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It depends on what kind of car the other party has, if it is a motor vehicle, the other party must be responsible, like you in this case all by the other party's insurance company (the current traffic law stipulates that the other party's insurance company is completely compensated for less than 50,000, and the excess is shared according to the responsibilities of both parties, but the motor vehicle party must be responsible, just how much.) But the bike may depend on your negotiation. If the other party is a non-motor vehicle, it may be troublesome, one is that you negotiate by yourself, if not, you can only call the police and let the traffic police decide, but most of the time the traffic police will let you negotiate by yourself.
In case of a traffic accident, it is best to call the police first, so that it is safer. Especially when encountering a motor vehicle, he can't run away if he wants to, but if it's a non-motor vehicle, it's troublesome, and you can't find him if he doesn't deal with it irregularly, because the traffic police are unwilling to find trouble for themselves.
So it depends on what kind of car hit you, if it is a motor vehicle, call the police, and if it is a non-motor vehicle, only you can recognize it, and now you may not be able to find each other.
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You should be responsible for at least 60 or more, and the key depends on her subjective judgment such as her speed at the time, and she is also responsible, so you are not necessarily responsible, although it is retrograde, to give you an extreme example, if someone is driving in the wrong direction, who is it to fault if they are being hit by a speeding car? What's more, she hit you first, not you, so one is responsible, and you bear most of it.
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Surely you have to pay full responsibility, it is you who go retrograde first, and she hits you last!
Think you're unlucky!
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Do you still need to ask about retrograde?
If it were me, I'd have to let you accompany me to lose.
You don't have any awareness of traffic laws.
You've killed everyone like you.
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Legal analysis: appropriately reduce the liability of the motor vehicle party according to the degree of fault search; If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation.
Legal basis: Article 1208 of the Civil Code of the People's Republic of China or the People's Republic of China Where a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.
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Hello Chinese New Year, I am happy to answer for you, if the non-motor vehicle driver and pedestrian bear full responsibility for the accident, the motor vehicle party shall bear the compensation liability of 10% to 20,000 yuan, but the maximum amount of compensation shall not exceed 50,000 yuan;
The child rides a bicycle on the sidewalk in the wrong direction, the taxi track comes in quickly, the child hits the person and is fine, what to do with the work.
Negotiate with a taxi, and if the people and the car are fine, forget it.
The bicycle is scrapped, this is a taxi to pay for the bicycle, or the bicycle to pay for the taxi.
Taxi gone insurance.
Then the insurance company will pay the claim, you don't have to worry.
The taxi windshield is useless.
If you go to insurance, these insurance companies will accompany you.
This insurance company will generally pay out what percent.
Full compensation. Will the child be compensated for the examination fee when he goes to the hospital?
If you can go to the insurance, get the hospital certificate.
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Legal Analysis: If a bicycle is hit, the cyclist is primarily responsible for the traffic accident. According to the provisions, if a road traffic accident is caused by the fault of one party, it shall bear full responsibility, and riding a bicycle in the wrong direction meets the characteristics of "driving in the wrong direction", and Li Souchen shall bear full responsibility.
However, because bicycles belong to non-motorized vehicles and belong to vulnerable groups in front of motor vehicles, when the traffic police divide responsibilities, the party that takes care of the vulnerable groups usually does not sentence the bicycle to full responsibility, but let the bicycle party bear about 80% of the accident responsibility.
Legal basis: "Provisions 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 behavior in the occurrence of the road traffic accident and the severity of the fault, determine the party's liability for car leakage. (1) If a road traffic accident is caused by the fault of one of the parties, the company 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.
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Legal analysis: In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If there is evidence to prove that the driver or pedestrian of the non-motor vehicle is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation. Therefore, from the perspective of this provision, the bicycle is at fault for driving in the wrong direction, but because the motor vehicle hit the bicycle, from a safety point of view, the motor vehicle should be counted as the primary liability, and the bicycle is secondary liability.
Legal basis: Article 76 of the Traffic Safety Law of the People's Republic of China stipulates the principle of strict liability for civil compensation for traffic accidents between motor vehicles and pedestrians and non-motor vehicle drivers, so as to reflect the protection of vulnerable groups in traffic accidents. There is a big difference from the no-fault principle of the past (10% compensation).
In general, the civil liability shall be borne by the party holding the motor vehicle. No civil liability unless it is proved that the damage was intentionally caused by the victim; Where there is evidence proving that the driver or pedestrian of a non-motor vehicle is at fault, and the driver of the motor vehicle has already taken necessary measures to deal with it, responsibility may be reduced. The part of the mitigation of liability is between 10% and 50%, which is not stipulated in the law and regulations, and it is proposed that the Supreme People's Court shall clearly stipulate it in the judicial interpretation on compensation for traffic accident damages.
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Criteria for determining the responsible entity for bicycles and accidents caused by driving in the opposite direction: Under normal circumstances, the cyclist is primarily responsible for the traffic accident. However, because bicycles belong to non-motorized vehicles and belong to vulnerable groups in front of motor vehicles, when the traffic police divide responsibilities, according to relevant traffic laws and regulations, the party that takes care of the vulnerable groups usually does not sentence the bicycle to full responsibility, but let the bicycle bear about 80% of the accident responsibility.
Traffic accident liability determination process.
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.
The traffic management department of the public security organ shall, within 10 days from the date of on-site investigation, make a road traffic accident identification document. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. 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.
The traffic management department of the local public security organ where conditions permits may publish the road traffic accident certificate on the Internet on a trial basis, but shall keep confidential the state secrets, commercial secrets or personal privacy involved.
In the event of a fatal accident or a complex or difficult injury accident, the traffic management department of the public security organ shall, before making a road traffic accident certificate or road traffic accident certificate, convene all parties to attend the scene and disclose the evidence obtained through the investigation.
Where witnesses request secrecy or involve state secrets, commercial secrets, or personal privacy, it is to be implemented in accordance with the provisions of relevant laws and regulations.
If the parties are not present, the traffic management department of the public security organ shall be recorded.
Legal basis
Article 22 of the Road Traffic Safety Law of the People's Republic of China.
Motor vehicle drivers shall abide by the provisions of road traffic safety laws and regulations, and drive safely and civilly in accordance with the operating specifications.
Article 89 stipulates that pedestrians, passengers, and non-motor vehicle drivers who violate road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 5 yuan but not more than 10 yuan;
If the driver of a non-motor vehicle refuses to accept the fine and punishment, his non-motor vehicle may be detained. If the driver of a motor vehicle violates the provisions of road traffic safety laws and regulations on road traffic, he shall be given a warning or a fine of not less than 20 yuan but not more than 200 yuan.
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