The recent civil court hearing of the case for several road traffic accident damage, the common point is that the vehicle is not in accordance with the provisions of insurance compulsory insurance, focus on compensation issues the parties dispute mainly has two points: one is to determine the reasonable economic losses of the victim, on the other hand, the vehicle owner or the manager uninsured how compensation, the latter argument is particularly intense. The victim that the uninsured is the owner of the fault, shall compensate for the losses, that is because the owner is not insurance for the victims cannot obtain the insurance compensation should be part of the owners compensation; and the Fang Ze thought, uninsured is indeed the main car fault, but the fault nature will be subject to administrative penalties, the owners have to pay for your mistakes, civil liability principle should be proportionate liability accident, and shall not use the civil compensation way "punish" did not pay insurance to pay strong owner. Such arguments in almost every should cover insurance compulsory insurance and uninsured cases occur in such cases, become the most critical and most sharp contradiction.

    The traffic accident compensation disputes between the plaintiff and the defendant is not large, the attitude of the parties basically is "I should lose will lose, not the lost never more pay", if there is underwriting the insurance company to participate in the litigation is the insurance company to see how the compensation for compensation, the parties will not have too big dispute, but such cases to explain how the difficulty of legal consequence uninsured are large, many parties, especially the secondary liability accident in one of the parties, the legislation idea for all the total compensation is also hard to understand, so the judges always mediation or that was before the court of the parties to the legal provisions of the interpretation: the compulsory traffic accident liability insurance system in China, is to protect the uncertain third party interests and the establishment of a social security nature of the guarantee insurance, and in the form of law to ensure the implementation of the system, "the people's Republic of China Road Traffic Safety Law" and "motor vehicle traffic accident liability compulsory insurance Ordinance" clearly the vehicle owner or the manager have a statutory obligation to buy compulsory insurance, and shall not insured to pay strong The administrative punishment insurance, but not on the civil compensation liability without insurance of vehicle traffic accidents stipulated. "The implementation of 'of the people's Republic of China Road Traffic Safety Law' measures of Shandong province" (started in March 1, 2009) explicitly did not participate in the motor vehicle insurance accident accident caused personal injury, property loss,The motor vehicle owner or the manager on the equivalent cross strong insurance liability limit range according to the injury and the actual loss compensation, that is to say whether insurance compulsory insurance, the insurance to pay strong limit losses without division of responsibilities, and shall be borne by the responsible party shall make full payment, the victim is not compensable amount because of the accident whether the insured is different, the compulsory insurance system complement and refinement also stepped up to protect the victim of the accident, the injured party claim amount is not due to the fault (uninsured) decreased, which is to protect the victims of traffic accidents, but also on the vehicle all urge (urge its strong risk of the insured to pay on time). 

    A lot of the understanding of the law will take the initiative to reach a mediation opinions with each other, even because the understanding deviation of compensation digital too big not mediation, the court shall make a judgment also expressed understanding and obedience to the judgment.

   The motor vehicle shall insure cross strong insurance and uninsured, before July 1, 2006 are not insured three party commercial insurance and the commercial three party insurance atJuly 1, 2006 has not yet expired and at the time of the accident is still in the period of insurance, namely motor vehicle without insurance to pay strong nor as the three cross strong insurance. In this case, the liability for compensation after the accident bear not directly between the parties in accordance with the proportion of share fault. The first by the motor vehicle shall bear the responsibility for compulsory insurance, compulsory insurance liability limit beyond the loss of only between the parties concerned in accordance with the law of distribution. Because the cross strong insurance is for the purpose of accident risk dispersion vehicle, protect the lawful rights and interests of the victim. Strong risk of the insured to pay is the legal liability for motor vehicle owners or managers of the. If the vehicle is not in accordance with the provisions of the law for compulsory insurance, the insurance liability should be made by the motor vehicle shall bear.

    For example:After the traffic accident, the victim of the total loss that is 50000 yuan, the highest in the compulsory insurance liability limit of 60000 yuan, the loss shall be the accident vehicle side in insurance liability limits the scope of bear.

    Such as traffic accidents between motor vehicles, the motor vehicle shall (without insurance for party) has the responsibility for the accident, regardless of the size of its responsibilities, the loss of 50000 yuan were all by the motor vehicle shall bear. If the motor vehicle party in the accident without liability, then the motor vehicle party only in the limits of liability compulsory insurance 12000 yuan undertake compulsory insurance liability, loss of 38000 yuan and the rest shall be borne by the responsible party of motor vehicle.

    If a traffic accident between motor vehicle and non motor vehicle, pedestrian, the motor vehicle shall (without insurance for party) has the responsibility for the accident, regardless of the size of its responsibilities, the loss of 50000 yuan were all by accident vehicle Fang Chengdan. If the motor vehicle party no responsibility in the accident, non motor vehicles, pedestrians have the responsibility, the motor vehicle shall only in the limits of liability compulsory insurance 12000 yuan undertake compulsory insurance liability, loss of 38000 yuan the rest can be made by the people's court according to the specific circumstances, sentenced to motor vehicle shall bear liability for compensation 5% - 20%. If the motor vehicle party without responsibility, non motor vehicle, pedestrian shall have no responsibility, the loss of 50000 yuan should be entirely by the motor vehicle shall bear.

    For example:After the traffic accident, the victim of the total loss that is 100000 yuan, which is beyond the limits of cross strong insurance liabilities 60000 yuan, the loss is still the accident vehicle side (uninsured party) in insurance liability limit range undertake compulsory insurance liability if the traffic accident happened between belonging to a motor car, the motor vehicle shall (without insurance for party) has the responsibility for the accident, regardless of its size to determine liability compulsory insurance liability 60000 yuan by the motor vehicle shall bear the loss of 40000 yuan, the rest of the distribution according to the duty ratio, if the final determination of the motor vehicle shall bear compensation responsibility 50% the vehicle side, is the actual amount of compensation is 80000 yuan, 50000 yuan and not. If the motor vehicle party in the accident without liability, then the motor vehicle party only in the limits of liability compulsory insurance 12000 yuan undertake compulsory insurance liability.

    If a traffic accident between motor vehicle and non motor vehicle, pedestrian, the motor vehicle shall (without insurance for party) has the responsibility for the accident, regardless of the size of its responsibilities, the loss of 100000 yuan from the motor vehicle shall bear the 60000 element cross strong insurance liability. The loss of $40000 in the rest of the non motor vehicle, pedestrian according to whether the motor vehicle shall bear the responsibility for the accident responsibility appropriately reduced. If the final determining liability of motor vehicle shall bear the 50%, is a vehicle side the actual amount of compensation should be 80000 yuan. Both sides showed no responsibility in accordance with the motor vehicle shall have the responsibility to handle.

If a traffic accident between motor vehicle and non motor vehicle, pedestrian, the motor vehicle shall (without insurance for party) has no responsibility for the accident, non motor vehicle, pedestrian negative total liability, the loss of 100000 yuan from the motor vehicle shall bear the 12000 element cross strong insurance liability. The loss of 88000 yuan the rest can be made by the people's court according to the specific circumstances, any motor vehicle shall bear liability for compensation of 5% - 20%. If the final determining liability of motor vehicle shall bear the 10%, is a vehicle side the actual compensation amount is 20800 yuan, not 10000 yuan.

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Notice to protect people's livelihood to some problems of civil trial in February 12, 2012 the Supreme People's Court about the current situation (method [2012]40) have made provisions.

    Fifth the provisions of the notice: "properly handle disputes, the road traffic accident damage compensate according to the evil, to ensure fairness and justice. To unify the judicial ideas, from the perspective of convenient procedure and beneficial trial angle, for infringement disputes and related compulsory insurance contract dispute case to adjudicate; in drunk driving, driving without a license and other illegal case responsibility, shall bear the corresponding liability for compensation at the same time in determining the insurance company, insurance company gives the right of recourse in the case of; not insured liability, should bear the liability insurance to pay strong limit of the vehicle by the party first, the rest of the tort liability identification and classification. To encourage and protect do boldly what is righteous and good in accordance with the law, and resolutely put a stop to use the media to malicious speculation, that do boldly what is righteous escape the civil liability act."

According to the "notice" provisions, the responsibility in the case of uninsured motor vehicle to bear, should bear the liability insurance to pay strong limit of the vehicle by the party first, the rest of the tort liability identification and classification.

A division of the Supreme People's Court of the people:　　

    "Did not participate in the traffic accident liability compulsory insurance of motor vehicle traffic accident should bear the responsibility," road traffic safety law "does not make specific provisions. We tend to think that, did not participate in the compulsory motor vehicle third party liability insurance, should be treated according to "road traffic safety law" in article seventy-sixth, but should be excluded for motor vehicle and motor vehicle uninsured traffic accidents caused casualties. The passengers in the car. Only between motor vehicle and non motor vehicle, pedestrian traffic accident responsibility will be required in the uninsured in to limit the scope of full payment."