Therefore, if there is a traffic accident between motor vehicles, the responsibility for the accident is the principle of fault. Therefore, under the premise that the responsibility cannot be determined, either party can prove that the other party is at fault and ask the other party to bear the responsibility according to the fault. If it is proved that both parties are at fault, they will share the responsibility in proportion to the fault. In other words, if there is evidence to prove that one party is at fault, it is also possible to overturn the responsibility letter that the traffic police have made that the accident responsibility cannot be determined by legal, effective and sufficient evidence. However, if neither party has corresponding evidence to prove that the other party is at fault, how can the responsibility be distributed? There is no further provision in the Road Traffic Safety Law. Lawyer Li Guangjian of Huzhou reminded that according to Article 4 of the General Principles of Civil Law, both parties can bear fair responsibilities. Although, from the actual situation of the accident, it is indeed possible that one party's responsibility is less than the other party's, because there is no corresponding evidence left at the scene of the accident to prove this, neither the traffic police nor the parties can prove the accident and restore the scene of the accident, thus proving that one party is at fault. Therefore, from the perspective of legal procedure, it is a more reasonable model to distribute the responsibilities of both parties with fair responsibilities.
Third, for traffic accidents between non-motor vehicles and non-motor vehicles, the responsibility for the accident cannot be determined. First of all, there is often a misunderstanding in practice, that is, traffic accidents occur between motor vehicles or between motor vehicles and non-motor vehicles, but many people usually ignore another situation, that is, traffic accidents occur between non-motor vehicles and non-motor vehicles, because according to the provisions of the Road Traffic Safety Law, the definition of "vehicle" in the second paragraph of Article 119 refers to "motor vehicles and non-motor vehicles", and the occurrence of traffic accidents should be consistent with the road, vehicle and party. Based on the above, if there is a road traffic accident between non-motor vehicles and the responsibility for the accident cannot be determined, the relevant provisions of the Road Traffic Safety Law and the General Principles of the Civil Law shall also apply. First of all, if either party can prove that the other party is at fault, it can reduce its responsibility. If it can be further proved that the other party intentionally caused a traffic accident, it may not be responsible. As for the fact that neither party can prove that the other party is at fault, then equally, the liability for compensation should be shared according to fair liability.
After the implementation of the new Road Traffic Law, the accident liability certificate issued by the traffic department of the public security organ has changed from the original specific administrative act to an evidence. As long as there is relevant evidence to prove that the other party is at fault, it can reduce its own responsibility. Therefore, in the process of traffic accident compensation, not only the identification of traffic accident liability can be used as the standard to determine the ultimate liability.
Then, in the above cases, if the parties are dissatisfied with the letter of confirmation that the traffic accident responsibility cannot be determined by the traffic management department of the public security organ, can they provide relief? If so, how to do it? If the responsibility for traffic accidents is not satisfied, it may be mitigated. According to Article 62 of the Code for Handling Traffic Accidents, the traffic administrative departments of public security organs at all levels shall set up a traffic accident handling expert group composed of traffic policemen with advanced traffic accident handling qualifications to be responsible for the examination and review of traffic accident identification. The traffic administrative department of the public security organ at a higher level shall supervise and inspect the traffic accident identification work of the organizer. If it is found in the inspection that there is an error in the traffic accident certificate or after receiving complaints from the masses, it shall make a decision to cancel the traffic accident certificate, and the organizer shall make a separate traffic accident certificate within the prescribed time limit. It can be seen that the parties concerned can make a review to the traffic management department of the public security organ at a higher level after making the confirmation of traffic accident responsibility. If it is verified,
In fact, in practice, it rarely happens that the traffic management department of the public security organ at a higher level cancels the traffic accident certificate. Therefore, another remedy for the parties is to bring a lawsuit to the court. In the process of litigation, the identification of traffic accident liability, which is also in the position of evidence, is overturned by obtaining evidence and presenting evidence.
If the traffic police department can't identify the traffic accident, it will lead to more complicated civil compensation in accident handling. Article 76 of China's Road Traffic Safety Law stipulates: "If a motor vehicle accident causes personal injury or property loss, the insurance company shall compensate it 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. " Measures for the Implementation of the Road Traffic Safety Law of the People's Republic of China in Zhejiang Province Article 59 The province implements the compulsory motor vehicle third-party liability insurance system according to law.
If a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation in advance within the corresponding compulsory third party liability insurance limit; If the motor vehicle does not participate in compulsory third-party liability insurance, the owner or manager of the motor vehicle shall make compensation within the corresponding compulsory insurance liability limit.
If a motor vehicle traffic accident causes personal injury or property loss and exceeds the liability limit of compulsory third party insurance, it belongs to a traffic accident between motor vehicles and shall be liable for compensation according to their respective fault proportions; In the event of a traffic accident between a motor vehicle and a non-motor vehicle or pedestrian, the motor vehicle party shall be liable for compensation. However, according to the provisions of Article 76 of the Road Traffic Safety Law, if there is evidence that non-motor vehicle drivers and pedestrians violate road traffic safety laws and regulations and the motor vehicle party has taken necessary measures, it shall be liable for compensation in accordance with the following provisions: (1) If the non-motor vehicle drivers and pedestrians are fully responsible for the accident, the motor vehicle party shall be liable for compensation of 10% to 20%. (two) non motor vehicle drivers and pedestrians bear the main responsibility for the accident, and the motor vehicle party shall bear 30% to 50% of the liability for compensation; (three) non motor vehicle drivers and pedestrians bear the same responsibility for the accident, and the motor vehicle party shall bear 60% of the liability for compensation; (four) non motor vehicle drivers and pedestrians bear secondary responsibility for the accident, and the motor vehicle party shall bear 70% to 90% of the liability for compensation. If a non-motor vehicle driver, pedestrian or stationary motor vehicle causes losses due to a traffic accident, the motor vehicle party shall not be liable for compensation.
To sum up, for a traffic accident that cannot be identified as an accident, after the lawsuit goes to the court, both parties will further prove the responsibility for the accident. Can't prove that the other party is at fault, take full responsibility for the accident; If you can prove that the other party is at fault, you should reduce your liability for compensation, that is, you should bear about 80% of the liability for compensation; If one party can prove that the other party has violated traffic regulations and taken necessary measures, it shall be handled in accordance with the relevant provisions of the Road Traffic Safety Law of the People's Republic of China.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.