1. As this accident has constituted a traffic accident crime, the criminal responsibility of the driver must be investigated at present. If there are no escape, drunk driving and other bad circumstances, in principle, the lightest punishment is 1~3 years in prison; You must pay the legal responsibility ~
Insurance only loses money. Insurance has nothing to do with criminal law.
2. As a car owner, if there is evidence to prove that the driver involved in the accident has an employment relationship with him, if the driver involved in the accident cannot bear the liability for compensation, the car owner is likely to be sentenced to bear joint civil liability and bear the civil liability for compensation of the accident victim to the maximum extent; However, it must be made clear that the owner is not the first person directly responsible for the accident and will not bear criminal responsibility in traffic accidents, which has nothing to do with the attitude of the owner.
3. If one person dies, he shall be sentenced to fixed-term imprisonment of not more than three years for the crime of causing traffic accidents.
On whether the driver who caused the accident should bear criminal responsibility;
(1) First of all, the traffic police force should identify the responsibility, which is the premise and foundation of criminal responsibility and civil compensation. If the driver bears full or major responsibility and causes one death, it constitutes a traffic accident crime and is sentenced to fixed-term imprisonment of not more than three years or criminal detention; If it can be determined that escaping from legal investigation after a car crash constitutes an escape, it shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; If the victim escapes legal sanctions after a traffic accident, and the victim dies because he can't get help, he should be sentenced to more than 7 years (15 or less).
(2) Because the identification of responsibility for traffic accidents is a very complicated matter, many factors need to be considered comprehensively. The situation you introduced is relatively simple, and some details on the scene may not be very clear, so it is difficult for me to make an accurate judgment on the responsibility of drivers. However, if the victim does not violate the rules, it can basically be determined that the driver should bear all or the main responsibility.
(3) Whether it constitutes the crime of escape. Escape after a traffic accident is a legal concept, which has its specific constituent elements. First of all, evading legal investigation must be subjective; Secondly, the premise of escape must be one of the following situations:
(1) Causing one person to die or more than three people to be seriously injured, and taking full or main responsibility for the accident.
(2) An accident in which three or more people died and were equally responsible.
(3) Causing direct losses to public property or other people's property, bearing all or the main responsibility for the accident, and unable to compensate for the amount of more than 300,000 yuan.
(four) traffic accidents caused serious injuries to more than one person, and bear all or the main responsibility for the accident, as well as driving a motor vehicle after drinking or taking drugs.
(five) traffic accidents caused serious injuries to more than one person, who was fully or mainly responsible for the accident and was not qualified to drive a motor vehicle.
(six) driving a motor vehicle traffic accident caused serious injuries to more than one person, bear all or the main responsibility for the accident, and know that the safety device is incomplete or the safety components fail.
(seven) a traffic accident caused serious injuries to more than one person, and bear all or the main responsibility for the accident, knowing that he is driving an unlicensed or scrapped motor vehicle.
(eight) traffic accidents caused more than one serious injury, bear all or the main responsibility for the accident, and seriously overload.
4. If any of the above preconditions are not met, even if the driver evades legal investigation, it does not constitute an escape in criminal law.
Death caused by escape refers to the situation that after a traffic accident, the actor escapes to avoid legal investigation, resulting in the victim's death because he can't get help.
Extended data
1, a kind of insurance widely carried out in China, takes automobiles, trams, battery cars, motorcycles, tractors and other motor vehicles as the subject matter of automobile insurance. Vehicle insurance can be divided into commercial insurance and compulsory insurance. Commercial insurance includes vehicle main insurance and additional insurance.
2. The main risks of commercial insurance include vehicle loss insurance, third party liability insurance, vehicle personnel liability insurance, vehicle theft and emergency rescue. Motor vehicle loss insurance covers the insured vehicle against natural disasters or accidents within the scope of insurance, resulting in the loss of the insured vehicle itself, and the insurer shall make compensation in accordance with the provisions of the insurance contract. Motor vehicle third-party liability insurance, for the insured or its allowed qualified drivers in the process of using the insured vehicle, causing personal injury or property losses to a third party, the amount that should be paid by the insured according to law is also compensated by the insurance company. Vehicle theft and rescue refers to:
(a) the insured motor vehicle (including the insured trailer) has been stolen, robbed or robbed, and the whereabouts of the insured motor vehicle have been unknown for 60 days after investigation by the public security criminal investigation department at or above the county level.
(2) Reasonable expenses for repairing the insured motor vehicle after it is stolen, robbed or robbed, or causing loss of parts and accessories on the vehicle.
(3) In the event of an insured accident, the necessary and reasonable rescue expenses paid by the insurer to prevent or reduce the loss of the insured motor vehicle shall be borne by the insurer, and the maximum amount shall not exceed the insured amount. The losses in three cases are compensable. On-board personnel liability insurance refers to the cost loss caused by the accident of the insured vehicle (not intentional by the actor, but unforeseen and irresistible emergencies cause casualties or property losses), and the necessary and reasonable rescue and protection expenses paid to reduce the losses, and the insurance company shall be liable for compensation.
3. Additional risks include glass breakage alone, vehicle stop loss, spontaneous combustion loss, new equipment loss, engine water intake, no-fault liability insurance, scooter cost insurance, car body scratch loss insurance, special clauses excluding odds, and on-board cargo liability insurance.
References:
Baidu encyclopedia-vehicles insurance