Compulsory insurance of liability of accident of motor vehicle traffic (abbreviation " make strong narrow pass " ) it is the compulsory insurance that our country executes first times by state law regulation. " byelaw of compulsory insurance of liability of accident of motor vehicle traffic " regulation: Making strong narrow pass is to be being produced by safety motor-car by insurance company road transportation accident creates a victim (do not include this car personnel and insurant) loss of person casualties, belongings, give inside liability limit of compensation mandatory responsibility is safe.
The netizen seeks advice:
I drive 2 rounds autocycle travel arrives turning, from the back car of a right Xiang Chao of 2 rounds of autocycle and my barge against, she is right leg ligament gets hurt, muscle is broken, our autocycle does not have insurance. Hear law of new liaison man does not have insurance, do not have a thing want prepaid 10 thousand to occupied one party, want to seek advice?
Gao Fei of office of attorney of Anhui country constant's lawyer solves:
Because motor vehicle ought to pay compulsory insurance, so, below the circumstance that did not pay compulsory insurance, a responsible, inside the limits of compulsory insurance, it is 110 thousand yuan limits inside, sum is assumed, exceed this amount, partaking according to fault degree
Gao Fei's lawyer is compensatory:
Did not buy the motor vehicle car that makes strong narrow pass to produce traffic postaccident, party requests to cast protect obligor making strong narrow pass give inside limits of compensation, people court should support, send the case that protecting obligor and actual infringer is not same individual, both should be compensated for jointly.
Strong danger compensates for limits to be as follows:
The maximum indemnity norm with responsible in road transportation accident motor vehicle:
1, death disables maximum indemnity norm (assistor of compensation of the traffic charge that includes funeral expenses, death to compensate cost, victim relative to deal with defray of mortuary matters concerned, disability, deformity has cost, nurse cost, rehabilitation cost, transportation expenses, be lived by bring up life cost of cost, accommodation, , the spirit that court of insurant according to adjudicates or mediation assumes damages solatium) : 110000 yuan of RMBs
2, maximum indemnity norm of medical treatment charge: 10000 yuan of RMBs
3, belongings loss maximum indemnity norm: 2000 yuan of RMBs
" top people court about hearing case of damages of road transportation accident applicable law the explanation of a certain number of problems " the 19th the first section provision: "Did not cast lawfully protect the motor vehicle that makes strong narrow pass to produce traffic accident to cause damage, party requests to cast protect obligor falling limit of strong danger liability give inside limits of compensation, people court should grant to support. People court should grant to support..
Partner of office of attorney of Anhui country constant, committee member of committee of major of Hefei city bar association administrative law, legal system of Anhui TV station is spatio-temporal hire dimension authority lawyer especially, the home has Anhui TV station lawyer of honored guest of good major issue.
Law of general of Gao Fei's attorney:
" byelaw of compulsory insurance of liability of accident of motor vehicle traffic " the everybody of the 2nd motor vehicle in the travel on road of churchyard of People's Republic of China perhaps manages a person, ought to according to " law of safety of transportation of road of People's Republic of China " the regulation is cast defend compulsory insurance of liability of accident of motor vehicle traffic.
" law of tort of tort of People's Republic of China " the 49th regulation: "Because rent, use etc everybody of case motor vehicle and when making choose and employ persons is not same person, produce traffic postaccident to attribute responsibility of one party of this motor vehicle, give inside range of limit of liability of motor vehicle compulsory insurance by insurance company compensation. Be not worth a part, by motor vehicle use person assumes everybody of motor vehicle of; of liability to pay compensation to have fault to damaged happening, assume corresponding liability to pay compensation " . This made clear motor vehicle to use, traffic postaccident liability to pay compensation happens to assume below the circumstance that rent, be in by insurance company first namely " make strong narrow pass " compensation of the go ahead of the rest inside limitation, compensate for by use person again, the person that rent, lender does not assume liability to pay compensation namely without fault. As a result of insurance company intervening compensation, the victim can win relatively seasonable compensation commonly. But of this law clause carrying out is to build all cast in all motor vehicle protect " make strong narrow pass " below the circumstance, too Utopian rather, there are a large number of motor vehicles to was not cast in reality protect " make strong narrow pass " , produce traffic postaccident, how to protect victim interest better, make the victim gets be compensatoried effectively crucial.
