One, the summary of background

    Traffic accidents between motor vehicles and non motor vehicles, pedestrians, should first by the insurance company in insurance liability within the scope of the victim liability. The insurance company shall not be required to exempt or mitigate the damages to the non motor vehicle party in the traffic accident no fault grounds. Because the cross strong insurance to risk of accident responsibility dispersion motor, protection of the rights of the victims, is a special form of insurance has the function of social security. According to "road traffic safety law" provisions of article seventy-sixth, liability of insurance company is legal, the exemption is only one, that is the traffic accident is caused intentionally by the victims, in addition to insurance company can not exempt.

Motor vehicle and non motor vehicle or pedestrian traffic accidents, motor vehicle assume more responsibilities. Many motorists don't think that's fair. Legislative Affairs Office of the State Council relevant responsible person said, vehicle multi responsibility from the general principles of the civil law the relevant provisions.

Why the law spirit of motor vehicle liability for traffic accident?

    Although the accident responsibility and Liability Division is not equal, as long as there is evidence to break the traffic police accident responsibility identification results, the court can not the determination result to assign responsibility for compensation, but in the judicial practice, the court in dealing with the motor vehicle between the road traffic accident damage compensate dispute, generally will not easily break accident responsibility identification results. But between motor vehicle and non motor vehicle and pedestrian traffic accident, the court will usually based on accident responsibility, reduce the non motor vehicle or pedestrian's responsibility, and aggravated damages liability of motor vehicle party, embodied humanistic care justice, added to a vehicle side or to pay more attention to strict obligation. For both the accident bear equal responsibility, the court generally will be the liability of motor vehicle party increased to 70% or 80%, Dalian area for more than 80%, non motor vehicles or pedestrians shall only bear secondary liability.

With respect to the relative speed of transport vehicle is a non motor vehicles, pedestrians, the general principles of the civil law the 123rd regulation, the high speed transport operation causes damage to others shall bear civil liability, the motor vehicle to bear some liability."Road traffic safety law"The fault in the motor vehicle, pedestrian cases, the motor vehicle shall bear the liability for compensation according to the proportion, which focus on the protection of the legitimate rights and interests of victims in traffic accidents, but also embodies the principle of fairness, but also enhance the legal operation, also can unify the motor vehicle liability ratio across the country standard.

Two, lawyers say how to divide the proportion of compensation

    In the processing of vehicle traffic accident, especially the non party full responsibility for such cases, cross strong insurance for the liability provisions are only differentiated responsibility and without responsibility, do not distinguish between liability ratio. That is to say, no matter how the accident liability ratio, the amount of compensation is the responsibility of the party to the other shall deduct the full compensation of compulsory insurance, the remaining part according to the proportion of bearing.

    Traffic accident is the public security organs to deal with traffic accidents, the main evidence to make administrative decisions are based, although it can be used as evidence in civil proceedings, but because of the traffic accident and the civil litigation of infringement according to law, the imputation principle is different, at the same time, the traffic accident liability is not equivalent to the compensation civil legal responsibility, therefore, the traffic accident report cannot be the only basis for allocation of liability tort damage degree, fault of doer in tort, should be combined with the case, a comprehensive analysis of all the evidence, are identified according to the principle of imputation of civil litigation.

    "Road traffic safety law" stipulates that the sixty-seventh:Motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, appropriate to reduce the liability of motor vehicle party according to the degree of fault; the motor vehicle shall not at fault, assume liability of not more than ten percent.

    Therefore, motor vehicle and non motor vehicle traffic accidents, the following responsibilities division ratio:

1,One vehicle in the traffic accident responsibility, liability for compensation 100%;

2,One motor vehicle in traffic accident should bear the primary responsibility, non motor vehicle drivers, pedestrians a negative secondary responsibilityVehicle sideLiability for compensation 70%-90%;

    3,The motor vehicle shall bear equal responsibility in traffic accidents,A vehicle sideUndertake compensation responsibility 60%;

    4,One vehicle in the traffic accident negative secondary responsibility, non motor vehicle drivers, pedestrians shall bear the main responsibility, liability of motor vehicle party 50%-20%;

    5,Non motor vehicle drivers, pedestrians shall bear full responsibility,The motor vehicle shall have no fault liability, motor vehicle shall bear no more than 10%;

6,The losses of the traffic accident is a non motor vehicle drivers, pedestrians deliberately collision caused by motor vehicles, the motor vehicle shall not bear the liability of compensation.

The Ministry of public security vice minister Bai Jingfu said,"Road traffic safety law"In the maintenance of the principle of presumption of fault at the same time, the non motor vehicle drivers, pedestrians have fault case motor vehicle shall bear the liability for compensation ratio, which can not only focus on the protection of the legitimate rights and interests of victims of road traffic accidents, and can better reflect the principle of fairness, and further enhance the operability.