The relevant provisions of the law

"Road traffic safety law"Eleventh driving a motor vehicle on road shall be suspended, motor vehicle number plate, place the conformity inspection mark, the insurance mark, and bring the vehicle license with the vehicle.

Motor vehicle ninety-fifth on road non motor vehicle plate, without a label of inspection, insurance mark, or not carried with the vehicle driving license, driving license, the traffic control department of the public security organ shall detain the vehicle, notify the party concerned to provide the corresponding certificate, sign or go through the corresponding formalities, and can be in accordance with the provisions of law ninetieth be punished. The parties concerned to provide the corresponding certificate, marks or makes up corresponding formalities, motor vehicle shall be returned in time.

Ninety-eighth vehicle owners, managers are not in accordance with the provisions of national compulsory insurance of motor vehicle third party liability insurance, the traffic control department of the public security organ detain the vehicle to in accordance with the provisions of insurance, insurance shall be in accordance with the provisions of two times the minimum liability limit shall pay the premium penalty.

Seventy-sixth 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. More than some of the limits of liability, shall bear the liability for compensation in accordance with the following methods:

    (a) the traffic accidents between motor vehicles, the faulty party shall bear the liability; if both parties are at fault, in accordance with their respective proportion of fault responsibility.

    (two) motor vehicle and non motor vehicle traffic accidents, between the pedestrian, the motor vehicle shall bear the liabilities; 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 to reduce the disposal, motor vehicle liability side.

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

  "Motor vehicle traffic accident liability compulsory insurance Ordinance"The owner or manager of motor vehicle second on the road within the territory of the people's Republic of China on, should be in accordance with the "Regulations of the people's Republic of China Road Traffic Safety Law" of the insured motor vehicle traffic accident liability compulsory insurance.

"The people's Republic of China tort tort law" forty-ninth article: "by motor vehicle leasing, borrowing situation all people and use are not the same person, after a traffic accident belongs to the motor vehicle party responsibility, the insurance company shall make compensation in motor vehicle compulsory insurance liability limit. Part of the problem, by the user of the motor vehicle shall bear the responsibility for compensation; the owner of the vehicle is at fault for the damage, assume corresponding responsibility for compensation". The specific vehicle use, traffic accident case after the lease liability for compensation, the insurance company in the "pay strong risk" limit for compensation in advance, and then by the use of compensation, the lessee, the lender does not bear the liability without fault. Because the insurance companies involved in compensation, the victim can usually obtain more timely compensation. But the implementation of the law is based on all vehicles are insured "pay strong risk" situation, it is too ideal, there are a large number of motor vehicle without insurance "insurance" in reality, after a traffic accident, how to better protect the interests of the victims, the victims and vital, effective compensation. The author believes that, in this case, that no insurance "insurance" for all have fault, let the "pay strong risk" bear the liability limits is more conducive to the protection of victims of interest.

Legal advice: I drive two motorcycles to the corner, a car behind the two wheel motorcycle right to overtake and I collided, her right leg ligament injuries, broken ribs, our motorcycle have no insurance. I heard the new traffic law no insurance, no need to pay 10000 to have a party, would like to consult?

Considering the law net Li Shuai lawyers answer: because the motor vehicle shall pay compulsory insurance, so, in the absence of pay compulsory insurance, have the responsibility of the party, in the range of compulsory insurance, is the $110000 range, bear in full, exceed the amount of sharing in the degree, according to the fault

　The relevant legal knowledge:

One, at present our country motor vehicle uninsured "analysis of insurance"

China's "compulsory motor vehicle traffic accident insurance regulations" since July 1, 2006 since the implementation, the vast majority of motor vehicles are insured in the insurance, but there is still some vehicle without insurance "insurance" in reality, mainly in the following categories:

(a) all kinds of agricultural vehicles, such vehicles are in the rural road, rarely enter the city, the owner of the vehicle concept of law is not strong, weak awareness of insurance, and this kind of vehicle premiums low, relatively high rate of accidents, the insurance company is mostly an excuse to keep insurance, the agricultural vehicle insurance rate has been low.

(two) the motorcycle, especially in rural areas, mostly non brand motorcycle, all the people do not participate in the annual examination phenomenon, in addition to the public security organ crackdown is not enough, the underdeveloped rural area motorcycle insurance rate is not high.

(three) no number plate of vehicles and scrap, assembling the car, the so-called "black car", a large number of such vehicles exist in rural area and mining area, because of not going into the households, such vehicle insurance rate is almost zero.

(four) more than the insurance period not timely renewal vehicles, such vehicles accounted for a very small proportion of all motor vehicles, mostly due to negligence.

(five) deliberately not under "other vehicle compulsory insurance".

Two, the tort liability law legal compensation than before the reduction of traffic accidents liability applicable, is not conducive to protect the interests of the victims

Tort liability law with a chapter six laws of traffic accident of motor vehicle after the compensation liability of the provisions, more detailed and specific. But the tort liability law changed a lot of application in judicial practice such as the owner of the vehicle and shall bear joint and several liability, the liability provisions, the owner of the motor vehicle bear fault liability in general and the responsibility, only in the transfer assembly or scrapped motor vehicles has reached only by the transferor and the transferee shall bear joint and several liability. Although the law provides the vehicle owner is at fault, assume corresponding responsibility, but the law is too general, does not provide fault range, in the current judicial practice, mostly according to other laws (those who use without a driving license, the vehicle can be suitable for driving) rules to identify the owner of the vehicle has no fault. For the victim, because the law reduces the joint and several liability applicable scope, the relative gain compensation probability will be reduced, the judicial practice often occur in all motor vehicles with compensation ability without compensation and the use of motor vehicles no compensation ability is to compensate for bad situation to the victim.

On the tort liability law is mainly to solve the "pay strong risk" compensation limit beyond law, it is based on all vehicles insurance "insurance" the ideal condition, the motor vehicle without insurance "insurance" after the accident occurred in the "pay strong risk" limits how compensation is not any rules, some local laws and regulations the vehicles in this case if the responsibility, the motor vehicle shall still need to "pay strong risk" limit compensation for the loss of the victim (such as Anhui), but not explicitly the user of the motor vehicle or all to take responsibility. The uninsured "motor vehicle range analysis of insurance", it is not difficult to see that the class of all motor vehicles and people compensation ability is limited, once has the traffic accident, the victim is difficult to obtain compensation, so the vehicle all people have no fault, is very important to protect the rights of the victim.

Three, "pay strong risk" is the state of all motor vehicles must be insurance, which is compulsory, motor vehicle without insurance "insurance" is illegal, should bear the corresponding legal responsibility.

The so-called "motor vehicle compulsory insurance", refers to the insurance company to produce road transportation accident caused by vehicle, be casualties, property loss insurance victims except the people, be compulsory liability insurance compensation within the limit of liability, the legislative purpose is to better protect the rights and interests of the victim, timely, effective to get compensation in traffic accident damage, only in the legal provisions of deductible insurance company case does not assume liability to pay compensation, the commercial insurance, public welfare, the other countries to "pay strong risk" business overall breakeven policy, can show the characteristics of public welfare.

"The people's Republic of China Road Traffic Safety Law" article ninety-fifth, "motor vehicle traffic accident liability compulsory insurance regulations" article thirty-ninth stipulates, for not posting signs of motor vehicles insurance suspension, public security departments to detain, until the present document can be released, and the vehicle insurance "insurance" is the only legitimate sources of the insurance mark the insured, namely "cross strong insurance" is the essential elements of a vehicle on the road, in other words, for all motor vehicles, insurance "insurance" is the vehicle on the road basic obligations must be fulfilled before driving. Uninsured "pay strong risk", the provisions of laws and regulations is not allowed on the road, will still vehicle rental or lending has fault, obviously, in this case, after a traffic accident, that all motor vehicles has fault, let all motor vehicles in the "pay strong risk" compensation limits not only conducive to the protection of victims' rights to take the responsibility to compensate the victim, also in line with the "legislative purpose cross strong insurance" focus on the protection of the rights of victims. If the owner of the vehicle and other fault, but also bear the relevant responsibility, for the victim, the rights and interests protection will greatly increase the probability of.

Bama recently, Bama Yao Autonomous County of the courtMotor VehicleThe traffic accident liability disputes were convicted, although the car of a in the accident without responsibility, but still need to compensate the 48781 yuan.

The evening of April 11, 2011, Lee driving a motorcycle mounted by Zhao et al, Bama County Jia Zhuan Xiang running along the S208 line to the direction of the county, and on his way to the collision to the driving reason Wang driving GUI MC × No. 46 cars passing by, Zhao was injured after rescue invalid death. Afterwards, the traffic police found Lee take full responsibility for the accident. GUI MC × No. 46 car owner is Ren Mou, Wang Mou borrows a vehicle, the vehicle did not participate in the compulsory motor vehicle third party liability insurance. Wang and others paid before the lawsuit 68000 yuan to the Zhao family. The Zhao family no fruit before the lawsuit and the defendant consultation for matters concerned, namely, to the court.

The court held that, according to "the people's Republic of China traffic safety law" provisions of article seventy-sixth, 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, the insufficient part by the infringer according to the fault responsibility.Compulsory insuranceMandatory decided to buy compulsory insurance is a legal obligation of all motor vehicles, motor vehicle traffic accidents caused casualties, property losses caused by traffic accident, the vehicle has to participate in the compulsory motor vehicle traffic accident liability insurance, the insurance companies in motor vehicle traffic accident liability compulsory insurance liability limits compensation. Did not participate in the vehicle compulsory insurance of motor vehicle, causing the victim lost to the insurance company in accordance with "the people's Republic of China traffic safety law" seventy-sixth stipulation to the insurance company to claim the right to compensation, this result is due to the vehicle owner violates the provisions of the law shall for the vehicle insurance compulsory insurance obligations, so shall all the car according to the equivalent of motor vehicle traffic accident liability compulsory insurance liability within the maximum limits of compensation. The plaintiffs in the case because its death there are 48781 yuan did not receive compensation, all of them as a GUI MC × No. 46 car, not for the car insurance compulsory insurance, compulsory insurance should be in the limits of the maximum of 122000 yuan in the first assume the liability of compensation, then made the decision. Tan Jiangping.

Case synopsis] [ 2010 year in August 7th, Cai Mou driving free borrow Wang car road traffic accident, will be the victim of a hit the fan. The accident by the traffic police department, identified the driver Cai Mou negative accident responsibility, a fan is not negative accident responsibility. At the time of the accident, the vehicle without insurance compulsory insurance, owner Wang lending vehicles also did not inform the CAI Mou vehicle uninsured. Cai Mou holds a valid driving license. The victim a fan injuries constitute four level disability, medical and other losses totaling 176000 yuan.

[] the contention on the case to assume liability to pay compensation, there are three different views: the first view, the vehicles to borrow Cai Mou assume full liability, owner Wang Mou of the accident occurrence of no fault, no liability; the second view, although the accident caused by vehicles to borrow a CAI, but the owner Wang for failing to give the vehicle insurance compulsory insurance has fault, the response to the increased liability risk part human, namely in the compulsory insurance liability limit range and vehicles to borrow a CAI bear joint responsibility for compensation; the third view, the vehicles to borrow Cai Mou assume full liability, but the owners should not assume joint responsibility for compensation, and should bear the responsibility of compensation in the compensation scope of compulsory insurance.

[author] I think the view third opinions correctly, for the following reasons:

First, Wang should bear the responsibility. According to the "Regulations of the people's Republic of China Road Traffic Safety Law" article ninety-eighth, the State Council "motor vehicle traffic accident liability compulsory insurance regulations" article thirty-ninth, all motor vehicles, management should be obliged to buy insurance to pay strong, otherwise, will face severe administrative punishment. That is to say, the compulsory insurance is a legal obligation of the vehicle owner or management. In this case, Wang as the vehicle owner, in the car without insurance case will lend a CAI, contrary to the laws, and the behavior for the victim of traffic accident third party rights and compensation and the vehicle use because of the liability for traffic accident bear will have an impact, this it is enough to prove the existence of subjective fault, it shall bear the corresponding civil compensation.

Second, Wang does not bear joint and several liability. Theoretically speaking, the joint and several liability is a kind of strict liability in tort, the defendant shall bear joint and several liability must be based on civil law. While no specific provisions on the use vehicle accident when the lender liability in China's current law, but our country for tort joint civil liability provisions, apply to the joint tort and common dangerous act. In this case, the lending vehicle accident, the actual violations of people is very clear, no two people implement the joint dangerous act and the actual infringer unable to determine possible; two people also have no common intention or negligence, obviously does not belong to the common tort. So owners Wang does not bear joint and several liability.

Third, Wang should bear the added responsibility. In this case, the person directly responsible CAI as a traffic accident shall take full responsibility, but because the owner Wang had not strong risk of the insured to pay, so that the motor vehicle third party liability insurance system play not the role of risk diversification, damage to the accident victim a fan from the third party liability insurance obtain timely treatment and the right to compensation, but when Cai inadequate compensation or no compensation ability, in order to balance the interests of all parties and protect the interests of victim, Wang should bear the supplementary liability in insurance scope, makes a fan's rights and interests can maintain.

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