How to Solve a Minor Car Accident Caused by Driving Without a License 30 points

It was supposed to be a minor traffic accident that should have been resolved amicably and calmly, but due to an argument between the two parties in the roadway, one person was killed and two people were injured. A few days ago, the Hai'an County People's Court in Jiangsu Province concluded the trial of this traffic accident case that should not have happened, and the perpetrator of the latter accident was sentenced to two years in prison with a suspended sentence of two years and six months after giving the injured party corresponding compensation.

At about 7 p.m. on March 16, 2006, Yang drove a motorcycle without a safety helmet through the intersection of Huanghe Road and Fengshan Road in Hai'an Town, Hai'an County, and crossed the solid line in the center of the road to turn left from west to east to drive north, and collided with a moped without a license plate driven by Jiang who was driving from east to west through the lot, and both parties fell, causing partial damage to the vehicle and slight injuries to Yang. After the accident, the parties did not report to the police. Subsequently, Yang's husband's aunt Li and Yang's father rushed to the scene and argued with Jiang in the roadway.

At about 19:47, when Yan drove a variant tractor that had not undergone regular technical inspection and the parts did not meet the technical standards from east to west through the above-mentioned lot, because he did not pay attention to the road conditions and ensure safety, the front part of the tractor collided with Li, Yang's father, Jiang and the moped in a second accident, resulting in injuries to the three people, damage to the vehicle, and Jiang died on the way to the hospital.

According to the public security organs, Yan bears the main responsibility for the accident; Jiang, Li, and Yang's fathers had a dispute over staying in the roadway, violating Article 74, Paragraph 2 of China's "Road Traffic Safety Law", which stipulates that "pedestrians shall not sit, lie down, stay or frolic in the roadway", and each bear secondary responsibility for its own losses in the accident.

1. The motor vehicle is fully responsible for this traffic accident.

2. There is no hit-and-run problem among the owners of the motor vehicle, because they have sent your mother to the hospital for an examination** at that time, and the traffic management department has escorted the car. It's just that they are not proactive in dealing with accidents now.

3. There is a phenomenon of administrative inaction in the traffic management department, because after a traffic accident, the vehicle cannot be returned before the accident is handled.

4. What you need to do at the moment is:

Find the traffic management department to see what their attitude is, if they don't care, you can file a lawsuit with the local people's court to demand that the other party pay medical bills, etc. At the same time, the traffic management department can also be sued in court, requiring them to be responsible for recovering the costs of the hu.

The perpetrator can pick up the car with a full amount of insurance, and you can go to the traffic police to ask for the medicine.

and the loss caused, the little girl did not escape.

How to deal with minor accidents caused by driving without a license.

Legal Analysis: Administrative Punishment: The Public Security Bureau shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may also be detained for up to 15 days.

Criminal punishment: Driving a motor vehicle without a license causes a traffic accident, resulting in the death of one person or serious injury of three or more persons and bearing full or primary responsibility for the accident, constituting the crime of causing a traffic accident; The same is true for the corresponding hit-and-run offence.

Liability: Driving without a license does not increase the liability for compensation, but the compulsory traffic insurance and commercial insurance of the motor vehicle will be denied, and all the losses that should be borne by the driver himself shall be borne by the driver. The traffic management department of the public security organ shall, according to the behavior of the parties to the traffic accident play a role in the traffic accident and the severity of the fault, determine the responsibility of the parties to determine the responsibility of the traffic accident, and must confirm the legal obligations of all parties in the accident in accordance with the law; the principle of priority of the legal obligations of the parties in accordance with the law; Confirm the role of the actions of the parties in the traffic accident and the severity of the fault; Determine different traffic accident liabilities according to the role of the actions of the parties in the accident and the severity of the fault.

Legal basis: According to Article 99 of the Road Traffic Safety Law of the People's Republic of China: if one of the following acts is committed, 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:

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.handing over a 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;

3.Fleeing after causing a traffic accident does not constitute a crime;

4.The motor vehicle exceeds the speed limit by 50%;

5.Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws and regulations and the 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 and not listening to dissuasion;

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

8.Illegally intercepting or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic obstructions 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 of items 1, 3, or 5 through 8, they may be detained concurrently for up to 15 days.

Administrative punishment: The public security bureau shall impose a fine of between 200 and 2,000 yuan, and may be detained for up to 15 days. Criminal Penalties:

Driving a motor vehicle without a license causes a traffic accident, resulting in the death of one person or serious injury to three or more persons and bears full or primary responsibility for the accident, constituting the crime of causing a traffic accident; The same is true for the corresponding hit-and-run offence. Liability: Driving without a license does not increase the liability for compensation, but the compulsory traffic insurance and commercial insurance of the motor vehicle will refuse to compensate, and all the losses that should be borne shall be borne by the driver himself.

The traffic management department of the public security belt and high level organ shall, according to the role played by the behavior of the parties to the traffic accident and the severity of the fault, determine the responsibility of the parties to determine the responsibility of the traffic accident, and must confirm the legal obligations of all parties in the accident in accordance with the law; the principle of priority of the legal obligations of the parties in accordance with the law; Confirm the role of the actions of the parties in the traffic accident and the severity of the fault; Determine the responsibility for traffic accidents based on the role of the actions of the parties in the traffic accident and the severity of the fault.

Legal basis: Article 99 of the Road Traffic Safety Law.

Legal analysis: people can negotiate and deal with it themselves, or they can use simple procedures to deal with it after reporting to the police.

No driver and passenger are injured, the car is active, the property loss of the bicycle is less than 2,000 yuan, there is no loss of public facilities, there is no objection to the accident responsibility and compensation method, for such a minor traffic accident, that is, after the occurrence of a minor accident, take photos and collect evidence by yourself, evacuate the scene, and go directly to the traffic accident claim point to handle the claim.

The traffic management department of the public security organ may apply the simplified procedures to deal with the following road traffic accidents, except for those suspected of causing accidents or dangerous driving:

1) Property damage accidents;

2) Injuries where the injured party is slightly injured and all parties agree to apply the simplified car slide procedure.

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 100 yuan but not more than 2,000 yuan, and may be detained for not more than 15 days.