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How to compensate for traffic accidents??

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How to compensate for traffic accidents??


        

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  • 2024-06-29 14:00:59

    After the loss caused by a traffic accident, ["how much loss" and "who should bear the loss"] are the issues that the victims are most concerned about. Article 76 of the Traffic Safety Law [stipulates that in case of traffic accidents between motor vehicles, motor vehicle drivers and non motor vehicle drivers, and between motor vehicles and pedestrians, the principle of strict liability applies to civil compensation], to reflect the protection of vulnerable traffic groups. Generally, the motor vehicle party shall bear civil liability. Unless it is proved that the damage was deliberately caused by the victim, the motor vehicle party shall not bear civil liability. If there is evidence to prove that the non motor vehicle driver and pedestrians are at fault and the motor vehicle driver has taken necessary measures to deal with it, the liability of the motor vehicle party can be reduced, with the reduced liability ranging from 10 to 50.
    If personal injury is caused, the compensation items and standards shall be calculated according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases. The items of personal injury compensation mainly include: medical expenses, lost time expenses, hospital board allowance, nursing expenses, disability compensation, disability auxiliary equipment expenses, funeral expenses, death compensation, living expenses of the dependants, transportation expenses, accommodation expenses, etc. Among them, the cost of lost time includes two parts, one is the cost of lost time caused by the party's inability to work during medical treatment and hospitalization, and the other is the cost of lost time due to handling the aftermath of traffic accidents.
    Article 76 of the Road Traffic Safety Law of the People's Republic of China
    If a traffic accident occurs to a motor vehicle and causes personal injury, death or property loss, the insurance company shall compensate within the limit of liability of the compulsory third party liability insurance for motor vehicles; The insufficient part shall be liable for compensation in accordance with the following provisions:
    (1) If a traffic accident occurs between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults.
    (2) If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation of not more than 10 percent.
    If the loss of a traffic accident is caused by the intentional collision of a non motor vehicle driver and a pedestrian with a motor vehicle, the motor vehicle party shall not be liable for compensation.

    No***

    2024-06-29 14:00:59

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