Someone else overtook me in a car accident, should I be responsible?

Updated on society 2024-08-14
8 answers
  1. Anonymous users2024-02-16

    Generally speaking, if the car in front is driving normally and the rear car overtakes and causes a car accident, the rear car shall bear all or the main responsibility, and the specific responsibility determination is mainly determined by the traffic management department.

    Article 43 of the Road Traffic Safety Law of the People's Republic of China The vehicle behind the vehicle driving in the same lane shall maintain a safe distance sufficient from the vehicle in front to take emergency braking measures. In any of the following circumstances, no overtaking is allowed:

    The vehicle in front is making a left turn, making a U-turn, or overtaking;

    There is a possibility of meeting with the oncoming car on the opposite side;

    The vehicle in front is a police car, fire truck, ambulance, or engineering rescue vehicle performing emergency tasks;

    There are no overtaking conditions when traveling through railway crossings, intersections, narrow bridges, curves, steep slopes, tunnels, pedestrian crossings, and sections with large traffic flow in urban areas.

    Article 45 When a motor vehicle encounters a vehicle in front of it stopping and waiting in line or driving slowly, it shall not take the road to overtake or occupy the opposite lane, and shall not intersperse the waiting vehicle.

    In the section of the road with reduced lanes, at the intersection, or at the intersection without traffic lights, traffic signs, traffic markings or traffic police command, when encountering a stop and queue or slow driving, motor vehicles shall pass alternately.

  2. Anonymous users2024-02-15

    If you're not at fault, don't be responsible.

  3. Anonymous users2024-02-14

    Hello! This is based on the traffic accident certificate to determine the liability of both parties.

  4. Anonymous users2024-02-13

    Hello, call the police in time, and the traffic police will issue a letter of responsibility for the accident, and divide the responsibility according to the results.

  5. Anonymous users2024-02-12

    Legal analysis: First of all, the car in which the injured person sits, whether it is charged or not. If the charge is charged, it must be implemented in accordance with the regulations of the commercial vehicle (whether it is legal or illegal operation), and the commercial vehicle or the company of the commercial vehicle shall bear part of the responsibility first, and according to the accident liability, the insurance company shall bear another part of the liability (from the insurance company of the commercial vehicle).

    If there is no person responsible for the accident (e.g., caused by natural disasters such as landslides and floods), then the insurance company will bear all the medical expenses, and the driver and owner of the vehicle will only be morally liable. 1. In the case of bona fide ride-a-ride, the owner of the vehicle, as the subject of civil compensation, bears limited civil liability. A bona fide co-passenger is a person who rides a vehicle with the owner's good-faith invitation or permission or without the owner's knowledge.

    When a bona fide co-passenger dies or is injured in a traffic accident, the owner of the vehicle, as the operator of the vehicle and the owner of the operating interests, will naturally be liable for damages. 2. In the case of malicious co-passing, the malicious co-passenger shall be the subject of civil compensation.

    Legal basis: Road Traffic Safety Law of the People's Republic of China Article 22 No one shall force, instigate or condone a driver to drive a motor vehicle in violation of road traffic safety laws and regulations and requirements for safe driving of motor vehicles. This kind of forced co-passenger is a malicious co-passenger, at this time, the operation of the vehicle is actually under the coercive control of the co-passenger, the driver has lost the right to control the operation of the vehicle, and is purely forced to drive for the purpose of the co-passenger, and the traffic accident that occurs in this case should be taken by the malicious co-passenger as the subject of civil compensation.

  6. Anonymous users2024-02-11

    Legal Analysis: Who is responsible for overtaking someone else in a car accident, according to the overtaking in different circumstances, the division of responsibility in the event of a car accident is different. The vehicle behind is fully responsible for a collision caused by overtaking in a corner.

    Most curves are relatively narrow or even have only one lane, and even if the width is appropriate, the driver will not be able to stay in one lane due to the continuous curves. If you overtake at this time, you can easily get into a collision. It's best to wait until you have crossed the curve before overtaking.

    Legal basis: Article 43 of the Road Traffic Safety Law of the People's Republic of China For motor vehicles driving in the same lane, the rear vehicle shall maintain a safe distance sufficient from the vehicle in front to take emergency braking measures. In any of the following circumstances, no overtaking is allowed:

    a) The vehicle in front is making a left turn, making a U-turn, or overtaking;

    b) There is a possibility of meeting the car with the oncoming car on the opposite side;

    3) The vehicle in front is a police car, a fire fighting vehicle, an ambulance, or an engineering rescue vehicle performing an emergency mission;

    4) There are no overtaking conditions when passing through railway crossings, intersections, narrow bridges, curves, steep slopes, tunnels, pedestrian crossings, and sections with large traffic flow in urban areas.

  7. Anonymous users2024-02-10

    No liability.

    According to Article 1209 of the Civil Code, if the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the user of the motor vehicle shall be liable for compensationIf the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

    Whoever drives someone else's car hits and kills someone is responsible.

    The driver of the motor vehicle will generally be responsible for the responsibility of the motor vehicle driver if the owner or manager of the motor vehicle is at fault for the occurrence of the damage, and shall bear the corresponding liability for compensation.

    Article 1165 of the Civil Code of the People's Republic of China.

    Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability. Sock core.

    Article 1209 of the Civil Code of the People's Republic of China.

    If the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, or other rotten town circumstances, if the damage caused by a traffic accident is the responsibility of the motor vehicle, the motor vehicle user shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

    What should I do if someone else is driving my car and gets into an accident.

    If the vehicle procedures are normal, and the borrower has a driver's license that meets the type of quasi-driving, the owner will not bear any responsibility, and the insurance company will compensate within the scope of the insurance company's compensation after the accident, and the excess part will be borne by the actual driver. If the vehicle is not in normal formalities, condition, or if the borrower does not have a driver's license to drive the vehicle, then the owner and driver will be jointly responsible. According to Article 1209 of the Civil Code of the People's Republic of China, if the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

    Legal basis:

  8. Anonymous users2024-02-09

    If a traffic accident occurs in a traffic accident involving a borrowed or rented motor vehicle and is liable for the traffic accident, the borrower or hirer shall be liable, and if the compensation is not possible, the owner shall be responsible for the advance.

    The Tort Liability Law of the People's Republic of China has the following provisions on this situation: when the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., if the responsibility of the motor vehicle party after a traffic accident occurs, the insurance company shall compensate within the limit of liability of the compulsory insurance of the motor vehicle.

    For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

    How to compensate for driving someone else's car in a car accident:

    1. When the insured rents the vehicle for personal use, it depends on whether the insurance rate of each insurance company adopts the doctrine of subordination, subordination or subordination of the vehicle.

    2. When the insured rents the vehicle to the Qingshen unit for use, it depends on the nature of the unit and the purpose of the vehicle.

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