How to deal with a traffic accident? How to determine the responsibility for traffic accidents? What circumstances constitute traffic accident crime? Today, we reproduced the article "Traffic Accident Case Handbook (Sorting and Answering of 29 Common Legal Questions)" launched by the Judicial Case Research Institute of the Supreme People's Court, and shared it with you.
1. How to deal with it after a traffic accident
After a traffic accident occurs, the scene should be properly protected, and on the principle of ensuring safety, the evidence should be fixed by taking photos on site or marking the on-site location of the accident vehicle.
If the accident is minor and there is no objection to the liability, the parties may negotiate on their own the matter of compensation for damages. If you have vehicle insurance, you can call the insurance company’s customer service number to report the case and the insurance company will compensate you. After consensus, you can evacuate the site and resume traffic. If you fail to evacuate the site immediately, you should promptly report to the on-duty traffic police or the traffic management department of the public security organ.
If you have any objections to the responsibility or cannot reach an agreement, you should immediately call the police , and the traffic police department will issue a written traffic accident responsibility identification certificate . The two parties divide responsibilities and negotiate compensation according to the traffic accident responsibility identification form. If the agreement cannot be reached, the traffic management department may intervene in the mediation. If the traffic management department still cannot reach an agreement after intervening, a lawsuit may be filed with the court.
Law Article Reference
" Road Traffic Safety Law " Article 73 The traffic management department of the public security organ shall promptly produce traffic accident identification based on the traffic accident site inspection, inspection, investigation and relevant inspection and identification conclusions, as evidence for handling traffic accidents. The traffic accident identification letter shall state the basic facts, causes and responsibilities of the parties involved, and serve them to the parties involved.
Article 74 For disputes regarding damages for traffic accidents, the parties may request mediation from the traffic management department of the public security organs, or they may directly file a civil lawsuit with the people's court.
If the parties fail to reach an agreement or the mediation document fails to perform after the effect of the , the parties may file a civil lawsuit with the people's court.
2. What is a traffic accident responsibility identification certificate
Road traffic accident responsibility identification certificate is a document formed by the public security traffic management department in accordance with traffic regulations whether the parties to the traffic accident have violated the rules, and the causal relationship between the violation and the consequences of the traffic accident damage. It is a technical document with legal effect. Its purpose is to distinguish the responsibility for accidents, to make correct and appropriate punishments to the perpetrators in accordance with traffic regulations and other regulations, and to lay the foundation and provide a basis for future compensation for accident damages. It is also of great significance and role to educate the majority of traffic accident participants to learn useful lessons from it, study the laws of traffic accident occurrence, and formulate effective safety precautions.
3. What contents are included in the road traffic accident identification
According to the "Handling Procedures for Handling Procedures ", the road traffic accident identification till contains the following contents:
(I) The person in charge of a road traffic accident, the vehicle, the road and Basic situations such as traffic environment;
(II) The occurrence of a road traffic accident;
(II) Analysis of evidence of road traffic accidents and the cause of the accident;
(IV) The fault and liability or accident cause of the party causing the road traffic accident;
(V) The name and date of the traffic management department of the public security organ that made the road traffic accident identification.
Road traffic accident identification letter shall be signed or sealed by the traffic police and stamped with the special seal for handling road traffic accidents in the traffic management department of the public security organ.
Article 65 stipulates that The road traffic accident identification letter shall be delivered to the parties within three days after production, and the right and time limit for applying for review, mediation and filing civil litigation shall be informed.
4. What are the division situations of traffic accident liability identification certificate
"Regulations on the Handling Procedures of Road Traffic Accidents" Article 60 stipulates that . The traffic management department of the public security organ shall determine the responsibility of the parties based on the role of the parties' actions in the occurrence of a road traffic accident and the severity of the fault.
(I) If a road traffic accident is caused by the fault of one party, he shall bear all responsibility;
(II) If a road traffic accident occurs due to the fault of two or more parties, he shall bear the main responsibility, equal responsibility and secondary responsibility according to the role of the behavior on the accident and the severity of the fault;
(III) No party has any fault that causes a road traffic accident. If an traffic accident is , no party is responsible. If one party intentionally causes a road traffic accident, the other party is not responsible.
5. How to determine the compensation ratio based on the traffic accident responsibility identification letter
When determining the compensation ratio, there are two types of things to distinguish between motor vehicles and non-motor vehicle drivers and pedestrians; the other is a traffic accident between motor vehicles and motor vehicles.
(I) Traffic accidents occur between motor vehicles and non-motor vehicle drivers and pedestrians
If a traffic accident occurs between motor vehicles and non-motor vehicle drivers and pedestrians, causing personal injury and property losses, the insurance company shall first compensate within the limit of the liability for motor vehicles third-party liability compulsory insurance .The motor vehicle party shall bear the compensation liability for the part exceeding the liability limit; but if there is evidence that the non-motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault:
. If the motor vehicle party bears full responsibility in a traffic accident, it shall bear 100% of the compensation liability;
. If the motor vehicle party bears main responsibility in a traffic accident, it shall bear 80% of the compensation liability;
. If the motor vehicle party bears main responsibility in a traffic accident, it shall bear 80% of the compensation liability;
. If the motor vehicle party bears main responsibility in a traffic accident If the motor vehicle is responsible for equal responsibility, it shall bear 60% of the compensation liability;
. If the motor vehicle is responsible for secondary responsibility in a traffic accident, it shall bear 40% of the compensation liability;
. If the motor vehicle is not at fault, it shall bear no more than 10% of the compensation liability;
. If a non-motor vehicle driver or pedestrian occurs in a traffic accident on a highway, it shall bear 5% of the compensation liability.
. The loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian who deliberately collided with a motor vehicle, and the motor vehicle party shall not bear the liability for compensation.
(II) Traffic accidents occur between motor vehicles and motor vehicles
Traffic accidents occur between motor vehicles and motor vehicles shall be compensated by the insurance company within the limit of the compulsory insurance liability for motor vehicles. The party at fault shall bear the compensation liability for the part exceeding the limit of liability; if both parties are at fault, they shall share the liability according to the proportion of their respective faults:
. If they are fully responsible for the accident, they shall bear 100% of the compensation liability;
. If they are mainly responsible, they shall bear 70% of the compensation liability;
. If they are equally responsible, they shall bear 50% of the compensation liability;
. If you bear secondary liability, you shall bear 30% of the compensation liability;
. If you are not at fault, you shall not bear compensation liability;
. If it is a traffic accident accident and all parties are not responsible, the compensation liability of both parties shall be determined according to the provisions of the " Civil Code " and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases ", the compensation liability of both parties shall be determined according to the specific circumstances.
6. How to relieve the traffic accident identification certificate when not obeying the traffic accident identification certificate
"Regulations on the Handling Procedures of Road Traffic Accidents" Article 71 stipulates that . If the parties have objections to the road traffic accident identification or issue a road traffic accident certificate, they may submit a written review application within three days from the date of delivery of the road traffic accident identification certificate or the road traffic accident certificate. If the parties submit a review application within the deadline, the application will not be accepted and the applicant will be notified in writing.
review application shall state the review request, its reasons and main evidence. The review of the same accident is limited to one time.
7. What situation does not fall within the scope of review acceptance
The following situations do not fall within the scope of review acceptance:
. Any party to the People's Court File a lawsuit and accepted by the court;
. The People's Procuratorate approved the arrest of the suspect in the traffic accident;
. Road traffic accidents handled by simple procedures;
. Accidents occur when vehicles pass outside the road.
8. Under what circumstances is it necessary to apply for review
The party has objection to the identification of a road traffic accident or issuing a road traffic accident certificate.
9. What aspects should I start with applying for review?
In combination with the "Regulations on the Procedures for Road Traffic Accident Handling" on the specific requirements for accident identification and the specific content of the traffic accident identification letter, the following issues must be paid attention to:
. Whether the traffic accident identification document records the basic facts of the accident objectively and comprehensively, and whether the application of the law is correct;
. Whether the division of responsibility for road traffic accidents is fair;
. Whether the road traffic accident investigation and identification procedures are legal.
10. Time of review application
If the party is dissatisfied with the traffic accident responsibility identification certificate made by the traffic police, he may submit a written review application to the traffic security traffic management department within 3 days from the date of delivery of the traffic accident responsibility identification certificate or the road traffic accident certificate. The public security traffic management department at the next level shall make a decision on whether to accept the application within 5 days after receiving the written review application by the parties.
11. Result of the traffic accident responsibility identification certificate
Public security traffic management department accepts the application for review, if it is believed that the facts of the original traffic accident responsibility identification certificate are unclear, the evidence is indeterminate, the division of responsibility is unfair, or the investigation and determination violates the statutory procedures, a review conclusion will be made, and the original case-handling unit is ordered to re-invest and determine the original traffic accident responsibility identification ; if it is believed that the original traffic accident responsibility identification certificate is clear, the evidence is sufficient, the application of the law is correct, the responsibility is fair, and the investigation procedures are legal, a review conclusion will be made to maintain the original road traffic accident identification.
12. The traffic accident responsibility certification certificate can be reviewed several times
Apply for a previous level public security traffic management department to review the traffic accident responsibility certification certificate.
13. After a traffic accident occurs, how to choose the court for litigation jurisdiction
Road traffic accident liability As a special infringement liability, according to the relevant provisions of the " Civil Procedure Law of the People's Republic of China ", it is governed by the people's court of "the place of infringement" or "the place of the defendant's domicile". To finally choose which court to choose, you can follow the following steps:
. Determine the court of jurisdiction to choose;
. Compare the compensation standards for the location of the court with jurisdiction;
. Based on your own litigation costs, choose a court of jurisdiction that is beneficial to you.
Law Article Reference
" Civil Procedure Law " (Amendment in 2021) Article 22 Civil lawsuits against citizens shall be subject to the jurisdiction of the People's Court of the defendant's place of residence; if the defendant's place of residence is inconsistent with the place of residence of the defendant, the people's court of the place of residence of the defendant shall be subject to the jurisdiction of the People's Court of the place of residence of the defendant; if the defendant's place of residence is inconsistent with the place of residence of the usual place of residence, the people's court of the place of residence of the regular residence shall be subject to the jurisdiction.
civil lawsuits filed against legal persons or other organizations shall be subject to the jurisdiction of the People's Court of the defendant's place of residence.
If the defendants in the same lawsuit have the domicile and frequent residence in the jurisdiction of more than two people's courts, each of the people's courts has jurisdiction.
Article 29 A lawsuit filed for infringement shall be subject to the jurisdiction of the people's court in the place of infringement or the place where the defendant is domicile.
"Interpretation of the Civil Procedure Law" (Amendment in 2022) Article 24 The place of infringement stipulated in Article 29 of the Civil Procedure Law, including the place where the infringement is carried out and the place where the infringement results occur.
14. Scope of compensation for personal injury
" Civil Code of the People's Republic of China " Article 1179 If you infringe on others and cause personal injury, you shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidy expenses, etc. for reasonable expenses for treatment and rehabilitation, as well as income reduced due to loss of work. If a disability is caused, the auxiliary equipment expenses and disability compensation should also be compensated; if a death is caused, the funeral expenses and death compensation should also be compensated.
15. Calculation standards and calculation methods for personal injury compensation
st issued by the Supreme People's Court will come into effect on May 1, 2022.
This modification will modify the disability compensation, death compensation and living expenses of dependents from the original compensation standard for urban and rural areas to uniformly calculate using the urban residents standards.
disability compensation and death compensation were modified from the original calculation according to the per capita disposable income of urban residents or the per capita net income standard of rural residents to the calculation according to the per capita disposable income standard of urban residents; the living expenses of the dependents were modified from the original calculation according to the per capita consumption expenditure of urban residents or the per capita annual living expense expenditure of rural residents to the calculation according to the per capita consumption expenditure of urban residents.
(I) Medical expenses
. Medical expenses are necessary expenses to restore health and perform medical treatment in the process of natural persons who are directly injured.
. Calculation method: Medical expenses = medical expenses + medical expenses + hospitalization expenses
. Medical expenses are determined based on medical expenses, hospitalization expenses and other receipts issued by medical institutions, combined with relevant evidence such as medical records and diagnostic certificates. If the compensation obligor has objections to the necessity and rationality of treatment, he shall bear the corresponding burden of proof. The amount of compensation for
medical expenses shall be determined according to the actual amount incurred before the end of the first instance court debate. Generally, it is confirmed based on the diagnosis certificate of a medical institution and documents or medical records and prescriptions for medical expenses, treatment expenses, and hospitalization expenses. If necessary, judicial appraisal agency can be entrusted to for appraisal. The compensation right holder may file a separate lawsuit for the rehabilitation fee, appropriate plastic surgery fee and other follow-up treatment fee for organ function recovery training. However, the inevitable expenses determined based on the medical certificate or the appraisal conclusion can be compensated together with the medical expenses that have been incurred.
(II) Loss of work
. Loss of work refers to the wage income or operating income lost by the victim due to personal injury, which makes him unable to perform normal work or normal business activities.
. Calculation method:
(1) The victim has a fixed income, and the loss of work is calculated based on the actual reduced income.
The amount of compensation for lost wages = victim's salary (yuan/day) x lost time (day)
(2) The victim has no fixed income and is calculated based on his average income in the past three years.
A. The amount of compensation for lost work expenses = the victim's average income in the last three years (yuan/day) x the time of lost work (day)
B. The amount of compensation for lost work expenses = the average wage of employees in the previous year of the same or similar industry in the court where the appeal is located (yuan/day) x the time of lost work (day) (if the victim cannot provide evidence to prove his average income status in the last three years, it can be calculated based on the average wage of employees in the previous year of the court where the appeal is located)
(3) The determination of the loss of work time is generally based on the recommended rest time or judicial appraisal opinions of the hospital. If the victim continues to lose work due to injury, the loss of work can be calculated until the day before the fixed disability date.
(4) If the victim has no labor income and asks for compensation for lost wages, it will generally not be supported. The "Enderstanding and Application of Judicial Interpretation on Personal Injury Compensation of Personal Injury Compensation" explains Article 20 (see Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases") as follows: A victim without an income refers to the victim's source of living mainly or entirely relies on others for supply, or has an accidental small amount of income, but is not enough to maintain the normal life of the victim. Compensation for lost wages shall be limited to those who are able to work. If the victim is a person with no ability to work, he or she has no right to request compensation for lost wages. People who are able to work but have no income are mainly housewives and unemployed people.
For housewives, although they have no income, the housework they undertake undoubtedly has a support and guarantee role in the normal working income of other family members. After a housewife is victimized, the income and expenses of the entire family will inevitably be affected. If compensation is not given to him only because he has no "income", is obviously unfair.
For unemployed people, although they have no income for the time being, they still have the opportunity to find employment and obtain income. The possibility of obtaining such benefits will not be realized within a certain period of time due to the damage caused by the infringer's infringement. Therefore, the position of claiming that its compensation is in line with the loss of interests is relatively fair and reasonable. It can be seen from this that compensation for lost wages to non-income victims with labor capacity is in line with fair values.
(III) Nursing fee
. Nursing fee refers to the reduction of the victim's ability to move and self-care ability to a certain extent due to a considerable degree of personal injury. In order to help them live a normal life, during medical diagnosis, treatment and rehabilitation, a special person is appointed to take care of them according to the opinions of the medical institution or judicial appraisal, and the expenses required.
. Calculation method:
(1) If the nursing staff has income, the calculation shall be based on the provisions on the loss of work fee.
Nursing fee compensation amount = Nursing staff salary (yuan/day) x nursing period (day)
(2) If the nursing staff has no income or hires nursing staff, the labor remuneration standard for local nursing staff to engage in the same level of nursing staff shall be calculated based on the labor remuneration standards for nursing at the same level.
Nursing fee compensation amount = labor remuneration standard for local nursing staff to engage in the same level of nursing (yuan/day) x nursing period (day) × number of nursing staff (one)
In principle, nursing staff is one person, but if the medical institution or appraisal institution has clear opinions, the number of nursing staff can be determined by reference.
care period should be calculated until the victim recovers his ability to take care of himself. If the victim cannot recover his ability to take care of himself due to disability, a reasonable period of care can be determined based on factors such as age, health status, etc., but the maximum period shall not exceed twenty years. The nursing level of the victim after the nursing is deemed disabled should be determined based on the degree of nursing dependence and the condition of the preparation of disability assistive devices.
(IV) Transportation fee
. Transportation fee refers to the actual expenses incurred by the victim and his or her necessary caregiver during medical treatment or transfer to the hospital for treatment.
. Calculation method: Transportation fee compensation amount = actual transportation expenses incurred for medical treatment or transfer to hospital
Transportation fee shall be based on the official receipt; the relevant certificates shall be consistent with the place, time, number of people, and number of times of medical treatment.
(V) Hospitalization food subsidy
. Hospitalization food subsidy refers to the expenses spent by the victim due to necessary dietary consumption during the hospitalization treatment.
. Calculation method:
Hospital food subsidy = Food subsidy standard for general staff on business trips in local state organs (yuan/day) x hospitalization days
The victim is indeed necessary to go to other places for treatment and cannot be hospitalized for objective reasons. The actual accommodation and food expenses incurred by the victim himself and his accompanying personnel shall be compensated for the reasonable part.
(VI) Nutrition fee
. Nutrition fee refers to the expenses spent by the victim to purchase nutritional items under the guidance and requirements of the doctor during the diagnosis and treatment period.
. Calculation method:
Nutrition fee = The actual necessary nutrition fee incurred (based on the victim's disability situation, refer to the opinions of the medical institution)
. The compensation period for nutrition fees can be entrusted to a judicial appraisal agency for calculation, or it can be determined after soliciting the opinions of the medical institution.
(VII) Disability compensation
. Disability compensation refers to the victim's income or loss of his or her source of living due to a considerable degree of personal injury, resulting in a decrease in his or her income or loss of his or her source of living due to a considerable degree of personal injury.
. Calculation method:
disability compensation = per capita disposable income of urban residents in the previous year where the court is sued is located x compensation period × disability coefficient
(1) The determination of the years of compensation for disability compensation shall be calculated based on twenty years from the date of detention. However, for those over 60 years old, the age decreases by one year for every increase of one year; for those over 75 years old, the age is calculated based on five years.
(2) If the victim is disabled due to injury but his actual income has not decreased, or the disability level is light but causes occupational hindrance and seriously affects his employment, the disability compensation can be adjusted accordingly.
(3) If the compensation right holder can provide evidence to prove that the per capita disposable income of urban residents in his place of residence or his place of residence is higher than the standard of the court where the appeal is located, then the disability compensation or death compensation can be calculated according to the relevant standards of his place of residence or his place of residence.
(eight) Disability assistive device fee
. Disability assistive device fee refers to the cost of living self-service equipment purchased and equipped in order to compensate for the lost organ functions of the victim, to assist him in his or her life care or to engage in production labor, such as the expenses for purchasing prosthetics, wheelchairs, etc.
. Calculation method: Disability assistive device fee = reasonable cost of ordinary applicable devices
(1) If the equipment with compensation function needs to be prepared due to disability, the amount of compensation should be calculated based on the certificate of the medical institution or judicial appraisal opinions, combined with the user's age, average lifespan of my country's population, and the service life of the instrument, etc., the compensation amount should be calculated according to the expenses of popular devices. If the injury has special needs, the corresponding reasonable cost standards can be determined by referring to the opinions of the auxiliary equipment preparation agency.
(2) The replacement cycle and compensation period of auxiliary equipment are determined by referring to the opinions of the formulation agency.
(9) Funeral expenses
. Funeral expenses refer to the necessary expenses spent by the victim to deal with his or her relatives in order to deal with his or her funeral matters.
. Calculation method:
funeral expense compensation amount = the average monthly salary of employees in the previous year (yuan/month) x 6 months
(10) Death compensation
. Death compensation refers to the compensation obligor who will give his family a certain amount of compensation to the victim in the case where the victim loses his life due to personal injury.
. Calculation method:
death compensation = per capita disposable income of urban residents in the previous year where the court was sued was located x compensation period
(1) The determination of the compensation period for the death compensation period shall be calculated based on twenty years. However, for those over 60 years old, the age decreases by one year for every increase of one year; for those over 75 years old, the age is calculated based on five years.
(2) If the compensation right holder can provide evidence to prove that the per capita disposable income of urban residents in his place of residence or his place of residence is higher than the standard of the court where the court is held, the disability compensation or death compensation can be calculated according to the relevant standards of his place of residence or his place of residence.
(11) Living expenses for dependents
. Living expenses for dependents refer to the cost of maintaining normal living for a certain amount of minors who should bear the obligation of support in accordance with the law or adult close relatives who have lost their ability to work and have no other source of living when the victim is disabled due to personal injury.
. Calculation method
(1) If the dependent is a minor, it shall be calculated to be 18 years old.
Living expenses = per capita consumption expenditure of urban residents × (18-actual age)
(2) Those who are dependents are from 18 to 60 years old, have no ability to work and no other source of living, and are calculated for 20 years.
Living expenses = per capita consumption expenditure of urban residents × 20 years
(3) The dependents are from 60 to 75 years old, they are unable to work and have no other source of living, and their age decreases by 1 year for every 1 year.
Living expenses = per capita consumption expenditure of urban residents ×[20-(actual age-60)] year
(4) The dependent is over 75 years old, has no ability to work and no other source of living, and is calculated based on 5 years.
Living expenses = per capita consumption expenditure of urban residents × 5 years
(5) When there are other dependents
Living expenses = living expenses of dependents ÷ number of dependents
(6) When there are several dependents
annual total compensation ≤ per capita consumption expenditure of urban residents
If the dependents have other dependents, the compensation obligor will only compensate the victim for the part that should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year.
(Twelve) Mental damage compensation
. Mental damage compensation refers to the victim and his close relatives suffering great mental trauma when the victim suffers serious personal injury, or even causes disability or death, and based on this, the obligor requests compensation to the victim and his close relatives a certain amount of compensation.
. Calculation method
Mental damage compensation is subject to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mind Torts and Mind Damage Compensation for Civil Torts " to determine.
16. If a person is disabled due to a traffic accident, and the victim once again claims that the infringer continues to pay disability compensation after the determined compensation period exceeds the determined compensation period, whether to support
should be supported.
Legal Article Reference
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases" Article 19 If the determined nursing period, auxiliary equipment fee payment period or disability compensation payment period exceeds the determined nursing period, auxiliary equipment fee payment period or disability compensation payment period, and the compensation right holder sues the people's court to request to continue to pay nursing fees, auxiliary equipment fee or disability compensation, the people's court shall accept it. If the right holder of compensation really needs to continue to care for, prepare auxiliary equipment, or has no ability to work or live in a source of life, the people's court shall order the compensation obligor to continue to pay the relevant expenses for five to ten years.
17. What is the order of compensation after a traffic accident?
should follow the order of compensation for compulsory traffic insurance first, and the insurance company will first compensate within the limit of compulsory traffic insurance liability. For the part that exceeds the liability limit, if commercial three-liability insurance has been insured, the insurance company will make claims according to the content of the commercial three-liability insurance contract, and the part that exceeds the commercial three-liability insurance will be borne by the individual; if the commercial three-liability insurance is not insured, the remaining part of the accident liability shall be borne by the individual.
18. What are the liability limits for compulsory motor vehicle insurance and commercial insurance respectively
(I) Compulsory motor vehicle insurance liability limit
motor vehicle traffic accident liability compulsory insurance is a compulsory liability insurance that is compulsory liability insurance that causes personal casualties and property losses to the victims (excluding the personnel of the vehicle and the insured) caused by the insurance company for road traffic accidents in the insured motor vehicle and compensates within the liability limit.
The compensation limit for insured motor vehicles in road traffic accidents is: death and disability compensation limit 80,000 yuan; medical expense compensation limit 8,000 yuan; property loss compensation limit ,000 yuan.
The compensation limit for insured motor vehicles is: the limit for compensation for death and disability of RMB 18,000; the limit for compensation for medical expenses is RMB 1800; and the limit for compensation for property losses is RMB 100.
(II) Liability limit for commercial three-part insurance
The liability limit for commercial three-part insurance is determined based on the insurance premium rate and the agreement between the two parties.
19. Disclaimer scope of compulsory motor vehicle insurance
(I) Loss of traffic accidents intentionally caused by the victim;
(II) Loss of property owned by the insured and property on the insured motor vehicle;
(III) Traffic accidents in an insured motor vehicle, causing the victim to shut down business, stop driving, power outage, water outage, gas outage, production outage, communication or network interruption, data loss, voltage change, etc., as well as depreciation of the victim's property due to market price changes, losses caused by the reduction of value after repair, and other indirect losses;
(IV) Arbitration or litigation costs and other related expenses arising from traffic accidents.
20. The owner of the motor vehicle lent his license plate to someone else's deeds and charges a deed fee. After the deeds car has a traffic accident, will he bear the responsibility
"http://www. ml1 Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Road Traffic Accident Damage Compensation Cases (Amendment in 2020) stipulates that if a traffic accident occurs in a motor vehicle with a license plate, it is the responsibility of the motor vehicle and the parties request that the owner or administrator of the license plate bear the compensation liability, the people's court shall support it; if the owner or administrator of the license plate agrees to the license plate, he shall bear joint and several liability with the owner or administrator of the license plate.
21. In a traffic accident, if the personal physical condition of the injured party is expanded, can the liability of the infringer be reduced?
The victim of the traffic accident is not at fault. The impact of his physical condition on the consequences of the damage is not a legal situation that can reduce the liability of the infringer. (See Guidance Case No. 24)
22. Is the pregnant woman terminated her pregnancy due to a traffic accident, and has the right to request compensation for mental damage to
After the traffic accident, the victim, due to CT examination, affected the healthy development of the fetus, and chose to terminate the pregnancy at the suggestion of the doctor. The related expenses incurred are causally related to the traffic accident. The victim has the right to ask the infringer to compensate for mental damage to termination of the pregnancy.
23. If an electric bicycle is identified as a motor vehicle after a traffic accident, who shall bear the compensation liability
electric vehicle manufacturer produces products that are not motor vehicles in the name of a non-motor vehicle but are actually identified as a motor vehicle. There are defects in product warning instructions, which misleads consumers and causes the electric vehicle to be in an unreasonable danger. If a consumer drives an electric bicycle and an electric bicycle is identified as a motor vehicle, the electric bicycle manufacturer shall bear the compensation liability.
24. Criminal liability that may be faced in traffic accidents
The traffic accident may involve traffic accidents, negligent death , intentional homicide , and endangering public safety by dangerous means.
25. Difference between traffic accident and negligent crime of causing death
" Criminal Law " Article 133 If a person violates transportation management regulations and causes serious accidents, causing serious injury, death, or causing public and private property to suffer major losses, he shall be sentenced to fixed-term imprisonment of not more than three years or detention; if a person escapes after a traffic accident or has other particularly bad circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years; if a person dies due to escape, he shall be sentenced to fixed-term imprisonment of not more than seven years.
Article 233 of the Criminal Law If a person causes death by negligence, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years; if the circumstances are milder, he shall be sentenced to fixed-term imprisonment of not more than three years.If otherwise provided by this Law, it shall be in accordance with the provisions.
Both are negligent crimes, but the two are special and general relationships. If a traffic accident occurs on a public transportation road, it may constitute a traffic accident; if an accident occurs on a motor vehicle on a road where social vehicles are not allowed to pass, it may constitute a crime of negligence to cause death.
26. The difference between intentional homicide, endangering public safety by dangerous means, and traffic accidents
"Criminal Law" Article 232 If a person intentionally kills, he shall be sentenced to death, life imprisonment or more than ten years of fixed-term imprisonment; if the circumstances are mild, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Article 114 of the Criminal Law If arson, water breaking, explosion, and the release of toxic, radioactive, infectious disease pathogens and other substances, or other dangerous methods endanger public safety by other dangerous methods and has not yet caused serious consequences, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
Article 115 of the Criminal Law If arson, water breaking, explosion, and the release of toxic, radioactive, infectious disease pathogens and other substances, or other dangerous methods, causes serious injury, death or causes serious losses to public and private property, he shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death.
intentional homicide and the crime of endangering public safety by dangerous methods are intentional crimes. The biggest difference between the two is: whether the act of the perpetrator endangers public safety, that is, whether the perpetrator commits criminal acts against specific objects or the life, health and property safety of the unspecified majority. If targeting a specific object, it constitutes intentional homicide. If targeting an unspecified object, it constitutes the crime of endangering public safety by dangerous means.
The difference between the crime of endangering public safety through dangerous methods and the crime of causing traffic accidents is mainly because of the subjective intentionality or negligence of the crime. For example, if the perpetrator is driving under the influence of drunkenness and stops after a traffic accident occurs, it may be considered a traffic accident crime, because although the perpetrator drives under the influence of intention, the result is negligent; but if he drives under the influence of multiple vehicles in a continuous manner, causing some victims to be seriously injured or dead, he is ultimately forced to stop, and it should be considered a crime of endangering public safety by dangerous means, because the perpetrator can be determined to be subjectively negligent in the first collision, but the perpetrator does not stop, and there are several subsequent collisions, and the perpetrator should be subjectively deemed as intentional.
27. Situations that constitute the crime of traffic accident
According to Articles 2, 4 and 7 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents",
(I) Traffic Accident has the following circumstances Anyone who is sentenced to fixed-term imprisonment of not more than three years or detention:
. One person dies or more seriously injured, and is responsible for all or main responsibility for the accident;
. More than three people die, and is responsible for the same responsibility for the accident;
. If the direct loss of public property or property of others, the entire or main responsibility for the accident, and the amount of compensation is more than 300,000 yuan.
. If a traffic accident causes more than one person to be seriously injured and bears all or main responsibility for the accident, and is in any of the following circumstances, he shall be convicted and punished for the crime of causing a traffic accident:
(1) Driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualifications;
(3) Driving with a motor vehicle knowing that it is an incomplete safety device or the safety components are ineffective;
(4) Driving with a motor vehicle knowing that it is an unlicensed or scrapped;
(5) Driving with severe overload;
(6) Fleeing the scene of the accident to evade legal prosecution.
(II) If a traffic accident occurs in one of the following circumstances, it is "other particularly bad circumstances" and is sentenced to fixed-term imprisonment of not more than three years and not more than seven years:
. More than two people died or five people were seriously injured. The above is responsible for all or main responsibility for the accident;
. More than six people die and are equally responsible for the accident;
. If the direct loss of public property or property of others is responsible for all or main responsibility for the accident, and the amount of compensation is more than 600,000 yuan.
(III) If the unit supervisor, the owner of the motor vehicle or the motor vehicle contractor instructs or forces others to drive illegally, it causes a major traffic accident, and if one of the circumstances stipulated in item (1), it shall be convicted and punished for the crime of causing a traffic accident.
28. What is a criminal understanding
1 A criminal understanding essay is a legal written document issued by the victim of a criminal case and the suspect or his family to reach a settlement on the outcome of the criminal case.
29. Whether the criminal understanding has an impact on sentencing
Criminal understanding is a discretionary case in the law. When the public prosecution is completed in the court cross-examination process, it has the effect of discretionary reduction and lenient reduction in the criminal law.
Source: Supreme People's Court Judicial Case Research Institute, Legal Opinions
