How to pay the repair fee for the primary and secondary responsibilities, and should the secondary r

If the vehicle has not been repaired now, you can ask the other party vehicle driver to pay seventy percent of the repair fee of your car in advance (the other party refuses, you can let the traffic police coordinate), pay attention, whether the repair field or the 4S shop is best to issue 2 invoices, a seventy percent, a three percent. The other party paid seventy percent of the repair fee, seventy percent of the invoice to the other party, he contacted his own insurance claim, and your thirty percent invoice contacted his own insurance company to claim (a good insurance company can be paid by the insurance first).

The secondary responsibility is to give the main responsibility for repairing the carIn the event of a traffic accident, after the division of responsibility, if one party is not fully responsible, it is basically a two-way compensation. For example, if a traffic accident occurs between car A and car B, there is no accident, only the car damage needs to be compensated, car A is the main responsibility, bearing 70% of the repair cost, and car B is responsible for 30% of the repair cost.

For example, the repair cost of car A is 2,000 yuan, and the repair cost of car B is 1,000 yuan; Then car A has to bear the repair cost of 1400 yuan for its own car, and the remaining 600 yuan is borne by car B; Similarly, the repair cost of car B is borne by car A 700 yuan, and the remaining 300 yuan is borne by car B itself.

The main responsibility bears 70% of the responsibility of his own car and 70% of the responsibility of the other car. Failure to bear 30% responsibility for the accident. This 7 percent and 3 percent mainly refer to the part above 2,000 yuan.

If it is less than 2,000 yuan, it will be paid by its own compulsory traffic insurance. The other party with more than 2,000 will pay 7 percent or 3 percent.

How to divide the primary and secondary responsibilities for traffic accident repair fees.

The division of traffic accident liability mainly depends on the following factors: 1. Whether the parties have violated the rules; 2. Whether there is a causal relationship between the violation and the accident; 3. How much does the illegal behavior play in the accident? If there is a violation and there is a causal relationship between the act and the accident, then the liability for the accident should be assessed according to the role of the party's violation of the rules in the accident.

Accident liability is divided into full liability, primary liability, equal liability, and secondary liability. (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.

How to compensate for compulsory primary and secondary liability insurance.

In the case of a traffic accident, both parties are motor vehicles, and the compensation method of insurance is:

First, within the limit of compulsory traffic insurance, the insurance company shall bear all the compensation liabilities in a proportional manner, including 2,000 yuan for property loss, 10,000 yuan for medical expenses, and 110,000 yuan for disability compensation;

Second, the part that exceeds the limit of compulsory traffic insurance shall be borne by both parties in accordance with the proportion of liability.

Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents Article 16 Where a motor vehicle insured with compulsory third-party liability insurance (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") is insured by the same time as the motor vehicle that has been insured by the motor vehicle for damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:

1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;

2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;

Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.

Legal basis:

The primary and secondary responsibilities for traffic accidents are compensated as follows: (1) In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian, and the motor vehicle party bears the main responsibility in the traffic accident, it shall bear 80% of the compensation liability; (2) In the event of a traffic accident between a motor vehicle and a motor vehicle, if the person bears the main responsibility, he shall bear 70% of the compensation liability. Within 15 days from the date of receipt of the certificate, an application for reconsideration may be made.

Those who are not satisfied with the outcome of Heng Ming's reconsideration may raise an objection during the course of the litigation and request that the court re-determine responsibility. The court can dismiss the traffic police's accident determination because it is only a piece of evidence, and the court can re-determine the responsibility for the accident. However, sufficient evidence is required for the re-identification, or the identification letter is obviously inconsistent with the accident scene and records of the traffic police.

If there is no evidence, it is impossible to change the determination result simply by simply not recognizing the allocation of accident responsibility in the certificate. Article 19 of the Measures for the Handling of Road Traffic Accidents makes a scientific division of responsibility for traffic accidents. This is the traffic accident caused by the violation of the violation of one party, and the party with the violation shall bear full responsibility, and the other party shall not be liable for the traffic accident; If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an equal role in the traffic accident, the two parties are equally responsible.

Where the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of each party's violation in the traffic accident. In addition, in case of special circumstances, the division of responsibility for traffic accidents shall be carried out by means of presumption of liability in Article 20 and Article 21 of the Measures for the Handling of Road Traffic Accidents. That is, if one of the parties has the conditions to report the case, but fails to report the case or fails to report the case in a timely manner, so that the responsibility for the traffic accident cannot be determined, it shall bear full responsibility.

Where a party escapes or neglects to destroy, falsify the scene, or destroy evidence, making it impossible to determine responsibility for the traffic accident, they shall bear full responsibility. The issue of compensation is very complicated, and there is no unified standard for the size of the responsibility and the proportion of compensation, and there is no dispute about all the liability and compensation, and the others are generally resolved through mediation and negotiation by the traffic police. The only thing that is very different is to go to court to file a lawsuit, and the court will decide.

Road Traffic Accident Handling Procedures Stipulate Bends

Article 46.

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.

The division of responsibility for a traffic accident mainly depends on the following factors:

1. Whether the parties have violated the law;

2. Whether there is a causal relationship between the illegal act and the accident;

How big is the role of illegal behavior in accidents?

If there is an illegal act, and there is a causal relationship between the act and the accident, the accident liability shall be determined according to the role of the party's illegal act in the accident. Accident liability is divided into full liability, primary liability, equal liability and secondary liability.

1) Where a road traffic accident is caused by the fault of one party, it 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 their fault;

None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, all parties are not liable.

If one party intentionally causes a road traffic accident, the other party is not responsible.

Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.