The need to pay attention

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  • / Author: Aaron Lewis
A, all motor vehicles and the driver of the separation of compensation responsibility

       In real life, there are a lot of all motor vehicles and vehicle separation situation, so when a traffic accident occurs, who on earth is to bear civil liability?  
     Case 1: the employment relationship
       The owner and driver system of employment relationship, because there is a clear legal provisions according to the "civil litigation opinion" forty-fifth and "the Supreme Court on personal injury compensation case applicable legal interpretation" of article ninth "employees engaged in employment activities cause damage, the employer shall bear the compensation responsibility" provisions, directly determine the employer for the defendant actually, and bear the liability.
     Case two: the relationship between husband and wife
       If the relationship between husband and wife, the subject of liability to pay compensation or defined, "the Supreme Court on the application of the people's Republic of China marriage law explain two" twenty-fourth, twenty-fifth, twenty-sixth are provided: one of the couple in the marital relationship continues to exist in debt, the other party shall bear joint and several liability principle.
Example three: identity card loan purchase a car
       In real life, often because of the actual vehicle owner's domicile is not in the vehicle purchase, and it also hopes to purchase vehicles can have a license plate number to purchase in order to facilitate the operation or passage, then through the use of local people's identity card to purchase vehicles. Although there are some emotional factors, but the lender to make lending behavior, lenders should be aware of: when damage occurs, the borrower can by virtue of its domicile, residence is not in the local situation, take away. It can be said, even if the lender review the purchase of driving for such matters, there are still risks so that the victim can not get compensation, from another perspective, it still does not fulfill the duty of care enough. Therefore, lend ID unless it finds the borrower circumstances, do not assume liability to pay compensation, or to bear civil liability for compensation.
  
Case four: lend, lease relationship
Rental, lending a motor vehicle accident how to bear civil liability, at present in our country is not directly applicable laws, administrative regulations or the existing judicial interpretation. Have abolished "approach to road traffic accidents" thirty-first has provided: traffic accident by the owners responsible for liability, but with the implementation of the new "traffic safety law", the owners responsible for liability has been abolished. Then the road traffic accident compensation cases who accepted in May 1, 2004 after the injury to the body of the owner's responsibility to bear, no legal basis. If there is no further provisions or explanation, according to their own responsibility principle of civil law, shall be borne by the infringer is traffic accident civil responsibility themselves to compensate the loss, but in the road traffic accident, the driver of the vehicle control, the infringer's accident (driver for vehicle), the vehicle owner if not traffic accident vehicle drivers, the general should not be regarded as tort, the people's court verdict traffic accident can be directly liable for civil compensation.
If the owner in what circumstances, it shall bear civil liability or joint liability? There are three specific cases:
One is the owner of all motor vehicles, in the lease, motor vehicles, as long as strict review of obligations, rental (borrow) to have the driving license and driving function with certain people, there is no fault in the subjective, it should not be used as the subject of compensation liability. Rent (borrow) car actual control, vehicle operation process, because of their own mistakes and accidents, violations of the legitimate rights and interests of others, rent a car (borrow) who is the actual infringement, should bear civil liability independently as a civil subject.
Two when it is the existence of motor vehicle safety defects, such as: motor vehicle due to negligence in the lease, lend the vehicle not to rent a car (by) the obligation, as rent (borrow) a car people because of carelessness not to all motor vehicles motor vehicle driving on understanding existing flaws and security, both existence fault behavior, all as a rental, lending a motor vehicle with the lessee, borrower as a common subject of compensation, are jointly and severally liable;
The three is the owner of motor vehicle or motor vehicles in the rental, deliberately not informed or assure the vehicle without blemish, and traffic accidents, shall be borne by the vehicle owner as a separate subject bear all the civil liability for compensation.
We can, based on Professor Liang Huixing's "the hermeneutics of civil law" to discuss the applicable legal basis. First we look at the "contract law" provisions of article two hundred and thirty-seven, the financing lease contract is the lessor according to the lessee, the lease item selection of the seller, the purchase of the leased object to the seller, provide to the lessee, the lessee to pay the rent contract. In this article we see not hard, is financing will be required to buy the lease lease to the lessee, the lessee pays the rent by the contract, the nature of the contract and lease, lend the vehicle contract is very consistent. From the "contract law" article 246th can be seen: the lessee while in possession of the lease item, third person personal injury or property damage caused by the lease, the lessor is not liable.
Secondly, in the judicial practice, China's legal system is based on the "operation control and operation benefits" principle to determine the case of compensation for traffic accident damage compensation, there are three judicial interpretation:
The Supreme People's court "about the purchase of people use installment purchases of vehicles in the transport because of property losses caused by traffic accidents others retained the approval shall not bear civil liability" vehicle ownership, the approved clearly pointed out: take the installment purchase a car, a seller in the purchaser paid car retains the ownership of a vehicle, buy Party in his own name and to enter into a contract of carriage of goods and the use of the car transport, due to traffic accidents caused by the loss of property of others, the Seller shall not bear civil liability.
Official Reply of the Supreme People's court made in June 25, 1999 clearly stipulates: "the motor vehicles using theft, cause material losses of victims, the party shall be liable for damages in accordance with the law, all the stolen motor vehicle is not liable for damages"
Reply of the Supreme People's court "about serial purchase a car did not handle the transfer procedures owners whether or not the original motor vehicle traffic accidents responsibility" ((2001) the people He Zi No. thirty-second) provides that: "the serial purchase a car not to transfer procedures, as vehicles have been delivered, the original owner can not control the vehicle operation, also do not profit from the vehicle operation, therefore, the original owner should not cause damage liability for motor vehicle traffic accident occurred, but not a purchase a car transfer procedures for the behavior, in violation of the administrative regulations, should be subject to the provisions of regulation."
"Contract law" provisions approved above and the Supreme People's court for trial use, the leased vehicle traffic accidents to determine the subject of civil compensation provides the legal basis for good.
Case five, link between
About the affiliated person in the responsibility of compensation in traffic damage, there are three views in general. The first view, the affiliated person is the owner of the vehicle, it shall bear joint and several liability; second kinds of opinions, in view of the affiliated person collect call management fee, should be in this range are jointly and severally liable; third kinds of opinions, the affiliated person does not assume liability to pay compensation. I agree with the second opinion.
      But some people think: the affiliated person shall bear joint and several liability without legal basis. Joint and several liability only in the law explicitly stipulated to bear, and the current law does not stipulate the affiliated person shall bear joint and several liability. Although the Supreme People's Court of some issues concerning the application of "Civil Procedure Law" article forty-third "opinions about individual industrial and commercial households, individual partnership or private enterprise the titular collective enterprise and engaged in production and business activities in the name of the collective enterprises, in the proceedings, the individual industrial and commercial households, a partnership or private enterprise and its affiliated collective enterprises provisions as the common litigants" of the spirit for the affiliated person. But this kind of understanding first confusion between the subject of litigation and the nature of liability. Litigation subject is the legal liability, but became the subject of litigation does not necessarily need to bear the legal liability.
Two, traffic accident, pedestrian, non motor vehicles in the traffic accident responsibility, or the primary responsibility, or equal responsibility, bear civil liability of motor vehicle.
First of all, the most important thing for us is to understand "road traffic safety law" article seventy-sixth, which determined the division of responsibilities, the road traffic accident compensation of the main and the imputation principle, the right to compensation according to the provisions of article seventy-six to exercise their right to. From "the spirit of the legislation of the law on road traffic safety" look, seventy-six division of responsibilities, the subject of compensation and liability principle is: one is the insurance company in the third party liability compulsory insurance liability within the scope of liability without fault. Two motor vehicles and pedestrians, non motor vehicle traffic accidents, motor vehicle liability without fault; the three is traffic accidents between motor vehicles, motor vehicles are fault liability.
1, the insurance company in the third party liability insurance liability within the scope of liability without fault, because the law is clear, there is no controversy, so do not detail. For traffic accidents between motor vehicles, motor vehicles are fault liability, this problem is very clear, is not discussed in detail. I want to introduce is the vehicle and pedestrian, non motor vehicle traffic accident liability and how to bear the problem.
2, motor vehicles and pedestrians, non motor vehicle traffic accident liability without fault. In the legal provisions in the past: traffic accident parties - motor vehicle and non motor vehicle party on traffic accidents has the same fault, the peccancy and traffic accident are the causal relationship, and the effect is equal in traffic accidents, according to the degree of the two sides of the fault to determine the responsibility of the parties, that the two sides shall bear the same liability. But "the imputation principles of traffic safety law" on the road traffic accident liability provisions different from previous traffic management laws, regulations.
"Traffic safety law" article seventy-six (two): the provision and non motor vehicle driving traffic accident occurs, between the pedestrian, the motor vehicle shall bear the liabilities; II. 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 disposal measures, to reduce 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.
This provision has the following meanings:
1 cases, namely in the road traffic accident, because the implementation of the principle of no fault liability, the motor vehicle shall no matter whether the fault, should bear the responsibility:
2, in the implementation of the principle of no fault liability at the same time, if meet the statutory conditions, motor vehicle liability side can reduce. The statutory conditions include two aspects, one is "there is evidence of non motor vehicle drivers, pedestrians in violation of road traffic safety laws, regulations," two is the "motor vehicle driver has taken necessary measures". The liability for compensation, these two aspects must have at the same time can reduce a vehicle side are indispensable, only has one hand still can not reduce the motor vehicle liability side. It should be particularly pointed out that, even with the statutory conditions two aspects, drivers, pedestrians in the motor vehicle and non motor vehicle traffic accidents, motor vehicle liability side is still "reduce", not "exempt" or "negative" responsibility. But if the motor vehicle traffic accident on the side of the traffic accident in the violation behavior and its violation and traffic accidents have a causal relationship, it can not be applied liability minus the,The motor vehicle shall have to prove itself to the no fault, fault and for others, to reduce its responsibility in accordance with law,Otherwise, contrary to the "road traffic safety law" legislative intent. This is the so-called "hits not free of charge", embodied in the people-oriented concept of justice, safeguarding the interests of the weak.
3, in certain circumstances, the motor vehicle shall completely exempted from liability. If the losses of the traffic accident is caused intentionally by the non motor vehicle drivers, pedestrians, the motor vehicle shall bear no responsibility, such as non motor vehicle drivers, pedestrians for Dutch act or illegal seek insurance compensation to intentionally cause the traffic accident, the motor vehicle shall complete exemption, all the consequences of a non motor vehicle traffic accidents caused by the drivers, pedestrians bear. But this exemption is the premise to the motor vehicle driver has no illegal behavior in road accidents, or there are violations, but the peccancy and traffic accident no causal relationship, otherwise it will bear the liability for civil compensation of certain. (for example: someone wants to borrow a traffic accident Dutch act, but the vehicle also has the violation behavior, speeding not paid attention to and results to avoid duty, so also should bear the responsibility for compensation of certain)
Three, traffic accident responsibility is not equal to the civil liability for compensation
Traffic accident responsibility is the traffic administrative department of the public security according to traffic accident severity of traffic accidents as well as the role of the fault, identified by the parties in the accident because of the size of the force of the Central Plains and the accident. It is different from the civil liability, civil liability is a kind of adverse legal consequences shall be liable according to statutory or contractual and conduct of tort fault. No accident responsibility is not necessarily less compensation (such as motor vehicle and pedestrian accident), bear full responsibility for the accident is not liable for compensation (unless the behavior intention). Such as: driving without a license in normal driving, the traffic accident, do not assume liability to pay compensation, while driving without a license is a kind of serious violations, but the peccancy and traffic accident no causal relationship, that is driving without a license is not inevitable factors in the accident itself.
For a long time, the people's court are used to determine the civil liability in traffic accident responsibility, which is affected by the original "approach to road traffic accidents" the thirty-fifth stipulation: "the traffic accident responsibility should be negative in accordance with the traffic accident responsibility to bear the corresponding liability for damages." Effect, but the new "the people's Republic of China Road Traffic Safety Law" promulgated after the implementation method that is abolished. According to the new law seventy-third, accident identification is to deal with traffic accidents is one of the important evidence, division of civil compensation is not a responsibility.
The new "traffic safety law" article seventy-third, "traffic safety law" article ninety-first, "traffic accident handling procedures" Fifteenth, 16 are provided for the traffic accident responsibility of party, from the following three standards:
(a) there is no causal relationship between the accident and the accident behavior. Determination of accident liabilities of the parties, the occurrence and the damage depends on the behavior and accidents have no causal relationship, if there is no causal relationship, even if the behavior is a serious violation of the law, should not have the responsibility for the accident.
(two) the action of the accident that contributed to the traffic accident, the accident happened because of the size of the force. Capacity refers to the common cause of the accident, forcing every reason to result in damage or expand the.
(three) the extent of the fault. After determining the causal relationship between the responsibility of the parties, determine the proportion, is mainly based on the degree of fault to determine.
Where, during the meeting the national civil trial work forum held in Guangdong Province, Foshan city in March 26, 2003, the Supreme People's court vice president Huang Songyou accepted the "people's Court Daily" reporters made it clear that the:
         About the question of compensation for traffic accident. In the case of accident of non motor vehicle party casualties case, should adhere to the people-oriented, respect for human life value principle. Vehicle behavior of people in case of no fault caused by non motor vehicle party casualties, except for the victim Dutch act, behavior person difficult to control the situation, people should still give the victim compensation; if both parties are at fault conditions, even if the victim has gross negligence, the liability for compensation only in accordance with the principle of contributory negligence appropriate to reduce the vehicle side, can not be exempted from the liability for compensation, but not the judgment of fault offset and then request the victim compensation for a vehicle side the loss. To correctly deal with the traffic control department of the public security responsibility. The traffic control department of the public security responsibility cognizance is actually the analysis of traffic accident causality, is a confirmation of the cause of traffic accidents. To avoid the traffic control department of the public security responsibility sharing equal to civil liability, should be identified as the party responsible or confirm the important evidence victim one party is at fault..
But in practice, whether the traffic police or the people's court in dealing with traffic accident cases, still use the law the previous mode of many cases, non motor vehicle drivers, pedestrians are "illegal" as the main whether undertakes the responsibility (or even simply) basis, and thereby to determine the scope of compensation concrete and the amount, for example: driving without a license in normal driving behavior, causing a traffic accident; not according to the severity of traffic accident parties behavior for the accident as well as the role of the fault, to determine the responsibility of the parties ("Regulations for the implementation of" 91). This accident responsibility confirmation is not standardized, but also to a certain extent, the people's court in the partition induced by traffic accident parties civil liability for errors.
Four,Suffer from traffic accident in work trip, in addition to enjoy treatment of inductrial injury insurance, whether in the request for civil damages, which can receive double compensation?
In 1996 the Ministry of Labor issued the "industrial injury insurance for enterprise employees trial practices" defined in article twenty-eighth, because the traffic accident causes injuries, should be handled in accordance with the "road traffic accidents approach" and the relevant provisions. The traffic accident compensation should be paid related compensation costs, enterprises no longer pay the corresponding treatment. The relevant costs of enterprises in advance advance of employees or their families, access, traffic accident compensation shall be paid. The meaning is clear regulations, namely: traffic accident injury insurance and civil compensation for personal injury is not repeated claims of.
But in May 1, 2004 promulgated the "on the trial of personal injury compensation case applicable legal interpretation" Twelfth but clearly stipulates: "in accordance with the law shall participate in the industrial injury insurance for workers in units, because inductrial injury accident suffers from a personal injury, the worker or prosecution request the employer to bear the liability for civil compensation to the people's court at their close relatives, told the press" Regulations "industrial injury insurance treatment. Due to the employer other than the third person tort workers caused personal injury, compensation for the right to the third party shall bear civil liability for compensation, the people's court shall support." the judicial interpretation is very clear, the road because workers commute from insurance benefits in accordance with the law, workers can enjoy the treatment of work-related injuries insurance though, but for the traffic accident responsibility third people still shall be liable for civil compensation.
The State Council's "industrial injury insurance regulations" implemented on January 1, 2004, the Ministry of labor was not abolished in 1996 promulgated the "Provisional Measures" industrial injury insurance for enterprise employees. But from the law level, the State Council promulgated the "Regulations" belongs to administrative regulations, issued by the Ministry of labor "means" belonging to the departmental rules. In the administrative regulations and departmental rules have made provisions on work-related injury insurance staff worker, effectiveness as the "Regulations" after the implementation of higher natural substitution effect, lower level "approach", so "means" twenty-eighth sure "the work-related injury insurance scheme adopts the principle of balance compensation" is not legally binding.
In January 1, 2003 promulgated the "insurance law" sixty-eighth article: "the insured of personal insurance for the third party behavior - and the occurrence of death, disability or illness, accident insurance, insurance to the insured or the beneficiary after the payment of the insurance benefits, shall not be entitled to recover from the third party. But the insured or the beneficiary shall still have the right to demand compensation from the third party." The law also from the legal perspective, also affirmed the victim to obtain the insurance compensation and civil compensation double compensation.
The total above, to suffer from traffic accident in work trip, in addition to enjoy treatment of inductrial injury insurance, can then request the civil damage compensation, which can receive double compensation.
Five,Experience: in traffic accident cases, how to provide the other party lost wages that objection?
In civil process, whether the investigation or trial cross examination process, often find each other to provide the delay costs that provide only a cover letter with the official seal of the unit, and the unit exists or not unaware, which easily false ingredients, but no relevant evidence to refute, finally the court also tend to adopt the delay costs prove as decision delay costs basis.
In the process of handling a case, I found that the insurance company in the vehicle insurance claims, time-consuming in the verification of delays, it be perfectly logical and reasonable. The insurance company is time-consuming in victim delays, not only required to provide proof of the original work, but also for its victims and income annual unit labor contract and a proof (income exceeds the amount of tax shall submit tax certificate). Only these, can really, accurately reflect the delay costs of victims. After hearing all this, can learn about.
By six, the new 'traffic safety law', the victim should agree with the need for the traffic management department?
The original 'approach to road traffic accidents' thirty-ninth has stipulated that: "the traffic accident the injured and disabled need hospitalization, hospital, nursing, medical certificate and shall be agreed to by the public security organs. Unauthorized hospitalization, transfer, use of nursing staff, since the purchase of drugs, more than the hospital or date of notice of refusal to discharge, the cost of which is borne by the injured and disabled persons." From the provisions of this article, regulations prohibit traffic accident victims to hospital treatment. But now this provision has failure. '' interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case also did not make clear provisions.
From the above legal provisions, 'explained' seems to be cancelled without the consent of the law about the hospital treatment for medical expenses not to make compensation, but I am in the process of handling a case, indeed there are traffic management departments on referral to agree
    SevenThe traffic accident, not how to do?
     1, the administrative relief: "traffic accident treatment work norms" sixty-second: Traffic Department of the public security organs at all levels shall set up a calendar with traffic accident processing senior qualified traffic accident treatment expert group, responsible for the traffic accident audit, review. Traffic management departments of public security organ at a higher level to the undertaker of traffic accident identification work inspectors check, inspection or the masses complaints after review found that "traffic accident" erroneous, shall make a decision to revoke the "traffic accident" decision, by the office units produced "the traffic accident report shall be within the prescribed time limit within the". The units are refusing to implement the decision to the traffic control department of public security organs, repealed or modified in accordance with the "Supervision Regulations", and "the public security organs in accordance with law enforcement fault accountability provisions" of the misjudged case investigation.
    2, the judicial relief: "the Supreme People's court, the Ministry of public security on treatment of road traffic accident cases related issues notice" fourth: if only the public security organs to make the road traffic accident responsibility identification and assessment of disability may, bring an administrative lawsuit and civil lawsuit to the people's court, the people's court shall not accept the. The parties to the administrative punishment made against administrative litigation or litigation damage compensation issues, as well as the people's court trial of criminal cases of traffic accident, the examination of the people's court to think that the responsibility for public security organs, disability evaluation is improper, it shall not be accepted by the people's court, as the facts of the case as the verdict on the basis of.
Eight, in the owner of the vehicle and the driver isolated circumstances, the victim can implement the vehicle?
In real life, we in order to interpersonal relationships, often lease, lend the vehicle behavior, such as after a traffic accident, the vehicle owner in the absence of fault, do not bear the liability for civil compensation cases, the victim can implement the vehicle?
Although in practice, after a traffic accident, the public security organs for evidence will be temporarily detained vehicle, seized during the public security department will notify the victim has to apply for the preservation of property rights, but the action after the end, in the vehicle owner shall not bear civil liability, the perpetrators and no economic ability to pay, the victim or auction vehicle? At present there is no legal basis.
I think, the driver driving the vehicle traffic accident is one kind of tort, the vehicle as a tort tool of traffic accident, has a direct relationship with the driver. The driver no economic compensation ability, the victim may perform the vehicle. Between the driver and the vehicle all people on the vehicle is what kind of civil relationship based on, is another kind of civil cases, there is no direct interest in the case. The implementation of the vehicle, the vehicle all people suffer economic losses, can have recourse to the driver. According to the relativity of contract and tort fact establishment decision. But this Is it right? And belongs to a kind of "owners responsible for finance" legal relationship?
Nine,Interpretation 2006Year July 1st implementation of the "motor vehicle traffic accident liability compulsory insurance Ordinance"
　Primary guarantee of compensation for victims
The promulgation of the "motor vehicle traffic accident liability compulsory insurance regulations" has four characteristics.
● highlight the "people-oriented". To guarantee the timely and effective compensation as a primary objective.
● reflected "jiangyoufalie". Improve the driver law-abiding compliance awareness through economic means, to improve road traffic safety. "Regulations" provisions of safe driving can enjoy preferential rates, often the perpetrators will afford the high premium.
● adhere to the principle of social benefit. Insurance companies operating motor vehicle traffic accident liability compulsory insurance is not for profit, and motor vehicle traffic accident liability compulsory insurance business management, must separate accounting separately from other business.
● be commercial operation. Motor vehicle traffic accident liability compulsory insurance clauses and premium rates set by insurance companies, Insurance Regulatory Commission in accordance with the motor vehicle traffic accident liability compulsory insurance business in general is not profit loss principle for approval, the insurance company independent operation, self financing.
Regarding the insurance company
1 "advance" notice must be made to pay the rescue expenses
Regulations, "compensation insurance" insurance company to the insured, but also can give the victim, but, as long as the receipt of the traffic control department "advance notice", after the check, the insurance company must timely payment or pays rescue expenses, otherwise, once the serious consequences, the insurance company will face the most severe punishment revoke license "" the license to operate insurance business.
2 compensation 10 days must be put in place
Regulations, after a traffic accident, the claim procedure: accident -- the insured, the victims notify the insurance company, insurance company immediately inform the specific compensation procedure -- the insured claims -- insurance companies, the date of receipt of the application within 1 days, written to inform the insured person required to provide proof and data -- the insurance company has received certificates and materials within 5 days from the date of, decide whether to liability insurance, and will notify the insured; do not belong to the insurance liability, a written explanation -- insurance companies determined to liability insurance, and the insured within 10 days after the agreement is reached, compensation insurance in place. If more than 10 day period, the insurance company will reach the maximum fines of 300000 yuan.
3 to seven kinds of behavior may be revoked license
Regulations, as long as the following seven kinds of behavior, ranging from 50000 yuan -- a fine of 300000 yuan; heavy restrict its scope of business, shall be ordered to stop accepting new business, or revoke the license to carry on insurance business: (a) refuse or delay the insured motor vehicle traffic accident liability compulsory insurance; (two) did not implement the provisions of the the insurance clauses and insurance premium rate; (three) is not the business of compulsory motor vehicle liability insurance and other insurance business separate management, separate accounting; (four) a commercial insurance contract enforcement applicant; (five) to violate the provisions of lifting motor vehicle traffic accident liability compulsory insurance contract; (six) refuses to perform the agreed compensation insurance obligations; (seven) fails to timely pay the rescue expenses or disbursements.
A pedestrian
1 insurance not rescue fund at
Regulations to prevent insurance Jinshang inadequate pay salvage, hit and run accidents, regulations, the state will set up the social rescue fund for road traffic accidents (i.e. rescue fund), for rescuing the wounded, need rescue fund management institution pays rescue expenses, management mechanism to the traffic control department notice, rescue costs by corresponding timely advance nuclear.
Rescue fund aimed at three kinds of accidents: rescue costs than motor vehicle traffic accident liability compulsory insurance of liability; the vehicle did not participate in the compulsory motor vehicle traffic accident liability insurance; motor vehicle accident. In all three cases, the victim casualties funeral expenses, some or all of the rescue costs, by the rescue fund to advance, later, rescue fund management institutions shall have the recourse against the person responsible for the traffic accident.
According to the regulations, there are source of rescue fund four channels: extraction of motor vehicle traffic accident liability compulsory insurance premium according to a certain proportion; not in accordance with the provisions of the insured motor vehicle traffic accident liability compulsory insurance of motor vehicle owner, manager of fine; to the road traffic accident responsibility compensation funds to rescue fund fruits.
2 awarded according to the four level limit of liability
Regulations, motor vehicle traffic accident liability compulsory insurance unified liability limit, is divided into "four stage": the death compensation, disability compensation for medical expenses limit, property damage compensation limit, the insured has no liability in traffic accidents.
3 insurance disputes arbitration proceedings
Regulations will be enforced by the year July 1st, within 3 months as of all motor vehicles, management from the date of entry into force, should the insured motor vehicle traffic accident liability compulsory insurance; such as before the implementation of these regulations has been insured commercial motor vehicle third party liability insurance, the insurance expires, the owner of the vehicle, the administrator shall insurance compulsory traffic accident liability insurance motor vehicle.
The insured and the insurance company if the parties disputed the compensation issues, there are two solutions: apply for arbitration or bring a lawsuit to the people's court according to law.
About driver
1 zero fault to enjoy the lowest "premium"
"Regulations" provisions, the records of illegal behaviors, the ratio will be directly linked with the premium, for a period of one year, no illegal records within a year, the insurance premium will be reduced. As long as the driver always keep illegal "zero" records, the insurance premium will be reduced year by year, until the lowest standard. On the contrary, the insurance premium rate will increase year by year. If the driver no fault in the traffic accident, the insurance premium rate is not by accident frequency as reference.
2 do not put the insurance mark traffic can be buckled car
"Regulations" provisions, in the future, the driver shall insurance sign posted in the car, otherwise, the traffic control department will directly buckle car, impose a warning or a fine of 200 yuan to 20 yuan --. Forging, altering the insurance mark, or the wrong person to other vehicle insurance mark, the standard of punishment will be based on this, fine standard will be raised to 2000 yuan. In addition, the driver if the uninsured, the traffic control department in addition to direct deduction, will also impose a fine of 2 times the minimum premium.
3 not truthfully inform the five day the exemption period
"Regulations" provisions, if the insured non disclosure of important matters, the insurance company has the right to terminate the contract, however, lifted, insurance companies should notify the insured, and wait for five days. As of five days, the insurant truthfully inform the important matters, the insurance contract shall continue in full force and effect. Important issues include vehicle type, brand type, identification code, the license plate number, and the use of nature the vehicle owner or manager's name (name), gender, age, residence, ID card or driver's license number (organization code), other matters before the renewal of motor vehicle accidents as well as required by the circ.
4 the applicant shall not rescind the contract unilaterally
"Regulations" provisions, the applicant may terminate the compulsory motor vehicle traffic accident liability insurance contract, except for any of the following circumstances: (a) the insured motor vehicle shall cancel the registration; (two) the insured motor vehicle shall stop; (three) the insured motor vehicle by public security authorities confirmed loss. Motor vehicle traffic accident liability compulsory insurance contract, the insurance company shall, in accordance with the contract the responsibility of insurance.
"Regulations" provisions, the lifting of the contract, the insurance company can collect from the insurance liability to the date to the date of termination of the contract of insurance, the remaining part of the insurance premiums shall be returned to the applicant.
The transfer of ownership by motor vehicle insurance, shall go through the formalities for motor vehicle traffic accident liability compulsory insurance contract change procedures.
    5 drunk driving and driving without a license in recovery
"Regulations" provisions of drunk driving, driving without a license or, once the accident, the insurance company compulsory insurance liability limit range pays rescue expenses in motor vehicle traffic accident responsibility, and shall have the right to recover the injurer.
In addition, the insured motor vehicle stolen during the accident, the insured intentionally create traffic accidents, the insurance company does not assume liability to pay compensation.
6 near the scrap cars can be short-term insurance
Regulations formulated the short-term insurance, three vehicles: retirement period temporary entry of overseas motor vehicle, motor vehicle temporary road, motor vehicle from the provisions of less than 1 years, the insured may insure short-term motor vehicle traffic accident liability compulsory insurance
Two, the "Regulations" still need to study and improve the local
(a) the coordination problem with the "road traffic safety law"
In any case, "compulsory liability insurance seventy-sixth" provisions of the compulsory insurance is not a strict sense, but basically reflects the characteristics of threshold no fault insurance, compulsory insurance is within the limit, the insurance company shall bear the liability for compensation to the victims, thereby avoiding the tort liability of perpetrators. This means that the victim can, but only to insurance company claim for compensation. At the same time, in accordance with the "seventy-sixth", the insurance company has almost no can fight the victim requests for (non motor vehicle drivers, pedestrians deliberately caused a traffic accident is the insurance company's defenses is controversial, I hold a negative attitude). However, regardless of the "Regulations" in accordance with the provisions of the liability insurance of all insurance liability, in addition to "Regulations" article twenty-first "the road traffic accident damage was deliberately caused by the victim, the provisions of the insurance company shall not compensate" can also through "seventy-sixth" second paragraphs explain barely get legitimacy outside, other provisions of some of the provisions is very difficult with the "seventy-sixth" coordination. The main issues:
The first, "the provisions in the first paragraph twenty-second strip cases": "in any of the following circumstances, the insurance company compulsory insurance liability limit range pays rescue expenses in motor vehicle traffic accident responsibility, and shall have the right to recover the injurer: (a) did not obtain a driver's driving qualifications or drunk; (two) the insured the stolen vehicle during the accident; (three) the insured deliberately causes a traffic accident." The provisions of paragraph second: "one of the circumstances listed in the preceding paragraph, the occurrence of road traffic accidents, causing loss to the property of the victim, the insurance company does not assume liability to pay compensation." According to this provision, in did not obtain a driver's driving qualifications or drinking, the insurance company only to the victim pays rescue expenses, and other expenses and property loss only by the victim to the perpetrators claim. Regardless of this rule is reasonable, exercise the right to request only from the angle of view, it is difficult to implement. Because other damage for compulsory liability insurance limit within the scope of the victim, the victim to the perpetrators claim is that institutional obstacles, because "seventy-sixth" clear provisions of compulsory insurance liability limit by the insurance company shall bear the liability for compensation, the offender is the exemption. Therefore, when the victim in this part of the damage compensation request, the offender can use "seventy-sixth" claim exemption? This is a problem to be solved.
Second, "a" cases made compensation burden rescue fund is very limited in considering China possible low insurance rate, high accident rate as a result of the rescue fund burden and reality, which only pays rescue expenses, funeral expenses. From a practical point of view, it is not without reason, but the problem is, compulsory insurance within the limits of the other damages not only face the obstacles, and to bear the risk, not insured motor vehicle accident, appears to be unfounded. The results will cause the victim of discrimination.
Third, the insurance company and the rescue fund recovery is based on what? "Regulations" stipulates many insurance companies and rescue fund to the perpetrators claim case, but the right of recourse is also facing the problem.
Fourth, are not included in the mandatory insurance coverage for the passenger, why the compulsory insurance limits within the basis of claim for damages for? For these people, it cannot obtain the safeguard by compulsory insurance or rescue fund. Regardless of the people to exclude compulsive insurance coverage is justified, only from the tort, the exercise of the right of petition for channel is not smooth. On the one hand, "road traffic safety law" does not require the tort liability compulsory insurance within the limits, on the other hand, "approach to road traffic accidents" has been abolished. The contract law request and can not get the compensation for mental damage, the general principles of the civil law request seems far fetched, how to solve the problem is clearly a problem.
(two) promote the scope of motor vehicle compulsory insurance and compulsory insurance rate
To improve the insurance rate not only to the victim protection is very important, but also to reduce the burden of the rescue fund, guarantee the compulsory insurance system operation is of momentous significance. However, "is lack of regulations" regulations in this aspect.
First of all, "road traffic safety law" does not provide the scope of motor vehicle compulsory insurance regulations "," the scope of the vehicle does not stipulate the exemption from compulsory insurance of motor vehicle compulsory insurance, so it can be presumed "Regulations" shall include all "road traffic safety law" provisions of the motor vehicle. And whether there will be compensation for the security of official vehicles and not what dangers purely agricultural machinery into the compulsory insurance is legitimate, it Chinese greatly small, various types of vehicles, the authoritative department statistics of around 100000000 vehicles, but from the automobile, motorcycle, China agricultural vehicle, tractor production, sales statistics, the number of motor vehicles our country should be in 100000000 6 ten million or more cars, in the vehicle structure, more than 70% of motorcycles, agricultural vehicles and tractors, most farmers have income level is not high, at least 3 ten million above is not pay various fees, license plate is not all the "black car". Just a little understanding Chinese rural realistic people will know, to force the vehicle insurance seems to be an impossible task at present. Therefore, how to realize the vehicle compulsory insurance high insurance rate is not a good solution to the problem.
In addition, there is a problem related to compulsory insurance rate, namely the "Regulations" although the provisions of an insurance company shall not rejection and delayed coverage, and provides administrative responsibility rejection or delay the underwriting. However, in the absence of a better, more specific measures, especially not on bus, taxi, overloading of long-distance transportation vehicles and other high risk otherwise arranged under the car, insurance companies take rejection or delay the underwriting may be forced to take strategy for car.
Finally, from various countries and regions, the compulsory motor vehicle insurance practice before the contract expires, the compulsory liability insurance to the insured notice renewal, in the specified period of time not insured to the relevant law enforcement departments notice of such measures is to improve the renewal rate is very important, however, the "Regulations" and did not give the provisions, so we need other provisions.
(three) the right to claim for compensation
The vehicle compulsory insurance the purpose is to protect the victim, system guarantee for this purpose is mainly the victim has the right to request compensation from the insurance companies and insurance companies strictly limit the right to request the victim's plea for. In the "Regulations" in the drafting process, this issue has always been debating. However, unfortunately, the "Regulations" does not claim for direct compensation for victims of provision, and the twenty-eighth stipulates clearly "the insured motor vehicle traffic accidents, by the insured to the insurance company for compensation insurance." The provisions of article thirty-first "insurance company can be paid indemnities to the insured, or directly to the victim compensation insurance". Should say, in addition to save costs, the victim is not the right of indemnity to the insurance company. The victim can get direct compensation insurance companies, depending on whether the insurance company "mercy". Can say, this rule not only increased the victim compensation cost, prolong the time of claim, but also increases the risk. This is the "Regulations" the provisions of the failure does not conform to the compulsory insurance principle. How to solve this problem, it is not easy.
(four) the scope of the mandatory insurance
"Regulations" in the name of the abolition of the "third", but the content is still in "third" as the object of compulsory insurance. Bicycle accident will roll over and a lot of the personnel on the car out of compulsory insurance, and thus "staff car insurance" for the insurance company, but it limits the scope of the victim not only current practices and other countries and regions of the world away from, and not conducive to practice a lot of single vehicle accidents, especially to solve relief and accident victims of casualties.
(five) control problems of compulsory insurance premium
"Although the provisions of the" Regulations "CIRC approval rate" principle of insurance no profit no loss in accordance with the motor vehicle traffic accident liability compulsory insurance business in general, but does not require the approval of the CIRC insurance fair, reasonable mechanism, "the China Insurance Regulatory Commission in the examination and approval of insurance premium rate, can employ the specialized agencies for assessment, flexible regulations may hold a hearing to listen to public views" is obviously not enough.
(six) the insured the premium burden
Undeniably, the burden of compulsory motor vehicle insurance practice is relatively high, the insurance Department of Central University of Finance and Economics director Hao Yansu in a few years ago that motor vehicle insurance is operating in the profit level, and explained in the "road traffic safety law" and the personal injury compensation after the implementation of our method, the insurance company has raised several compulsory insurance rates. Regardless of whether the high premiums are obtained by the insurance company if the compulsory insurance, compare it with China's Taiwan region, compulsory insurance, the current Chinese basically can be summed up as the high premium, low security. This is a far cry from compulsory insurance low premium, high security requirements.
"Although the provisions of the" Regulations "overall no profit, no loss" principle, but in the "Regulations" after the implementation, the possibility of compulsory insurance premiums drop is small. And the "Regulations" article eighth will reduce the premium situation is limited to "the insured motor vehicle has no illegal act of road traffic accidents and road traffic accidents", "added to the insured motor vehicle road traffic safety violations or road traffic accident insurance". From the China present reality, such provisions may most of the vehicle will face is the "premium should be increased", rather than "should reduce the". The premium burden problem how to control the insured, will be the "Regulations" will be an important topic facing. In my humble opinion, be the first to bear the brunt of solving problems is the high premium rebate in motor vehicle insurance, blindly pursue high premium is not a long-term solution to this problem.
(seven) coordination of different compensation mechanism
"Regulations" does not require mandatory insurance, especially the relationship rescue fund compensation and social insurance, this is also a problem to be solved.
In short, the "Regulations" to a certain extent amendments to the "road traffic safety law" and improve the feasibility of compulsory insurance, the introduction of at least is of positive significance to solve the traffic accident victim's rescue costs etc.. At the same time, "some unnecessary controversy will produce Ordinance" during the "Regulations" for the absence of the introduction of the stop. However, the "Regulations" there are still some problems to be solved, the establishment of motor vehicle China the true meaning of the compulsory insurance system still needs the effort, still need time.