if the party has a traffic violation, such as driving without a license, but it is not the cause of the traffic accident, the traffic violation shall be punished in accordance with relevant laws and regulations, and the fault liability of the party shall not be determined.