Welcome to telephone traffic accident legal issues: 15105210932

   Since July 1, 2006, China began to implement compulsory insurance system, cross strong insurance to statutory insurance and compulsory insurance, social security and social welfare nature, to effectively protect the victims of personal, property rights.Now the road all kinds of freight, passenger vehicle basically are paid under the premise of cross strong insurance will be granted to the road, just some light vehicle has no insurance on the road situation. Especially in rural areas, because the vehicle all people law consciousness and the insurance awareness is not high, economy and other reasons, many in the light vehicle did not buy insurance to pay strong under the condition of the road. If not buy insurance to pay strong riding motorcycle, motor vehicle traffic accidents occurred and how to deal with? The responsibility of the accident should bear?

    As we know, the road traffic accident belongs to the special tort disputes, should be the priority of special law applicable to treatment of road traffic safety, in accordance with the "road traffic safety law", driving motor vehicles on the road should be the insured motor vehicle compulsory insurance. The first order compensation of the main road traffic accident insurance company is strong motor vehicle insurance, insurance company compensation in the statutory limit, the shortage of the parties involved in the accident according to their fault proportional share responsibility. If the motor vehicle party traffic accident occur not buy insurance to pay strong, then the other party of the traffic accident is because the motor vehicle party failing to fulfill legal obligations, which is unable to obtain the insurance company in insurance liability within the scope of the compensation. This loss, can be identified as causing the vehicle by the parties, shall assume corresponding responsibility.

   The case of compensation claims commercial motor vehicle insurance and personal injury followed by the size of the fault liability principle to determine the final, but cross strong insurance differs greatly with the. According to the "cross strong insurance clause" eighth traffic accidents occurred, the insured motor vehicle use within the territory of China in the process, led the victim to suffer personal injury or property damage compensation liability, shall be borne by the insurer's damage in accordance with the law, the insurer shall cross strong insurance contract for each accident compensation in the following compensation limit:

    (1). Have been recognized as a liability, death and disability compensation limit for 110000 yuan; no responsibility, death and disability compensation limit for 11000 yuan (including funeral expenses, death compensation, relatives of the victims for the funeral expenses of the transportation costs, disability compensation, disability AIDS fees, nursing fees, with recovery fee, transportation fees, was dependent for living expenses, accommodation costs, delay costs, mental injury solatium)

   (2). have been recognized as a liability, amount of compensation for medical expenses for 10000 yuan; no responsibility, medical treatment charge compensation limit for 1000 yuan (including the medical fee, fee, hospitalization fee, hospital food subsidies, necessary, reasonable follow-up treatment costs, plastic surgery, nutritional costs)

   (3). Have been recognized as a liability, limited compensation for property losses of 2000 yuan, no liability for property loss limit is 100 yuan.

   We note, cross strong insurance compensation principle is the more prominent:

   1 compensation does not correspond with the degree of fault amount, comparison between immobilized;

   2 in accordance with no responsibilities delineated two compensation scheme, the difference is obvious;

   3 even in the absence of responsibility, also has the liability to pay compensation.

   That is to say, not to buy insurance to pay strong driving motorcycle accidents, such as have been recognized as a liability, first according to the compulsory insurance liability limit of indemnity for full compensation (110000, 10000, 2000), then the remaining compensation liability ratio determined according to the size of such as were identified as non responsibility;, you need to cross strong insurance without liability limits for compensation (11000, 1000, 100).

   The following two examples, in order to more clearly shows the compensation of their respective responsibilities and no responsibility in the case of motorcycle.

The responsibility for compensation [case]

July 27th morning, Wu Zhen Jun Tian Cun of Meixian Messi driving without license two wheel motorcycle, the way and the relative direction of the two wheeled motorcycle driving more than a fierce collision, resulting in more than one wounded to death. The traffic police department in the road traffic accident issued that Wu, Yu Mou negative accident responsibility confirmation in the same. Find out the other, the vehicle is not in accordance with the provisions of the insured motor vehicle third party liability compulsory insurance. The traffic accidents caused by the dead Yu medical expenses, death compensation, was dependent for living expenses and other losses totaling more than 16 yuan. In September 12th, the injured party Yumou parents, wife and children and other family members of 6 person damage compensate dispute will be the owner of the car Wu Meixian court judgment.

In the trial, the plaintiff claims, the defendant Wu should bear the cross strong insurance coverage for liability, we should pay the plaintiff 110000 yuan of death compensation, medical expenses 3977 yuan economic loss, the remaining part of more than 5.2 yuan, the defendant wumou responsibility for 50%, that is 2.6 yuan, accordingly, the defendant Wu one should compensate the plaintiff economic losses amounting to 14 yuan. The defendant argued that the plaintiff Wu Mouze, caused the loss should be directly on the responsibility of the accident half bear, should not be the first compensation in insurance within the scope of. The specific amount of compensation under dispute, it is difficult to negotiate.

Meixian court of the on road traffic accident the traffic police department issued the certificate to be admissible, in accordance with the road traffic safety law the seventy-sixth regulation, combined with the case, that the defendant wumou fails to participate in the third traffic accidents liability compulsory insurance of motor vehicle and therefore cause damage, not simply proportional liability accident loss sharing, the minimum insurance liability limit shall first by the owner of the car Wu according to the vehicles shall be covered to give compensation, more than some of the limits of liability, the parties according to the accident responsibility sharing ratio. Accordingly, the court decision owner Wu should unconditionally undertake compulsory insurance compensation limit of 11 yuan, exceeding the limit of indemnity of 5.2 yuan, the original, the defendant both sides share half, i.e. the defendant Wu should compensate the plaintiff loss total costs more than 14 yuan.

No fault compensation [case]

   Last June, Mr. Gong driving a motorcycle with Mr. Zheng driving motorcycle collided head-on, identified by the Guang'an city traffic police two brigade, Mr. Zheng for drive is not in accordance with the regulations, take full responsibility, Mr. Gong without responsibility. But after a while, Mr. Gong was Mr. Zheng to court, claim compensation for the loss of traffic accidents.

Originally, in the traffic accident, Mr. Zheng was hospitalized for 16 days, take the medical fee of 13800 yuan, which was identified as ten disabled, 7100 yuan compensation, disability identification, loss of working time, nursing costs 2400 yuan, car loss 400 yuan, according to the owners of non compulsory insurance liability to pay the prescribed, Mr. Zheng should obtain the insurance company has no liability limits the scope of medical compensation 1000 yuan, 9500 yuan, car damage compensation for disability compensation 100 yuan. But Mr. Gong in order to save money, in the purchase of the motorcycle did not buy insurance to pay strong, leading to Mr. Zheng cannot obtain the insurance companies should give compensation. Mr. Zheng was sued to the court, asked Mr. Gong compensation for the loss.

   The court held that, although Mr. Zheng full responsibility in the traffic accident, but because Mr. Gong not statutory obligations, resulting in Mr. Zheng cannot obtain the insurance company in insurance liability limits the scope of compensation, the loss is caused by Mr. Gong, pretending to be a judge ordered Gong Xian to take the full responsibility of Mr. Zheng compensation for economic loss of 10600 yuan.

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