According to Article 76 of the Road Traffic Safety Law of the People's Republic of China, if a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third-party liability insurance; The insufficient part shall be liable for compensation in accordance with the following provisions:
(1) In case of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions.
(two) motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and the non-motor vehicle drivers and pedestrians are not at fault, and the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation 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 not exceeding 10%.
The loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians deliberately colliding with motor vehicles, and the motor vehicle party is not liable for compensation.
Referring to Article 133 of the Criminal Law of People's Republic of China (PRC), the crime of causing traffic accidents; Crime of dangerous driving. In violation of traffic regulations, a major accident occurs, causing serious injury, death or heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
According to Article 133 of the Criminal Law of People's Republic of China (PRC), anyone who drives a motor vehicle on the road under any of the following circumstances shall be detained and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
Extended data
Referring to Article 72 of the Road Traffic Safety Law of the People's Republic of China, the traffic administrative department of the public security organ shall immediately send traffic police to the scene after receiving the traffic accident alarm, organize the rescue of the injured first, and take measures to restore traffic as soon as possible. The traffic police shall conduct an inquest and inspection on the scene of the traffic accident and collect evidence; Due to the need of collecting evidence, the accident vehicle may be detained, but it shall be properly kept for verification.
The traffic administrative department of the public security organ shall entrust a specialized agency to conduct a professional inspection of the physical and mental condition of the parties. The appraisal conclusion shall be signed by the appraiser.
Referring to Article 73 of the Road Traffic Safety Law of the People's Republic of China, the traffic administrative department of the public security organ shall, according to the on-site inquest, inspection, investigation and relevant inspection and appraisal conclusions of the traffic accident, make a traffic accident identification in time as evidence for handling the traffic accident. The traffic accident certificate shall state the basic facts, reasons and the responsibilities of the parties, and shall be served on the parties.
With reference to Article 74 of the Road Traffic Safety Law of the People's Republic of China, the parties may request the traffic administrative department of the public security organ for mediation, or directly bring a civil lawsuit to the people's court. After mediation by the traffic administrative department of the public security organ, if the parties fail to reach an agreement or fail to perform the mediation after it takes effect, the parties may bring a civil lawsuit to the people's court.
With reference to Article 75 of the Road Traffic Safety Law of the People's Republic of China, medical institutions shall promptly rescue the injured in traffic accidents, and shall not delay the treatment because the rescue expenses are not paid in time. If the vehicle involved in the accident participates in compulsory motor vehicle third-party liability insurance, the insurance company shall pay the rescue expenses within the liability limit; Rescue expenses exceed the liability limit, and did not participate in compulsory motor vehicle third-party liability insurance or escape after the accident, the road traffic accident social assistance fund shall advance part or all of the rescue expenses, and the road traffic accident social assistance fund management institution has the right to recover from the person responsible for the traffic accident.
Public Security Traffic Management Bureau of Beijing Public Security Bureau-Road Traffic Safety Law of the People's Republic of China
Official Website of Xishuangbanna Public Security Bureau-People's Republic of China (PRC) Criminal Law