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Who will compensate for the injuries caused by the tire blowout

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Who will compensate for the injuries caused by the tire blowout


        

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  • 2024-06-16 10:01:41

    Traffic accident caused by tire burst. If there is evidence that the tire burst is caused by repair, the repair party can be responsible for it. If the tire burst is caused by tire quality problems, the vehicle manufacturer can be sued. For the traffic accident caused by tire blowout, the insurance company will settle the claim according to the claim terms of tripartite insurance or vehicle damage insurance, and the insurance company will deduct 20% of the franchise rate. According to Article 46 of the Product Quality Law and Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases, if a motor vehicle has product defects that cause damage in a traffic accident, it may request the producer or seller to bear tort liability

    Legal basis

    Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases, if a party requests the infringer to compensate for the following property losses caused by a road traffic accident, the people's court shall support it: (1) the costs of repairing the damaged vehicle, the loss of the items contained in the vehicle, and the costs of vehicle rescue; (2) If the vehicle is lost or cannot be repaired, it is the replacement cost of the vehicle equivalent to the value of the damaged vehicle at the time of the traffic accident; (3) Reasonable outage losses caused by the inability of vehicles engaged in commercial activities such as cargo transportation and passenger transportation according to law to engage in corresponding business activities; (4) The reasonable expenses of the ordinary alternative transportation vehicles due to the inability of non operating vehicles to continue to be used.

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