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If the other party causes a traffic accident due to driving a motor vehicle while intoxicated, the other party shall bear all the liability for damages. According to Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases, the items of compensation for damages include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses.
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The legal basis is the Road Traffic Safety Law of the People's Republic of China
Article 91 Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.
If a person drives a motor vehicle while intoxicated, the traffic management department of the public security organ shall restrain him until he sobers up, revoke the motor vehicle driver's license, and pursue criminal responsibility in accordance with law; A motor vehicle driver's license may not be re-obtained within five years.
Anyone who drives a commercial motor vehicle after drinking alcohol shall be detained for 15 days, fined 5,000 yuan, have his motor vehicle driver's license revoked, and shall not re-obtain a motor vehicle driver's license for five years.
Anyone who drives a motor vehicle while intoxicated shall be restrained by the traffic management department of the public security organ until he sobers up, and the driver's license of the motor vehicle shall be revoked, and criminal responsibility shall be investigated in accordance with law; A motor vehicle driver's license shall not be re-obtained within ten years, and after the motor vehicle driver's license is re-obtained, a motor vehicle shall not be driven.
If a major traffic accident occurs after drinking alcohol or driving a motor vehicle while intoxicated, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ, and the motor vehicle driver's license shall not be re-obtained for life.
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Legal analysis: If the other party's drunk driving causes a traffic accident, the drunk driving perpetrator will compensate for it, and the compulsory traffic insurance will only pay the rescue expenses in advance.
Legal basis: Article 22 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability Article 22 In any of the following circumstances, the insurance company shall pay the rescue expenses in advance within the liability limit of the compulsory insurance for motor vehicle traffic accident liability, and shall have the right to recover from the victim:
1) The driver has not obtained driving qualifications or is intoxicated;
2) The accident is caused during the theft and robbery of the insured motor vehicle;
3) The insured intentionally causes a road traffic accident.
In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs in the potato hunger branch, causing property losses to the victim, the limb information insurance company shall not be liable for compensation.
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Traffic Accident Car Insurance Claims:
1. Before calling the police to determine responsibility, in order not to affect the traffic, you must use your mobile phone to take a photo or record a ** as evidence Tongqingyu, and then move the car away, and then call the police immediately, waiting for the traffic police to deal with and determine the responsibility. The traffic police need to make a judgment based on the weather, road surface, signal lights, vehicles and other conditions at the time of the accident, and issue an accident certificate within 10 days from the date of on-site investigation, and the time for appraisal will be postponed. If both parties have no objection to the accident identification result, they can sign the identification letter, and if they have objections, they can apply for reconsideration within 3 days after receiving the identification letter;
2. After reporting to the insurance company for the determination of responsibility for the traffic accident, remember to notify the insurance company in time. Please note: All reports must be made within 48 hours of the accident, otherwise the insurance company may deny the claim.
After receiving the claim report, the insurance company will arrange relevant personnel to contact the vehicle for damage assessment;
3. For vehicle maintenance, if the insurance company chooses to repair in the repair shop designated by the insurance company, the repair cost is generally settled directly between the repair shop and the Baozheng insurance company. The non-responsible party only needs to wait for the car to be repaired and pick up the car directly. The responsible party will have to pay a portion of the repair fee they should have paid (such as the part that the insurance company deducts) and pick up the car.
If you choose a repair shop to repair yourself, then after the car is repaired, you must pay the repair shop first, and then take all the materials to the insurance company's claims department to make a claim.
In order not to delay the use of the car, repair the car yourself, keep the documents, you can wait, or you can negotiate with your insurance company to pay first. >>>More
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In the event of a road traffic accident, the other party will also pay vehicle depreciation after the responsibility is determined and the claim is settled, which should be a reasonable request, but there is no legal support at present, you don't have to pay attention to him and ask him to go through legal procedures. Because from the current legal support, the compensation for the traffic accident has included all the expenses, and there is no such thing as paying depreciation, if he has evidence, he can solve it through legal procedures.
The compensation treatment of traffic accidents can be reconciliation, mediation and litigation, and the mediation of the settlement and application for the traffic management department require the cooperation of the other party. What should I do if the other party does not pay for the traffic accident. >>>More
Of course, it is necessary to take the legal route and sue the other driver, the car owner, and the insurance company as defendants. At the same time, you can apply to the court for property preservation of the other party (that is, a means to prevent the other party from transferring property).