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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.
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The liability for a traffic accident caused by driving without a driver's license shall be determined in accordance with the roles played by both parties in the accident and the severity of the fault. According to the laws of our country, failure to obtain a motor vehicle driver's license shall be punished by a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.
Legal basis: 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:
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) Fleeing after causing a traffic accident that 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) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;
8) Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstruction 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 in items 1, 3, 5 through 8, they may be detained concurrently for up to 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 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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Legal analysis: If a traffic accident occurs among unlicensed drivers, and the owner of the other vehicle is obviously at fault, and the damage caused by the traffic accident is the responsibility of the motor vehicle, the motor vehicle user 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. If the unlicensed driver is fully responsible, the owner of the vehicle and the unlicensed driver are jointly liable.
Legal basis: "Civil Code of the People's Republic of China".
Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.
Article 1173:Where the infringed party is at fault for the occurrence or expansion of the same harm, the infringer's liability may be reduced.
Article 1209 Where the owner, manager and user of a motor vehicle are not the same person due to leasing or borrowing, etc., and the damage caused by a traffic accident is the responsibility of one of the parties to the motor vehicle, the user of the motor vehicle shall bear the liability 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.
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If a traffic accident occurs among unlicensed drivers, and the owner of the other party is clearly at fault, and the traffic accident causes damage to the imitation of Hongcheng, which is the responsibility of the motor vehicle, the motor vehicle user 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. If the unlicensed driving party is fully responsible, there is a lenient grandson owner and the unlicensed driver who are jointly liable.
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