How to deal with the accident of electric vehicle retrograde?
Whether the electric vehicle needs compensation for a retrograde car accident depends on the accident responsibility identified by the traffic police: those who do not bear the accident responsibility will not bear the compensation responsibility. If the accident is your responsibility, you should compensate the other party for the loss in proportion to the responsibility.
How to divide the responsibility for traffic accidents
According to the provisions of Article 45 of the Procedures for Handling Traffic Accidents, the traffic administrative department of the public security organ shall, after investigation, determine the responsibility of the parties according to the role played by their actions in traffic accidents and the severity of their faults:
(a) traffic accidents caused by one party's fault, take full responsibility; If the parties escape, resulting in changes in the scene and loss of evidence, and the traffic management department of the public security organ cannot verify the facts of the traffic accident, the escaping parties shall bear all the responsibilities; If a party intentionally destroys, forges the scene or destroys evidence, it shall bear full responsibility;
(2) If a traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the role their actions played in the accident and the severity of the fault;
(3) If a traffic accident is caused, the parties are not at fault, and if it is a traffic accident, the parties are not responsible; If one party intentionally causes a traffic accident, the other party will not bear the responsibility.
(four) do not identify the responsibility for traffic accidents.
The public security organ cannot identify the responsibility of traffic accidents for every personal injury or property loss accident that occurs in road traffic. Due to various subjective and objective factors, if any party's illegal behavior cannot be determined by the public security organ, no party shall be held responsible for the traffic accident.
It is necessary to strictly limit the application of non-determination of traffic accident responsibility. First of all, it does not apply to cases where liability should be borne. Secondly, after the accident, the public security organs should do everything possible to collect evidence, find out the cause of the accident and confirm the illegal behavior of the parties. Only when it is really impossible to confirm any party's illegal behavior can the party's responsibility for traffic accidents not be determined.
(5) Presumption of traffic accident liability.
Presumption of traffic accident liability refers to the behavior that the public security organ fails to report the case or report it in time when the parties escape or intentionally destroy, forge the scene or destroy the evidence. When the responsibility for traffic accidents cannot be determined, the presumption of what kind of traffic accident responsibility the claimant should bear.
The premise of presumption of liability is not based on the illegal behavior of the parties before the accident, but on the behavior and conditions of the parties after the accident, that is, escape behavior, intentional destruction of the scene, forgery of the scene, destruction of evidence, conditional reporting without reporting or not reporting in time. However, not every party who commits the above acts is presumed to be the responsible party of the traffic accident. If the parties have the above acts, they can still identify the responsibility for traffic accidents, which should be identified. The presumption of traffic accident liability can only be applied if the public security organ cannot determine the traffic accident liability because of the above-mentioned behavior.
If a party escapes or intentionally destroys, forges the scene or destroys evidence, so that the responsibility for a traffic accident cannot be determined, it is presumed that he will bear full responsibility. If one of the parties has the conditions to report the case but fails to report it or fails to report it in time, so that the responsibility for the traffic accident cannot be determined, it is presumed that it will bear all the responsibilities. If the parties concerned fail to report the case or report the case in time, so that the responsibility for traffic accidents cannot be determined, they are presumed to bear the same responsibility. However, in the event of a traffic accident between a motor vehicle and a non-motor vehicle or pedestrian, it should be presumed that the motor vehicle side bears the primary responsibility and the non-motor vehicle or pedestrian side bears the secondary responsibility.
(6) fuzzy responsibility.
Whether it is the identification of traffic accident responsibility or the presumption of traffic accident responsibility, the public security organs specifically confirm the accident responsibility of the parties. However, in the practice of dealing with traffic accidents, there are still cases where some illegal acts of the parties are proved by sufficient evidence and some illegal acts cannot be confirmed because of insufficient evidence. In the case that some illegal acts of the parties cannot be confirmed due to insufficient evidence, the existence of illegal acts cannot be simply denied. Because the existence of this illegal act may change the responsibility of the parties to the accident, denying the existence of this illegal act will lead to disputes. Therefore, in the above circumstances, the responsibility of the parties to traffic accidents should not be specifically identified, but should be "vaguely" identified.
This concept of "fuzzy responsibility" means that all parties concerned are "responsible for traffic accidents". This concept logically comes from the stipulation that "the parties have illegal acts, and their illegal acts have a causal relationship with traffic accidents, and they should bear the responsibility for traffic accidents". When the public security organ judges that some illegal acts of the parties exist according to the existing evidence and have a causal relationship with the accident, and lacks sufficient evidence to confirm some illegal acts, it can determine that the parties are "responsible for traffic accidents". In this way, the specific amount of the parties' responsibility is "vague", while the qualitative provisions that they should bear the responsibility for traffic accidents are clear.
The above contents are related answers. Traffic accidents caused by retrograde are generally borne by the retrograde party. If this happens to both parties, then both parties may have to bear part of the responsibility, and the specific compensation needs to be divided according to the accident responsibility before making a decision. If you have other legal questions, you can consult the relevant lawyers.