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1、 If a traffic accident occurs between motor vehicles, the parties concerned shall be liable for damages in proportion to the responsibilities identified in the Letter of Identification of Traffic Accidents or the Letter of Identification of Accidents. 2、 If a traffic accident occurs between a motor vehicle and a non motor vehicle or a pedestrian, the motor vehicle party shall be liable for compensation for the damage caused by the traffic accident; However, if there is evidence to prove that non motor vehicle drivers and pedestrians have violated road traffic safety laws and regulations, and necessary measures have been taken to deal with motor vehicle drivers, the liability for damages of the motor vehicle party shall be reduced. The proportion of liability for motor vehicle damages shall be reduced in accordance with the following provisions:
1. If non motor vehicles and pedestrians bear full responsibility for the accident, their liability for damages shall be reduced by 80-90%;
2. If non motor vehicles and pedestrians are mainly responsible for the accident, their liability for damages shall be reduced by 60% - 70%;
3. If non motor vehicles and pedestrians are equally responsible for accidents, the liability for damages shall be reduced by 40-50%;
4. If non motor vehicles and pedestrians bear secondary responsibility for accidents, their liability for damages shall be reduced by 20% - 30%.
3、 If the loss in a traffic accident is intentionally caused by a non motor vehicle driver or pedestrian, the motor vehicle party shall not be liable for damages in the traffic accident.
If a traffic accident occurs between non motor vehicles or between non motor vehicles and pedestrians, resulting in personal injury or property loss, the parties concerned shall be liable for damages in proportion to the responsibilities identified in the Letter of Confirmation of Traffic Accidents or the Letter of Confirmation of Accidents.
If damage is caused by a traffic accident, mediation on compensation for traffic accident damage shall be conducted in accordance with the principles of fairness, reasonableness and voluntariness.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 6 The medical expenses shall be determined according to the medical expenses, hospitalization expenses and other collection vouchers issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the compensation obligor disagrees with the necessity and rationality of treatment, it shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the court debate in the first instance. The compensation obligee may file a separate lawsuit after the actual occurrence of the necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for organ function recovery training. However, the necessary expenses determined according to the medical certificate or the expert conclusion may be compensated together with the medical expenses already incurred.
Article 7 The lost time fee shall be determined according to the lost time and income of the victim.
The time of missing work is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim is disabled due to injury and continues to be absent from work, the time of absence from work may be calculated to the day before the date of disability determination.
If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to the average income of the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, he may calculate it by reference to the average wages of employees in the same or similar industries in the place where the court is located in the previous year.