Guest Documents
Mao: Chief lawyer of Jiangsu Law Firm, a well-known lawyer in Jiangsu Province, and one of the top ten lawyers in Suzhou.
Zhou Baosheng: Partner lawyer of Mingkai Law Firm
Shi: Intern lawyer of Mingkai Law Firm
The pedestrian is fully responsible for the accident. Does the driver have to pay compensation?
Mr. Qian: Half a month ago, I was driving normally, and suddenly I encountered a person who climbed over the fence and was hit by my car. Afterwards, the public security agency determined that the man was fully responsible for the accident. Do I need compensation?
Mao: For the personal injuries of pedestrians caused by this traffic accident, the insurance company of the motor vehicle shall first compensate within the limit of the compulsory third party liability insurance, and the shortfall shall be borne by the motor vehicle party, not exceeding 10%. Liability. For situations where the motor vehicle party is not at fault, according to previous regulations, the motor vehicle party shall bear 10-20% of the responsibility. With the revision of the Traffic Law, this has been revised to the current liability limit of no more than 10. What needs to be made clear is that assuming liability that does not exceed 10 does not mean that compensation should be based on a ratio of 10, but that the compensation ratio should be appropriately determined within this range based on the specific circumstances of the traffic accident.
Where should I file a lawsuit if I am hit by a car out of town?
Mr. Li: Last year, I drove a car and collided with a truck on the Shanghai-Suzhou National Highway. The accident left me with a grade 8 disability. The public security organs determined that the other party was primarily responsible, but the two parties failed to reach an agreement on compensation through negotiation. In which court should the lawsuit be filed?
Zhou Baosheng: Your lawsuit can be filed with the court where the accident occurred or with the court where the defendant is located. Both courts are permitted by law. But relatively speaking, it is more convenient for you to file a lawsuit in the local court. At the same time, you should also pay attention to another issue. The current compensation standard is calculated according to the relevant standards of the court where the lawsuit is filed. If you file a lawsuit in Shanghai court, the compensation standard you can get will be higher than that in Suzhou. So, you can weigh the two scenarios yourself.
If you hit the other party with a car and injure the other party, you can mediate directly, right?
Mr. Sun: An agricultural vehicle I drove collided with a yellow croaker truck, causing the other party's leg bone to be broken. Later, the public security organ sent both parties to the accident handling department for mediation, but did not send me the accident determination letter. I want to ask is this right?
Shi Weixian: This is wrong. According to laws, regulations and the provisions of the Ministry of Public Security, traffic accident mediation hosted by the public security agency must be based on the voluntariness of both parties. At the same time, the prerequisite for mediation should be to ascertain the facts and distinguish right from wrong. Conducting mediation when the responsibility for the accident has not yet been determined is a clear violation of this provision. According to regulations of the Ministry of Public Security, after a traffic accident occurs, the public security agency shall make a traffic accident determination within 10 working days from the date of on-site inspection. Therefore, the public security organs shall serve the accident determination letter to the parties in accordance with these regulations, and the parties shall choose and determine the methods and channels for handling the accident on this basis.
Does driving and causing serious injuries to two pedestrians constitute a traffic accident?
Mr. Wang: A friend of mine was driving on an elevated highway and hit two pedestrians and was seriously injured. The public security organs determined that my friend was primarily responsible. Could my friend be guilty of causing a traffic accident?
Mao: This cannot be established. According to the provisions of the Criminal Law and the judicial interpretation of the Supreme Court, the crime of traffic accidents should generally be constituted to the extent that one person dies or three or more people are seriously injured, and they are fully or mainly responsible for the accident, or three people or less who die are equally responsible for the accident.
Therefore, the consequences caused by your friend have not yet reached such legal standards, but for some special circumstances, as long as one person is seriously injured in a traffic accident and bears all or major responsibility for the accident, he will still be punished as a traffic accident crime, such as
Can I claim for damages caused by a rear-end collision that caused severe flameout?
Ms. Zhao: I am a good sister. Late last year, my car was severely damaged after being rear-ended by a concrete loader. I was out of work for a month while the repairs were being made. In addition to the repair costs of the car, can I ask the other party to compensate me for the stop loss?
Zhou Baosheng: According to relevant regulations, if a traffic accident causes operating losses to operating vehicles, the other party can be required to compensate in proportion to the accident. However, it should be noted that when settling a claim, relevant data on the operating status recorded by GPS during the three to six months before the accident should be provided, and relevant elements for reasonable deduction of operating losses should be provided. You can also apply to the court for appraisal of the specific circumstances of operating losses. On this basis, the court will make a judgment based on the actual circumstances of the case.
What certificates and certificates are needed to sell a used car?
Ms. Xie: I have a car that has been driving for five years and I want to sell it. There is a clause in the contract provided by the intermediary company that requires the seller to provide complete legal certificates and credentials. I would like to ask, what do these certificates and credentials include?
Shi Weixian: According to the regulations on second-hand car circulation management by relevant ministries and commissions, legal certificates and certificates in second-hand car transactions mainly refer to: motor vehicle registration certificate, motor vehicle driving license, valid inspection mark, vehicle purchase Tax payment certificate, road maintenance fee payment certificate, vehicle and vessel use tax payment certificate, and vehicle insurance policy.
How to claim compensation for death due to traffic accident?
Mr. Ge: A relative of mine died in a traffic accident last year. In which year should I file a claim against the other party? In addition, I always spend more than 40,000 yuan due to funerals. Can I ask the other party to compensate based on actual losses?
Mao: The first question you asked, that is, the compensation standard, should be based on the per capita disposable income and related statistical data published by the government statistics department in the previous year where the appeals court is located (province, autonomous region, municipality). calculate. The last year mentioned here refers to the last year in which the court issued its judgment, not the last year in which the accident occurred.
As for your second question, according to relevant regulations, funeral expenses are calculated based on fixed compensation, that is, based on the average salary of employees in the previous year where the court is located. Therefore, your request for compensation based on actual expenses is difficult to be supported by the court.