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It depends on the relationship between the owner of the car and the driver, if the driver has a driver's license, it is a borrowed vehicle, then the owner is not liable, and is responsible for the employer's liability for compensation.
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When the driver of the accident is fully responsible, and the person has died, the owner of the car does not need to compensate, the owner supports the attached civil liability, as for the compensation, the two parties can negotiate or the court will make a judgment in accordance with the law.
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In the case of a traffic accident, the driver is fully responsible and dies. If commercial insurance is purchased for the occupants of the car, then in addition to compulsory traffic insurance, commercial insurance will also compensate a part of the car owner who may need to compensate the driver from a humanitarian point of view.
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In a traffic accident, the driver himself bears full responsibility for the accident and dies. The owner of the car should not be required to make compensation. Because in this traffic accident, the driver bears full responsibility for the accident. It was a traffic accident caused by his improper operation.
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According to the law, if the driver and the owner of the car are not in an employment relationship, then the owner is not responsible for compensation in Beijing and Hebei, and can also claim damage from the driver's heirs, if the owner and the driver are in an employment relationship, it is a lease relationship, and the owner is jointly and severally liable.
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If the owner and driver are in an employment relationship, the owner of the car is liable for compensation, and the fault of the driver can reduce the liability of the car owner. If the relationship between the owner and the driver is to borrow a car or rent a car, the owner is not at fault and will not be liable for compensation.
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According to the Civil Code, the car owner is not liable for compensation, but can also ask the driver's heirs to compensate for the damage.
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If the driver in the traffic accident is not the owner of the car himself, because the traffic accident caused death, the owner of the car shall bear the corresponding joint and several liability.
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The driver of the traffic accident is responsible and dies, and the owner of the car should not be able to compensate.
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The driver of the traffic accident is fully responsible, and the owner of the deceased vehicle shall be compensated in accordance with the relevant provisions of traffic laws.
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The driver of a unilateral traffic accident is fully responsible for the on-the-spot death compensation method as follows:
1. Determination of losses.
1. Property damage. Including vehicle property damage, other facilities property damage caused. Subject to actual occurrence and reasonableness.
2. Personal loss. It includes funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. The compensation for personal ** should be determined based on the nature of the deceased's household registration, location, age, number of dependents, etc., and it cannot be simply said how much compensation will be paid.
II. Division of Liability.
1. The driver is the owner of the car. The driver is fully responsible for his own compensation, which is actually his own compensation.
2. If the driver is an employee, the employer shall bear the liability for compensation, but because the driver is fully responsible for his own gross negligence, the employer's liability for compensation shall be reduced. Specific negotiation may be subject to the court's decision.
3. If the driver belongs to the borrower of the vehicle, the owner shall compensate within the amount of compulsory traffic insurance, and the insufficient part shall be borne by the borrower, that is, the driver who is fully responsible, but if the owner is at fault in the process of borrowing the car, such as the incomplete vehicle procedure mechanism, and the driver is drunk without a license and borrows the car, he shall bear the corresponding responsibility. Specific negotiation may be subject to the court's decision.
3. Insurance compensation.
Vehicle and personal damage can only be compensated by car damage insurance and vehicle occupant insurance, and if it is not purchased, it can only be borne by the responsible person.
Legal basis: Article 8 of the "Compulsory Insurance Clause for Motor Vehicle Traffic Accident Liability" 1, the insured vehicle bears the accident liability for death and disability compensation limit of 110,000 yuan, medical expenses compensation limit of 10,000 yuan, property damage compensation limit of 2,000 yuan, the maximum total amount of claims 122,000 yuan.
2. When the insured motor vehicle does not bear the liability for the accident, the compensation limit for death and disability is 11,000 yuan, the compensation limit for medical expenses is 1,000 yuan, the compensation limit for property damage is 100 yuan, and the maximum claim limit is 12,100 yuan.
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Legal analysis: If a traffic accident causes death, the driver is fully responsible, this situation is already a traffic accident, and the driver may be sentenced to up to 3 years in prison, and He Bu will compensate the victim for death compensation.
Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates the regulations on the administration of transportation and thus dispatches a major accident involving Pearson, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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Legal analysis: Violation of traffic and transportation management regulations, resulting in a major accident and death, suspected of traffic accidents, generally sentenced to fixed-term imprisonment of less than three years or criminal detention, suspected of criminal offenses.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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Legal analysis: If a traffic accident causes death, the driver is fully responsible, this situation is already a traffic accident, and the driver may be sentenced to up to 3 years in prison to compensate the victim for death compensation.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Traffic Accident Death Compensation] Article 37 of the Measures for the Handling of Road Traffic Accidents stipulates: >>>More
Actively compensate the victim's family and obtain a letter of understanding from the family, so that the compensation items that will be suspended are: 1. Medical expenses. Including: diagnosis and treatment fees, medical expenses, hospitalization fees, and others (voucher payment, referral form for foreign **; 2. Lost time pay. >>>More
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1. In a traffic accident, the management department of the car shall first conduct an analysis to confirm the responsibility for the accident, and then determine the corresponding civil compensation liability and the corresponding criminal liability that needs to be borne. Where the motor vehicle party bears full or primary responsibility for the traffic accident, it shall be punished in accordance with the crime of causing a traffic accident, and the perpetrator shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. 2. According to the provisions of Article 133 of the Criminal Law, whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. >>>More
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