Introduction:Motor VehicleTraffic accident responsibilityCompulsory insurance regulations of knowledge. In this paper, according to the legal knowledge of compulsory insurance, answer a number of motor vehicle traffic accident liability compulsory insurance Ordinance problem. The following is the Legal Express network to provide you with related motor vehicle traffic accident responsibility compulsory insurance regulations of knowledge.

 

The State Council "motor vehicle traffic accident liability compulsory insurance regulations" (hereinafter referred to as "cross strong insurance regulations") was formally implemented on July 1, 2006, the provisions of article forty-fifth, the vehicle owner, manager since the implementation of these regulations within 3 months from the date of the insured motor vehicle traffic accident liability compulsory insurance (hereinafter referred to as the cross strong insurance). Accordingly, since October 1st, the city, the traffic control department of motor vehicle in violation of the provisions of the compulsory insurance of all people, managers will be punished according to law.

One, the commercial three party insurance not maturity is also must in October before 1 strong risk of the insured to pay?

Answer: in 2006 before 1 July, have been buying commercial motor vehicle third party liability insurance and the policy has not yet expired, the original commercial three party insurance policy remain valid. The original commercial three party insurance expires, should be timely strong risk of the insured to pay.

Two, the driver driving a vehicle on the road must carry what insurance certificate?

Answer: according to "the people's Republic of China Road Traffic Safety Law" (hereinafter referred to as the "road traffic safety law") ninety-fifth, "Beijing city to implement 'the people's Republic of China Road Traffic Safety Law" (hereinafter referred to as' measures "Beijing implementation measures") fifteenth and "cross strong insurance regulations" article forty-fifth regulations, motor vehicle drivers who drive in July 1, 2006 after the insured on the road, must be in before the window on the upper right corner paste cross strong insurance mark; motorcycle to be carried with the vehicle compulsory insurance mark. Motor vehicle insurance business in July 1, 2006 before the third party insurance and in the period of validity, shall be carried with the vehicle commercial third party insurance certificate. Mark (vouchers) lost, should be timely to handle the relevant formalities insurance company.

Three, if the vehicle is not insured to pay strong risk, or the certificate of insurance with unqualified, the traffic control department how to punish? What is the legal basis?

Answer: (a) if the motor vehicle drivers driving under strong risk of the insured to pay by the traffic control department, according to "road traffic safety law" provisions of article ninety-fifth detain the vehicle, the owner or manager shall be ordered to motor vehicle compulsory insurance, motor vehicle owner or manager is strong insurance to pay a fine of 2 times the base premium after the return of vehicles;

(two) for carrying with the vehicle compulsory insurance mark fails to paste in the upper right corner of the front windows of motor vehicles (except motorcycles), the traffic control department of Beijing City, according to the "measures" article ninety-fifth (eight) shall impose a fine of 200 yuan and 1 points in mind, and was ordered to release the driver paste the sign;

(three) for not carrying insurance mark (documents), by the traffic control department according to "road traffic safety law" stipulates that the ninety-fifth detain the vehicle, the driver must provide the corresponding insurance mark (certificate), the traffic control department in accordance with the "Beijing city" measures for the implementation of article ninety-fifth (eight) the provisions of item, impose a fine of 200 yuan penalties for drivers and record 1 points back to the motor vehicle.

(four) to forge, alter or use forged, altered the label of insurance, or use other motor vehicle insurance mark, the traffic control department according to "road traffic safety law" stipulates that the ninety-sixth detained vehicle, fine to the parties 1800 yuan. The owner or manager shall be ordered to motor vehicle compulsory insurance, motor vehicle owner or manager is strong insurance to pay a fine of 2 times the base premium will be returned after the vehicle.

Four, if the insurance certificate is lost is to drive on the road, the traffic control department to deal with?

Answer: if this happens, the traffic control department will be marked as not placed insurance, according to "road traffic safety law" stipulates that the ninety-fifth detained vehicles. A driver should to the insurance company to submit the corresponding insurance mark (certificate), the traffic management department to accept treatment. The traffic control department will be in accordance with the "Beijing city" measures for the implementation of article ninety-fifth (eight) of the Convention, shall impose a fine of 200 yuan to the driver and record 1 points back to the motor vehicle.

Five, no strong risk of the insured to pay vehicle to vehicle?

Answer: before July 1, 2006, the commercial third party liability insurance and the period of validity, can participate in the motor vehicle inspection. The commercial third party liability insurance has expired, and the uninsured, not testing.

Six, the use of summary procedure for rapid processing of traffic accidents and how to determine the liability of compensation?

Answer: (a) between motor vehicle and non motor vehicle, pedestrian summary procedure for the treatment of traffic accident, the traffic police on the spot, the parties agreed to the vehicle by the party on the spot compensation 400 yuan (including) within the traffic police ", recorded in the summary procedure of traffic accident" after the party, motor vehicle the "confirmation" to insurance company claim for compensation (including before the July 1, 2006 has come into effect and liability insurance in the insurance business third).

(two) between the motor vehicle traffic accidents, traffic police in accordance with the law to determine the responsibility of the parties, the parties to insurance company claim for compensation.

The general procedure of traffic accident treatment seven, how to determine the liability to pay compensation?

Answer: (a) the parties has insured the vehicle compulsory insurance, according to "the people's Republic of China Road Traffic Safety Law" provisions of article seventy-sixth determining liability, namely: "motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limit the scope of compensation. More than some of the limits of liability, shall bear the liability for compensation in accordance with the following methods: 1, 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. 2, 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, reduce motor vehicle liability side. 3, the losses of the traffic accident is caused intentionally by the non motor vehicle drivers, pedestrians, motor vehicle shall not bear liability".

(two) for a motor vehicle road traffic accident caused personal injury, property damage, the parties report the conditions to protect the scene, but no report in accordance with the law, protect the scene, resulting in the basic facts of the accident could not identify the traffic accident, in accordance with the "Regulations of people's Republic of China Road Traffic Safety Law" measures "seventy-third Beijing city determined the liability for compensation, namely:" motor vehicle road traffic accident caused personal injury, property damage, the parties report the conditions to protect the scene, but no report in accordance with the law, 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 to limit the scope of compensation. Beyond the limits of liability, shall bear the liability for compensation in accordance with the following provisions: 1, traffic accidents between motor vehicles, one party is the behavior, the liability; two party or two party or parties to the action, the average share of the responsibility for compensation; 2, motor vehicle and non motor vehicle, pedestrian traffic accident vehicle side, the behavior, and no evidence of non motor vehicles, pedestrian traffic safetyIllegal activitiesAnd the driver of the motor vehicle has taken necessary measures, the motor vehicle shall bear the liability for compensation".

Eight, how to inform the insurance company to pay (paid) rescue fees?

According to "the people's Republic of China Road Traffic Safety Law" ninetieth "the insured motor vehicle third party liability compulsory insurance of motor vehicle traffic accidents, due to the need to rescue the injured to the insurance company to pay the rescue expenses, the traffic control department of the public security organ shall notify the insurance company", the traffic control department of the public security organ to have insured to pay strong insurance of motor vehicle traffic accidents, due to the need to rescue the injured to the insurance company to pay, pays rescue expenses, making "traffic accident rescue is paid by the police (advance) branch notice book" telex advice to the property insurance company in Beijing payment (advance) the rescue expenses.

Advance the issue of escape accident victims to save the cost of the traffic accident, road traffic accident social rescue fund to be established after the stipulated.

 

Cross strong insurance knowledge links:

One, what is the cross strong insurance?

Cross strong insurance is first implemented by the state laws and regulations of the compulsory insurance system in china. "Motor vehicle traffic accident liability compulsory insurance regulations" (hereinafter referred to as the "Regulations" provisions): cross strong insurance is the insurance company to the insured motor vehicle road traffic accidents caused by the victim (not including the vehicle and the insured) casualties, property losses, shall be compulsory liability insurance compensation within the limit of liability.

Two, why should execute compulsory insurance system?

Compulsory insurance is a kind of liability insurance. Current commercial motor vehicle third party liability insurance (hereinafter referred to as the "three commercial liability insurance") is on a voluntary basis by the insured to choose and buy. In reality the commercial three liability insurance rates are lower (about 35% in 2005), resulting in the occurrence of road traffic accidents, some because of no insurance or damage caused by the limited capacity to pay, the victim can not get timely compensation, also cause a lot of economic compensation disputes. Therefore, insurance system implemented through national mandatory motor vehicle owner or the manager to purchase the corresponding liability insurance, in order to improve the three responsibility of the insured risk, provide timely and basic guarantee for the traffic accident victims to the greatest extent.

Three, the implementation of compulsory insurance system what is the benefit of the public?

The establishment of motor vehicle traffic accident liability compulsory insurance system is conducive to the road traffic accident victims to obtain timely and effective economic security and medical treatment; will help reduce traffic accident side of the economic burden; is conducive to the promotion of road traffic safety, through "retiring" rates of economic leverage, promote the driver to enhance safety awareness; is conducive to give full play to the role of insurance the function of social security, maintaining social stability.

Four, cross strong insurance and the commercial three liability insurance - what's the difference?

1, the principle of compensation is different. According to "road traffic safety law", for motor vehicle traffic accidents caused casualties, property loss, the insurance company in insurance liability limits the scope of compensation. And three commercial liability insurance, insurance company is to determine the liability of compensation according to the applicant or the insured due to traffic accident responsibility.

2, the scope of protection of different. In addition to the individual items of "Regulations" provisions, the compensation scope of compulsory insurance covers almost all road traffic liability risk. And three commercial liability insurance, insurance companies with different degree of regulations are deductible, franchise or exclusions.

3, mandatory. According to the "Regulations" provisions, the owner or manager should be insured motor vehicle compulsory insurance, at the same time, the insurance company can not deny coverage, and shall not delay the underwriting and may terminate the contract at.

4, different operating principles. According to the "Regulations" provisions, cross strong insurance to implement a unified national insurance clauses and the basic rate, the China Insurance Regulatory Commission for approval in accordance with the cross strong insurance business in general "no profit no loss" principle rate.

5, cross strong insurance implement breakdown liability.

Five, when the insurance system started? What people need to buy insurance?

According to the "Regulations" provisions, compulsory insurance system implemented in July 1, 2006. 3 months to buy compulsory insurance motor vehicle all people , managers from the effective date, and place the label of insurance in the insured vehicle.

Six, the original insured commercial three liability insurance is effective?

In July 1, 2006 before the implementation of compulsory insurance system, has been to buy commercial three liability insurance and the policy has not yet expired, the original three commercial liability insurance policy continues to be effective, the driver should carry the original or the insurance company insurance "policy dedicated seal" or "business dedicated seal" insurance policy (business copy, copy) for future reference. The original three commercial liability insurance expires, should be timely strong risk of the insured to pay.

Seven, what is the compulsory insurance liability limit?

Cross strong insurance liability limit refers to the insured motor vehicle road traffic accident, the maximum amount of compensation insurance companies take on each insured all the victims of the casualties and property losses. Cross strong insurance liability for death and disability compensation for 50000 yuan,Medical expensesLimit compensation for the compensation limit 8000 yuan, property damage compensation limit of 2000 yuan and the insured person in the road traffic accident with no responsibility. Limit compensation in which no responsibility respectively according to the above three limits 20%. The death and disability compensation without liability limit of 10000 yuan, the medical fee without liability limit of indemnity of 1600 yuan, loss of property without liability limit of indemnity of 400 yuan.

Eight, cross strong insurance to take what way "Jiangyoufalie" floating rate?

According to the "Regulations" provisions, cross strong insurance premium will be linked to illegal act of road traffic safety and road traffic accidents, safety drivers can enjoy preferential rates, traffic accidents will pay high premiums.

Nine, cross strong insurance can buy more than one?

Every vehicle only cover a compulsory insurance. The applicant needs to obtain higher responsibility, can choose three different buying commercial liability insurance liability limit.

How long is the ten period insurance, compulsory insurance?

"Regulations" provisions during the period of compulsory insurance, insurance for 1 years. Only four kinds of cases, the insured may insure within 1 years of short-term traffic insurance:

1, the overseas motor vehicle temporary entry;

2, motor vehicle traveling on the road temporarily;

Retirement period 3, from the provisions of the motor vehicle is less than 1 years;

The other case 4, CIRC provisions.

Eleven, buy insurance to pay strong is no longer buy commercial three liability insurance?

Cross strong insurance is mainly undertakes the basic guarantee of wide coverage. For more, more, more extensive protection high demand, consumers can buy in the compulsory insurance and voluntary purchase commercial three liability insurance and car damage insurance commercial insurance, make their own insurance have higher levels of.

The insurance company twelve, under what circumstances will pay the rescue expenses?

Road traffic accident with a sudden. In order to ensure the traffic accident victims can get timely and effective treatment, the "Regulations" provisions, in did not obtain a driver's driving qualifications or drunk, the insured motor vehicle stolen during the accident, the insured deliberately made the road traffic accident, the insurance company will pay the medical expenses in cross strong insurance compensation within the limit of the rescue expenses. At the same time for the advanced rescue costs, the insurance company shall have the right to recover the injurer.

Thirteen, what circumstances rescue fund will advance the victim rescue costs?

To save costs more than the motor vehicle traffic accident liability compulsory insurance liability limit; the vehicle did not participate in the compulsory motor vehicle traffic accident liability insurance; motor vehicle accident.

Fourteen, cross strong insurance death and disability and medical expenses project is what?

1, death and disability compensation project. Funeral expenses, death compensation,Traffic expense, disability compensation, disability assistance, equipment fees, nursing fees, rehabilitation costs, was dependent for living expenses, accommodation costs, delay costs, mental injury solatium (according to the judgment of the court or the mediation undertaken)

Project 2, compensation for medical expenses. The medical expenses, medical fees, hospitalization expenses, hospitalizationFood allowanceFee, follow-up treatment costs, plastic surgery, nutritional costs

Fifteen, cross strong insurance of the insured or the insurant rights?

The applicant or the insured except in accordance with the cross strong insurance clause in the insurance compensation for the accident, but also enjoy the following rights:

1, policyholders in insurance choices have engaged in cross strong insurance business qualification of the insurance company, the insurance company shall not refuse or delay the underwriting.

2, a cross strong insurance contract, the insurance company shall not force the insured to sign insurance contracts and proposed additional requirements.

3, the insurance company shall not rescind the insurance contract (except the insured on important matters not to perform such obligation).

4, the insured motor vehicle road traffic accident, the insured or the victims notify the insurance company, the insurance company shall give a reply immediately, inform the insured or the matters related to the specific compensation procedures.

5, the insured motor vehicle traffic accidents, by the insured to the insurance company for compensation insurance. An insurance company shall, within 1 days after receiving the application for compensation, written to inform the insured need to provide insurance and compensation of the relevant proofs and materials.

6, the insurance company shall, within 5 days from receipt of the insured to provide evidence and information of the day, make assessment of whether to liability insurance, and will notify the insured; do not belong to the insurance liability, it shall make a written explanation; on the part of the insurance liability, and 10 days after the insured a compensation insurance agreement, compensation insurance.

Sixteen, the applicant for insurance to pay strong what precautions?

The insured buys strong pay and pay attention to the following matters:

1, the insured, the applicant shall truthfully fill in the application form, disclosure of important matters to the insurance company, and provide the insured motor vehicle driving license and driving license copy;

2, a cross strong insurance contract, the applicant shall pay once all insurance premium. Not in the insurance clauses and insurance rates, the additional requirements to the insurance company;

3, should be placed in the insured motor vehicle insurance mark.

4, in the period of validity of the insurance contract, the insured motor vehicle for refitting, install, use nature changes lead to increase in the degree of risk, the insured shall timely notify the insurance company, and to revise procedures.

5, cross strong insurance contract, the insured shall timely renewal, and provide an annual insurance policy.

6, the insured motor vehicle traffic accident, the insured shall take timely rescue and protection measures are reasonable, necessary, and after the accident promptly notify the insurance company. At the same time, the insured shall actively assist the insurance company field investigation and accident investigation. Occurrence and insurance related arbitration or litigation, the insured shall immediately notify the insurance company.

Seventeen, under what circumstances can apply for refund?

Compulsory insurance shall not refund. Except for the following cases: the insured motor vehicle shall be cancellation of registration; the insured motor vehicle to stop; the insured motor vehicle by public security authorities confirmed loss. Insurance companies to refund the premium in accordance with the provisions of the corresponding.

Eighteen, what the insurance companies can handle cross strong insurance business?

Upon approval, Chinese Insurance Regulatory Commission has cross strong insurance business for the domestic insurance companies (detailed list can be found at the www.circ.gov.cn query) branch outlets in Beijing can buy insurance to pay strong, or through the insurance companies, insurance agency is "legal person license" or "concurrent business insurance agency license" legitimate sales outlets, or hold "the insurance agency practitioners Exhibition (hold) industry certificate" sales staff to buy insurance to pay strong.

Nineteen, after insurance the insured should pay attention to what?

1, specify the position of cross strong insurance mark onto the insured motor vehicle. Cross strong insurance mark is lost or damaged, should be timely to handle the relevant formalities insurance company.

In 2, cross strong insurance within the validity period of the contract, the insured motor vehicle for refitting, install, use nature changes lead to increase in the degree of risk, you should promptly notify the insurance company, and to revise procedures.

3, the insurance period of 1 years. The expiration of the contract, should be timely renewal, and provide an annual insurance policy. Insurance companies could not deny coverage, and shall not delay the underwriting.

Twenty, be or get out of danger after the insurer should pay attention to what?

The insured motor vehicle traffic accidents, you should pay attention to the following matters:

1, to take timely rescue and protection measures are reasonable, necessary;

2, timely notify the insurance company;

3, actively assist the insurance company for field surveying and accident investigation.

Twenty-one, the insured motor vehicle after a traffic accident you should provide the following materials on the insurance claim:

1, cross strong insurance policy;

2, the insured claims issued by the book;

3, the insured and the injured