Assembled cars refer to cars that violate the relevant regulations of the state on the production of automobiles and assemble them with parts and components without permission. Assembled cars generally have the problems of poor quality, high cost, most of them do not meet the safety inspection and operation technical standards, and some also cause accidents due to assembly technical problems. Therefore, assembling a car is an act prohibited by the state.
Netizen consultation:
Who is responsible for compensation in the event of a traffic accident in the assembled car
Lawyer answers:
Liability standard after the traffic accident of the assembled vehicle: If the assembled or scrapped motor vehicle is transferred by sale or other means, and the damage caused by the traffic accident occurs, the transferor and the transferee shall bear joint and several liability. The traffic management department of the public security organ shall confiscate the assembled motor vehicle, forcibly scrap it, and impose a fine of not less than 200 yuan but not more than 2,000 yuan, and revoke the motor vehicle driver's license.
Lawyer adds:
Personal ** refers to the damage caused by the infringement of the personal rights and interests of the infringed person such as the right to life, the right to body, and the right to health in a traffic accident of a motor vehicle. Those who infringe upon others and cause personal injuries shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation;If death is caused, funeral expenses and death compensation shall also be compensated.
Where a party requests compensation from the infringer for the following property losses caused by a road traffic accident, the people's court shall support it:
1) The cost of repairing the damaged vehicle, the loss of the items contained in the vehicle, and the cost of rescuing the vehicle;
2) Due to the loss or irreparability of the vehicle, the replacement cost of the vehicle is equivalent to the value of the damaged vehicle at the time of the traffic accident;
3) Reasonable suspension losses caused by the inability to engage in corresponding business activities of vehicles engaged in cargo transportation, passenger transportation and other business activities in accordance with the law;
4) The reasonable cost of replacing the first tool of the non-commercial vehicle due to the inability to continue to use.
[Laws and Regulations].
Article 1214 of the Civil Code of the People's Republic of China.
If a motor vehicle is assembled or has reached the scrapping standard is transferred by sale or other means, and the damage is caused by a traffic accident, the transferor and the transferee shall be jointly and severally liable.
Article 100 of the Road Traffic Safety Law of the People's Republic of China.
If you drive an assembled motor vehicle or a motor vehicle that has reached the scrapping standard on the road, the traffic management department of the public security organ shall confiscate it and force it to be scrapped.
Drivers who drive the motor vehicles listed in the preceding paragraph on the road shall be fined not less than 200 yuan but not more than 2,000 yuan, and their motor vehicle driver's license shall be revoked.
Article 76 of the Road Traffic Safety Law.
If a motor vehicle causes physical or property damage in a traffic accident, the insurance company shall compensate within the limits of the compulsory liability insurance for the third party liability of the motor vehicleThe insufficient part shall be liable for compensation in accordance with the following provisions:
1) In the event of a traffic accident between motor vehicles, the party at fault shall be liable for compensation;Where both parties are at fault, responsibility is to be shared in proportion to their respective faults.
2) In the event of a traffic accident 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 shall be liable for compensation;There is evidence to prove that the driver or pedestrian of a non-motor vehicle is at fault;
According to the degree of fault, the liability of the motor vehicle party shall be appropriately reduced;If the motor vehicle party is not at fault, it shall bear no more than 10% of the liability for compensation. If the loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian intentionally colliding with a motor vehicle, the motor vehicle party shall not be liable for compensation.
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