Author /Source:Tan Dayi lawyer Release time:In 2011 04 months 07 days

*QQ Consulting: 1053253649* Or consult the lawyer Tan Dayi related topics: Traffic accident responsibility confirmation;

 

Art of French -2010 Yancheng City intermediate people's court trial opinions on current business issues of compensation for the case of personal injury compensation for damage in traffic accident (for Trial Implementation)

1, the imputation principle.

"Road traffic safety law" seventy-sixth paragraph about the "motor vehicle traffic accidents caused casualties, property loss, provided by insurance companies in motor vehicle compulsory third party liability insurance liability limits the scope of compensation" is the embodiment of the principle of no fault liability, namely, the traffic accident is fault, the insurance company should be compensation. Over insurance liability limit, the first paragraph of article seventy-sixth of the traffic accident liability provisions embodies two principles of imputation:

(1) for traffic accidents between motor vehicles, using the principle of fault liability to liability, which is in accordance with their respective proportion of fault responsibility.

(2) motor vehicle and non motor vehicle traffic accidents, pedestrians, use the principle of no fault liability should be liability for negligence, at the same time. (on the principle of the motor vehicle shall bear the responsibility. At the same time, there are two exceptions: one is there is evidence of non motor vehicles in violation of traffic safety laws and regulations, the vehicle has to take the necessary measures, reduce motor vehicle liability. The two is a non motor vehicle with intent to cause damage, the motor vehicle shall not bear liability.)

2, the motor vehicle third party liability insurance limit: in view of "traffic accident handling procedures" forty-fifth police authority is the traffic accident liability according to the fault liability, and the identification is identified with the nature of administrative responsibility, according to the first paragraph of article seventy-sixth in about determination of traffic accident parties to civil liability, for more than insurance liability limits, should distinguish the two kinds of circumstances:

(1) for traffic accidents between motor vehicles, and can be directly according to the traffic accident responsibility to determine the civil liability of both parties: all 100% main responsibility; responsibility ± 70%; equal responsibility ± 50%; secondary responsibility ± 30%; no responsibility 0%. Is the traffic accident, the parties have no responsibility, depending on the circumstances to determine their respective civil liabilities.

(2) for a motor vehicle and non motor vehicle drivers, pedestrians and between distinguishing following treatment of traffic accident:

A, the motor vehicle shall be identified all responsibility: 100%

Non motor vehicle drivers, pedestrians party without fault, all motor vehicle shall bear the responsibility of accident loss.

B, the motor vehicle shall be identified primarily responsible for: 70%

The traffic accident is mainly caused by the side of motor vehicles, non motor vehicle drivers, pedestrians are at fault, the motor vehicle shall bear the responsibility of not less than 70%.

C, the motor vehicle shall be identified bear coequal responsibility: 70% -- >60%

One motor vehicle and non motor vehicle drivers, pedestrians in traffic accidents, the two parties fault roughly equivalent, the motor vehicle shall bear the losses of more than 60%, up to 70%.

D, the motor vehicle shall be identified negative secondary responsibility: 40% -- >30%

The traffic accident is mainly because of non motor vehicle drivers, pedestrians in violation of road traffic safety laws, regulations and cause, the motor vehicle shall have a fault, motor vehicle liability shall not be less than 30% of accident loss, but not exceeding the accident loss 40%.

E, the motor vehicle shall be identified without responsibility: 20% - 10%

The motor vehicle shall have no fault, the traffic accident is entirely because of non motor vehicle drivers, pedestrians violating traffic safety laws and regulations which, according to the first paragraph of article seventy-sixth of the "second provisions to reduce motor vehicle party responsibility", the motor vehicle shall bear the compensation liability of 10 -- 20%.

F, belonging to the field of traffic accident, the parties have no responsibility, depending on the circumstances to determine their respective civil liabilities.

G, the people's Court of traffic accident cases, in determining the responsibilities of the parties, after mutual offset compensation amount, the motor vehicle shall require non motor vehicle drivers, pedestrians, compensation for their losses, not support.

Art of French -2010 Nanjing City Intermediate People's Court on the guidance of traffic accident damage compensation issues related to the case

34, to compensate a part of more than motor vehicle third party liability insurance limits, by traffic accident parties according to "road traffic safety law" the first paragraph of article seventy-sixth, "road traffic safety regulations," the provisions of article fifty-second, shall bear the liability for compensation in accordance with the following methods:

(a) for traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility. In addition to cross examination that cannot be used as evidence to use outside the case, generally to determine the liability for traffic accident parties according to the traffic accident liability of traffic control department of the public security organ, and bear the reference to the following proportion:

(1) negative total liability, liability for compensation 100%;

(2) primary responsibility, liability for compensation 70%;

(3) bear equal responsibility, liability for compensation 50%;

(4) negative secondary responsibility, liability for compensation 30%;

(5) no responsibility, not to undertake the compensation responsibility;

(6) belonging to the traffic accident, the parties have no responsibility, should be based on the "general rules of the civil law" and "Regulations of judicial interpretation of personal injury compensation", depending on the circumstances of determining liability of both sides;

(7) cannot identify accident responsibility belongs to the liability of compensation, the two sides bear 50%.

(two) for traffic accidents between motor vehicles and non motor vehicles, pedestrians, by the motor vehicle party shall bear the responsibility for compensation; however, there is evidence of non motor vehicle drivers, pedestrians in violation of road traffic safety laws and regulations, motor vehicle drivers have to take the necessary measures shall be disposed of, the liability for compensation in accordance with the following scale loss of motor vehicles:

(1) the non motor vehicle, pedestrian negative full responsibility for the accident, loss of 80% to 90%;

(2) the non motor vehicle, pedestrian negative main responsibility for the accident, loss of 60% to 70%;

(3) non motor vehicles, pedestrians equal responsibility for the negative incidents, reduce 30% to 40%

(4) the non motor vehicle, pedestrian accidents negative secondary liability, loss of 20% to 30%.

The traffic accident, the parties to have no responsibility or cannot be found responsible for the accident, the vehicle by the party to assume full liability.

The French opinion Arts -2009 Jiujiang intermediate people's Court on Several Issues concerning the trial of cases of road traffic accident compensation for personal injury (for Trial Implementation)

The first motor vehicle traffic accidents caused casualties, property loss, the insurance company insured by vehicle in motor vehicle traffic accident liability compulsory insurance liability limits the scope of compensation; the vehicle did not participate in the compulsory motor vehicle traffic accident liability insurance of motor vehicles, the equivalent to the corresponding compulsory insurance liability limits the scope of compensation. In excess of the limit of liability, traffic accidents between vehicles, the proportion of share according to their respective fault liability for damages; motor vehicle and non motor vehicle, pedestrian traffic accident, the motor vehicle shall bear the responsibility, but there is evidence to prove that the non motor vehicle drivers, pedestrians have fault, shall make compensations in accordance with the following the provision of appropriate to reduce motor vehicle party:

(a) non motor vehicle drivers, pedestrians negative secondary responsibility, liability of motor vehicle shall bear 70% to 80%;

(two) non motor vehicle drivers, pedestrians bear equal responsibility, liability of motor vehicle party 60%;

(three) non motor vehicle drivers, pedestrians bear the main responsibility, liability of motor vehicle shall bear 30% to 40%;

(four) non motor vehicle drivers, pedestrians bear full responsibility, the traffic accident happened in the prohibition of non motor vehicles and pedestrians pass highway, city road, the motor vehicle shall bear the liability for compensation shall not exceed 5%; the other on the road traffic accident, liability of motor vehicle shall bear no more than 10%.

Second traffic management departments of public security organs for the road traffic accident can not make traffic accident responsibility identification conclusion because of objective reasons, the people's court cannot identify accident responsibility, in motor vehicle traffic accident liability compulsory insurance scope, in accordance with the following rules assume liability to parties: between motor vehicles and non motor vehicle accidents between the presumption, the bear coequal responsibility; between the motor vehicle and non motor vehicle, pedestrian accidents, mainly responsible for motor vehicle between presumption; non motor vehicle and pedestrian accidents, by the non motor vehicle shall bear the main responsibility, pedestrians bear secondary liability.

Directive opinion Art French -2009 Hefei City Intermediate People's Court on the law applicable to a number of road traffic accident damage compensation cases

That twenty-eighth of a public security organ is not tort liability in road traffic accident responsibility and the people's Court of the same concept, can not simply equal.

Motor vehicle and non motor vehicle traffic accidents, pedestrians between losses beyond the compulsory traffic accident liability insurance liability limits, the motor vehicle shall be the responsibility of the accident, shall bear the liability for compensation by a vehicle side in accordance with the following provisions:

(a) one vehicle in the traffic accident responsibility, liability for compensation 100%;

(two) a vehicle side in the traffic accident responsibility, liability for compensation 80%;

(three) the motor vehicle shall bear equal responsibility in the traffic accident, liability for compensation 60%;

(four) a vehicle side in the traffic accident negative secondary responsibility, liability for compensation 40%.

And the non motor vehicle twenty-ninth motor vehicle traffic accidents, pedestrians between losses beyond the compulsory traffic accident liability insurance liability limits, there is evidence that traffic accidents are caused by non motor vehicle drivers, pedestrians in violation of road traffic safety laws, regulations and cause, motor vehicle drivers without accidents, shall bear the liability for compensation in accordance with the following provisions:

(a) the traffic accident on the expressway, highway and other closed on the road, a party shall bear the liability of motor vehicle 5%;

(two) the traffic accident happened in the other way, shall bear the liability of motor vehicle 10%.

The damage caused by the thirtieth road traffic accident, the parties to the cognizance of traffic accident responsibility, define the liability according to the following situation:

(a) between the motor vehicle or a non motor vehicle road traffic accidents occurred between, equal liability shall be borne by the parties in general, one in the risk control, risk bearing capacity is obviously in the ascendancy, also can bear the main responsibility for compensation;

(two) motor vehicle and non motor vehicle road traffic accident, between pedestrians, motor vehicle liability by the party;

(three) the road traffic accident occurs between non motor vehicles and pedestrians, non motor vehicle party by bear the main responsibility for compensation.

The vehicles according to the compulsory traffic accident liability insurance for motor vehicles, by the party in the compulsory motor vehicle traffic accident liability insurance liability assumed the provisions of the preceding paragraph.

The people's Court of Yixing City Arts on French -2008 issues on hearing cases of compensation for traffic accident damage

14, more than two motor vehicle or a non motor vehicle joint tort cause person damage compensation, mental damages to comfort, in addition to being investigated for criminal responsibility of infringement of other foreign, not to be investigated for criminal liability of tort party shall remain their compensation shall bear share.

15, one motor vehicle and non motor vehicle, pedestrian there was responsible for the traffic accident, offsetting the amount of compensation, the motor vehicle shall ask the driver of a non motor vehicle, pedestrian damages, not to support.

Directive opinion Art French -2008 Shenzhen City Intermediate People's Court on the trial of cases of disputes over the road traffic accident damage compensate

According to the provisions of laws and regulations to determine the twenty-three, motor vehicle. In addition to the statutory vehicle, are non motor vehicle.

The minutes of the meetings of the legal compensation for a court art seminar French -2007 Beijing high people's Court of road traffic accident damages

4, on the motor vehicle party in the accident without liability compensation processing principle.

The participants agreed that: in the motor vehicle shall not the responsibility of the case, in the insurance company for the loss of one party shall bear the liability for compensation, in excess of the limit, as the case is between and non motor vehicles, pedestrian traffic accident between motor vehicles or motor vehicle traffic accident and. If the motor vehicle traffic accident, we should apply the principle of fault liability, motor vehicle not the responsibility of the party no longer bear the responsibility for compensation. If between motor vehicle and non motor vehicle, pedestrian traffic accident, the motor vehicle party must still be considered accident, liability for compensation of non motor vehicle, pedestrian loss 5%-20%.

Some suggestions about the trial of the case of compensation for traffic accident damage the art of French -2007 Wuhan City Intermediate People's court

Eight, the trial of the case of compensation for traffic accident damage, the difference between the following circumstances applicable imputation principle of fault liability: between motor vehicles, non motor vehicles between fault liability between motor vehicles and pedestrians, non fault liability, motor vehicle on the pedestrian, non motor vehicles shall the liability without fault.

Motor vehicles and pedestrians, non motor vehicle traffic accidents, pedestrians, non motor vehicle driver is at fault, the fault, liability may be reduced accordingly vehicle.

Nine, motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation. Did not participate in the compulsory motor vehicle third party liability insurance, the vehicle by the party according to the car insurance liability insurance shall limit the minimum compensation. In excess of the limit of liability, traffic accidents between vehicles, the proportion of share according to their respective fault liability for damages; motor vehicle and non motor vehicle, pedestrian traffic accident, the motor vehicle shall bear the responsibility, but there is evidence to prove that the non motor vehicle drivers, pedestrians in violation of road traffic safety laws and regulations, motor vehicle drivers have to take the necessary measures, in accordance with the following provisions shall be liable for loss of motor vehicle party:

(a) the non motor vehicle, pedestrian negative full responsibility for the accident, loss of eighty percent to ninety percent;

(two) the non motor vehicle, pedestrian negative main responsibility for the accident, loss of sixty percent to seventy percent;

(three) non motor vehicles, pedestrians equal responsibility for the negative incidents, reduce thirty percent to forty percent;

(four) the non motor vehicle, pedestrian accidents negative secondary liability, loss of twenty percent to thirty percent.

Ten, motor vehicle road traffic accident caused personal injury, property damage, the parties report the conditions, protect the scene but not reported, protect the scene, resulting in the basic facts of the accident can not be identified, by insurance companies in motor vehicle compulsory third party liability insurance within the scope of the first compensation, beyond the limits of liability, shall bear the liability for compensation in accordance with the following standard:

(a) the traffic accidents between motor vehicles, a party to the above-mentioned acts, bear full responsibility; two or two party or parties to the action, the average share responsibility;

(two) motor vehicle and non motor vehicle, pedestrian traffic accident, the motor vehicle shall have the behavior, and there is no evidence to prove that the non motor vehicle, pedestrian violations of traffic safety and motor vehicle drivers to take the necessary measures, the motor vehicle shall bear the compensation liability.

(three) the non motor vehicle and non motor vehicles, non motor vehicle and pedestrian traffic accidents, one of the parties report the conditions, protect the scene but not reported, protect the scene, resulting in the basic facts of the accident can not be identified, the liability; two party or two party or parties to the action, the average share of liability.

Guidance on the higher people's Court Art French -2006 Guizhou Province Public Security Bureau of Guizhou province about some problems of traffic accident cases

28, the traffic accident report made no cognizance of traffic accident responsibility, or the evidence is difficult to cognizance of traffic accident responsibility or the fault of the parties, the people's court may determine the civil liability of the parties according to the following rules:

(1) between motor vehicles and non motor vehicle traffic accident occurs between the parties, shall bear the same liability accident;

(2) motor vehicle and non motor vehicle drivers, pedestrians, traffic accidents, the vehicle by the party to bear all the civil responsibility.

(3) the traffic accident happened between non motor vehicles and pedestrians, non motor vehicle shall bear the civil liability of not less than 60%.

29, motor vehicle and non motor vehicle drivers, pedestrians, traffic accidents, according to "road traffic safety law" article seventy-sixth (two) of the Convention, the loss beyond the compulsory insurance liability limit part, assume liability to pay compensation by a vehicle side in accordance with the following provisions:

(1) a vehicle side in the traffic accident responsibility, liability for compensation 100%;

(2) a vehicle side in the traffic accident responsibility, bear the liability of not less than 80%;

(3) the motor vehicle shall bear equal responsibility in the traffic accident, undertake the liability of not less than 60%;

(4) a vehicle side in the traffic accident negative secondary responsibility, bear the liability of not less than 40%.

(5) the motor vehicle shall have no liability, there is evidence of non motor vehicle drivers, pedestrians in violation of road traffic safety laws and regulations, motor vehicle drivers have to take the necessary measures, bear the liability of not less than 20%. But the non motor vehicle drivers, pedestrians are prohibited from traffic accident all closed road non motor vehicles and pedestrians in the high grade highway, highway, and take full responsibility for the accident, the motor vehicle shall bear the liability for compensation of not less than 10%.

Guidance on the higher people's Court of Chongqing City Arts French -2006 on the trial of the law applicable to a number of road traffic accident damage compensation cases

Twenty-second as a result of damage to people caused by road traffic accident, the parties to the cognizance of traffic accident responsibility, in accordance with the following situations:

(a) between motor vehicles or non motor vehicle road traffic accidents occurred between the parties, shall bear the same liability;

(two) motor vehicle and non motor vehicle road traffic accident, between pedestrians, motor vehicle liability by the party;

(three) the road traffic accident occurs between non motor vehicles and pedestrians, non motor vehicle party by bear the main responsibility for compensation, pedestrians bear secondary liability.

The vehicles according to the compulsory traffic accident liability insurance for motor vehicles, by the party in the compulsory motor vehicle traffic accident liability insurance liability assumed the provisions of the preceding paragraph.

Idea Art French -2006 Ganzhou City Intermediate People's Court on the trial of cases of road traffic accident compensation for personal injury

20, motor vehicles, non motor vehicles, pedestrians and in the stationary state of motor vehicle traffic accident of motor vehicle, in the static state party has no fault, no liability.

22, non motor vehicle, pedestrian injury caused by vehicle, the vehicle by the party responsible. But there is evidence that non motor vehicle drivers, pedestrians in violation of road traffic safety laws and regulations, motor vehicle drivers have to take the necessary measures, reduce the responsibility of motor vehicle.

In the circumstances, the loss of more than compulsory liability insurance amount, at the following rates reduced. The liability for compensation train party:

(1) the non motor vehicle. Pedestrians negative full responsibility for the accident, loss of 80% to 9O%;

(2) the non motor vehicle, pedestrian negative main responsibility for the accident, reduce the 6O% to 70%;

(3) non motor vehicles, pedestrians equal responsibility for the negative incidents, reduce 3O% to 4O%;

(4) the non motor vehicle, pedestrian accidents negative secondary responsibility. Reducing 2O% to 30%.

23, non motor vehicles and pedestrians, non motor vehicles on the road between occurrence of accidents; in accordance with the relevant provisions of the civil law to determine the extent of liability, in accordance with their respective faults.

25, the occurrence of traffic accidents, the parties report the conditions, protect the scene but not reported, protect the scene; so, the basic facts of the accident can not be identified: according to different circumstances to determine liability:

(1) the traffic accident between motor vehicles, a party to the above-mentioned acts, bear full responsibility; when have the behavior, the average share responsibility:

(2) motor vehicle and non motor vehicle, pedestrian traffic accident, the motor vehicle shall have the above-mentioned acts, by the motor vehicle one one party liability; both the behavior, the vehicle by the party to bear the main responsibility.

26, the traffic police department because of objective reasons can not make a conclusion that the responsibility of traffic accident, the people's court cannot identify accident responsibility, for accidents between motor vehicles, the presumption of the bear coequal responsibility; between the motor vehicle and non motor vehicle, pedestrian accidents, take full responsibility of motor vehicle.

27, the losses of the traffic accident is caused intentionally by the non motor vehicle drivers, pedestrians, the motor vehicle shall not bear the liability of compensation.