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According to the provisions of laws and regulations, the traffic management department can only detain the vehicle for the purpose of inquest and identification, and cannot detain the property because of compensation disputes. However, in practice, in order to ensure the realization of accident compensation, the phenomenon of property seizure is relatively common. In addition, the fact that the two parties have not had contact does not fully mean that one party is not responsible for the accident of the other party, for example, if the other party is unable to judge the road conditions normally and the accident occurs due to the high beam when the car is in the car, etc., the liability will also be determined.
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It doesn't matter if you hit it or not.
The determination of responsibility for an accident is first of all to investigate which party is at fault, and this fault directly leads to the occurrence of the accident.
In the case of such a narrow road, it is likely that one of the cars did not drive on the right side and crossed the center line. Failure to drive on the right side of the road is a fault, while evasive behaviour may be considered not a fault (e.g., if you don't dodge and you will be hit) or improper (e.g., falling off the road when you should have been able to dodge to the side of the road).
In short, those who are at fault bear the responsibility for the accident, and those who are not at fault are not responsible. Both parties are at fault, and the responsibility is shared according to the magnitude of the fault. It's very simple.
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In the spirit of humanitarianism, it did not come into contact but stopped? You should have thought about whether he would slander you beforehand. If this is true. You can ask to refer it to a higher public security department (legal) for resolution.
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If you really don't encounter it, you don't have to be so nervous, you must insist on going to the court to litigate directly, the case is simple and clear, and you won't pay a penny.
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Legal Analysis: (1) If the motorcycle is driven without a license, then the motorcycle bears the main responsibility.
2) If the traffic accident occurs at an intersection, then the other party is likely to be at secondary responsibility.
3) If the car is in the same lane as you, because the motorcycle is skinny, it depends on who can prove that the other party is overtaking. (It doesn't matter who overtakes the fact) to see who can prove it. Whoever overtakes is fully responsible.
4) Whether the wheels of the small car are pressed or not, if his wheels are pressed by the line, he is fully responsible.
5) If his wheels are not crimped, then sure your handlebars are over the lane line. The motorcycle is driving across the line, and the motorcycle is fully responsible.
6) If it is not possible to confirm the responsibility, then the responsibility will be divided according to the responsibility determination issued by the traffic police.
Legal basis: Article 2 of the Road Traffic Safety Law of the People's Republic of China Vehicle drivers, pedestrians, passengers, and units and individuals related to road traffic activities within the territory of the People's Republic of China shall abide by this Law.
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Summary. Hello, glad for your question, the owner of the car does not need to compensate, because the motorcycle also belongs to the motor vehicle, the motorcycle and the car collided, and the motorcycle was fully responsible, then the motorcycle owner bears all the liability for compensation.
If the motorcycle hits the car, the motorcycle is fully responsible, and the motorcyclist is injured, does the car still need to be compensated?
Hello, glad for your question, the owner of the car does not need to compensate, because the motorcycle also belongs to the motor vehicle, the motorcycle and the car collided, and the motorcycle was fully responsible, then the motorcycle owner bears all the liability for compensation.
And the damage to your vehicle is paid by the owner of the motorcycle, not your insurance company. Because the insurance company pays according to liability, you are not liable, and your insurance company will not pay, it will be paid by the motorcycle owner (or if there is insurance, the motorcycle insurance company).
Moreover, if the owner of the motorcycle is injured, because he is fully responsible, then his commercial insurance company will also compensate him, and the owner of the car does not need to compensate.
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I don't know much about this. But generally speaking, if the motorcycle has been fully liable, the car should not be compensated. Is there still a humanitarian reparation?
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It depends on the terms of liability and insurance. If you want to determine whether you need compensation, you need to ask the relevant person. But if he is fully responsible, you generally do not have to pay compensation.
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If a normal car is hit by a motorcycle, the responsibility may lie with the motorcycle, but the owner of the motorcycle is injured with the person behind him. Who pays for medical expenses Is it the owner of the motorcycle who pays for the repair cost of the car and the owner of the car who pays for the medical expenses of the people on the motorcycle.
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Hello, this needs to be determined according to the responsibility determination of the traffic police to determine whether your side is responsible.
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The car collided with the motorcycle, and the motorcyclist was injured, and the motorcycle was fully responsible, and the car still had to claim the medical expenses of the motorcycle.
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Summary. What you need to pay attention to at present is to try to take pictures of the scene (if there is a good shot, remember to keep it), and then generally speaking, the responsibility will come out in about 10 working days, and the traffic police will also notify you of the results for you to take.
The car was hit by a motorcycle without violating the rules during normal operation, but the motorcycle driver was injured, is the car responsible?
Hello, the platform cooperation lawyer is at your service! Your question has been received, please wait!
Hello, if your side is a simple accident and the situation is not complicated, the traffic police can issue a responsibility determination on the spot. However, if it is necessary to obtain monitoring or analyze the scene of the march, the general accident is within 10 days.
According to Article 62 of our country's "Draft Regulations on the Procedures for Handling Accidents in the Empty Section of the Road Traffic Key Section": The traffic management department of the public security organ shall make a road traffic accident identification certificate within 10 days from the date of on-site investigation.
Article 65 Hidden Rock Mill: The road traffic jujube return accident identification document shall be sent to the parties within three days after it is made, and the right and time limit for applying for review, mediation and civil litigation shall be informed.
Of course, if you have not received the letter of responsibility, it is best to confirm the situation with the middle-aged traffic police team who was responsible for handling the accident as soon as possible, and see if there is a problem with the Wang Bridge. \x07
Generally speaking, for traffic accidents, you need to wait patiently for the responsibility determination of the traffic police, because if the traffic police Duan Chun did not hold the promotion on the spot to determine the division of responsibilities between the two parties, it means that there is indeed no way to identify it just by looking at the scene.
That is to say, the traffic police should need to obtain nearby monitoring, dash cam records and compare the confessions of both of you, etc., in order to confirm the actual responsibility of both of you in this accident.
What you need to pay attention to at present is to try to take pictures of the scene (if there is a good shot, remember to keep it), and then generally speaking, Minghong will be responsible for the determination of 10 working days, and then the traffic police will also call you to notify you of the results and let you get the excitement cover.
After you receive it, you must remember to take a serious look at the content and division, if you have any objections to the result, you must not blindly sign, and you must file an appeal as soon as possible to request an administrative review.
When a car is rear-ended by a motorcycle, it is generally 70% of the responsibility of the motorcycle. But if this is the case, the car brake light itself does not illuminate, and the responsibility lies with the car in front. Under the normal driving situation of the car in front, the rear car rushed up to cause a rear-end accident due to the speed of the car and the lack of concentration of the spirit.
The vehicle behind is fully responsible.
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If an accident occurs while driving a motorcycle without a motorcycle driver's license, the liability shall be determined according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault, and the driving behavior without a license shall be handled separately by the traffic management department.
According to 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 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, none of the parties is liable.
If one party intentionally causes a road traffic accident, the other party is not liable.
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In a traffic accident, a motorcycle is hit without a driver's license and needs to be responsible. Motorcycles without a driver's license are considered to be driving without a license, and it is one of the causes of traffic accidents, so you must be held responsible.
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Driving without a license is not the basis for determining the responsibility of the accident, and according to the regulations, the traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party involved in the traffic accident and the severity of the fault. Those who drive a motor vehicle without obtaining a motor vehicle driver's license, have their motor vehicle driver's license revoked, or have their motor vehicle driver's license suspended are to be fined between 200 and 2,000 RMB, and may be detained for up to 15 days. Article 99 of the Road Traffic Safety Law Anyone who commits 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 temporarily detained; (3) Fleeing after causing a traffic accident does not constitute a crime; (4) The motor vehicle is driving more than 50 percent of the speed limit;
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In a traffic accident, a motorcycle is hit without a driver's license, of course, it is necessary to be responsible, and it is impossible to drive a vehicle without a driver's license, so it is necessary to bear secondary responsibility in a traffic accident.
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Traffic accidents, motorcycles are hit without a driver's license and are primarily responsible that is well, look, if both are the same motorcycle, there are two people who smoke things. See who is more responsible.
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If there is a traffic accident and the motorcycle driver is hit without a driver's license, of course, he will be responsible for the accident, because driving without a license is a major offense.
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Yes, you must be responsible for a traffic accident, a motorcycle is hit without a driver's license, and you need to be responsible for it because you don't have a driver's license, and driving without a license is responsible for the accident.
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In the event of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; Where both parties are at fault, responsibility is to be shared in proportion to their respective faults. The traffic management department of the public security organ shall, according to the traffic accident scene inquest, inspection, investigation and relevant inspection and appraisal conclusions, promptly make a traffic accident recognition book, as evidence for handling traffic accidents.
1. How to handle the accident liability determination.
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, make a traffic accident identification document in a timely manner 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.
2. What should I do if one party is unwilling to deal with a traffic accident?
If one party to a traffic accident has been unwilling to deal with it, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court. After the occurrence of a road traffic accident, the traffic management department of the public security organ shall, on the basis of the inquest, inspection, and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, promptly make a traffic accident identification document as evidence for handling the traffic accident.
3. How to determine a traffic accident?
Traffic accidents are determined as follows:
1. In the event of a traffic accident between motor vehicles, the party at fault shall be liable for compensation;
2. If both parties are at fault, the responsibility shall be shared according to the proportion of their respective faults;
3. Traffic accidents occur between motor vehicles and non-motor vehicle drivers and pedestrians. If the driver of the non-motor vehicle and the pedestrian are not at fault, the motor vehicle shall be liable for compensation;
4. If there is evidence to prove that the driver and pedestrian of the non-motor vehicle are at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault;
5. If the party of the motor hall is not at fault, it shall bear no more than 10 liability for compensation.
Article 73 of the Road Traffic Safety Law stipulates that the traffic management department of the public security organ shall, based on the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner 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.
According to the relevant regulations of traffic safety, motor vehicles are not allowed to be modified at will, and motorcycles are also not allowed to install electrical horns at will.
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