Traffic accident liability refers to the responsibility of vehicle drivers, pedestrians, passengers and other persons who carry out traffic-related activities on the road for personal or property damage due to violations of the Road Traffic Safety Law of the People's Republic of China and other road traffic management laws and regulations or faulty behaviors.
Netizen consultation:
What is the order of compensation for the main body responsible for traffic accidents?
Lawyer answers:
If the damage caused by a traffic accident of a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer who underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance;The shortfall shall be compensated by the insurer underwriting the commercial motor vehicle insurance in accordance with the provisions of the insurance contractIf it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
Lawyer adds:
If a road traffic accident occurs in the insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the liability limit of the compulsory insurance for motor vehicle traffic accident liability in accordance with the law. Compulsory liability insurance for motor vehicle traffic accidents implements a uniform liability limit nationwide. Liability limits are divided into death and disability compensation limits, medical expense compensation limits, property damage compensation limits, and compensation limits for the insured who is not liable in road traffic accidents. If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.
In any of the following circumstances, the insurance company shall pay the rescue expenses within the limits of the compulsory insurance liability for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim:
1) The driver is not qualified to drive or is intoxicated;
2) The accident is caused during the theft and robbery of the insured motor vehicle;
3) The insured intentionally causes a road traffic accident.
In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.
Legal basis] Civil Code of the People's Republic of China
Article 1213 Where damage is caused by a traffic accident involving a motor vehicle and is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory motor vehicle insurance shall first compensate within the limits of the liability of the compulsory insurance;The shortfall shall be compensated by the insurer underwriting the commercial motor vehicle insurance in accordance with the provisions of the insurance contractIf it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
Brief introduction of lawyer Fang Weizheng
Professional and responsible.