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Responsibility for collision of large vehicle and electric vehicle

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Responsibility for collision of large vehicle and electric vehicle


        

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  • 2024-06-17 09:00:01

    The division of responsibility for collision between electric vehicles and motor vehicles, and the responsibility for collision between non motor vehicles and motor vehicles shall be determined by the traffic police department.

    The main responsibility division standard: the compensation for personal damage caused by traffic accidents should first be accompanied by the accident responsibility identification letter issued by the traffic police department, which is the beginning of all compensation liability bases. For personal injury caused by traffic accidents, the main compensation scope includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost time expenses, one-time disability subsidies, mental damage compensation, etc. The establishment is based on the disability level identification. The disability grade appraisal is conducted by a special appraisal institution.

    Legal basis

    Article 70 of the Road Traffic Safety Law of the People's Republic of China, in case of a traffic accident on the road, the vehicle driver shall stop immediately to protect the scene; If personal injury or death is caused, the driver of the vehicle shall immediately rescue the injured and promptly report to the traffic police on duty or the traffic control department of the public security organ. If the scene is changed due to rescuing the injured, the location shall be indicated. Passengers, drivers of passing vehicles and pedestrians shall provide assistance. If a traffic accident occurs on the road, without causing personal injury or death, and the parties have no dispute about the facts and causes, they can immediately leave the scene, resume traffic, and negotiate on their own to deal with the matter of compensation for damages; If they do not leave the scene immediately, they shall promptly report to the traffic police on duty or the traffic management department of the public security organ. If a traffic accident occurs on the road, which only causes minor property losses, and the basic facts are clear, the parties shall first leave the scene and then negotiate for settlement.

    Article 76 of the Road Traffic Safety Law of the People's Republic of China, in the event of a traffic accident involving a motor vehicle causing 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.

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