Current, " law of safety of transportation of road of People's Republic of China " reach its relevant administrative regulations, to motor vehicle between the scale of liability to pay compensation of traffic accident did not make specific provision (court of a few places is considering making relevant provision with conference summary form) .
In judicatory practice, various people court is when the damages case that because accident of motor vehicle traffic is brought about,hears, in sentence lawfully make just join the insurance company that protect by accident responsibility above all applicable after handing in strong danger to undertake compensatory, if hand in what maximum indemnity norm can't compensate for strong danger, all consult cause trouble motor vehicle joins the business that keep 3 person the accident responsibility scale that risk insurance contract agrees, will decide scale of liability to pay compensation, sentence your insurance company is in commerce 3 person undertake compensatory inside limits of maximum indemnity norm nearly.
Each current home insurance company is aimed at commerce 3 person the accident responsibility scale that sets nearly basically is consistent. Be sure with Chinese people property Inc. is active " motor vehicle is integrated commercial clauses " medium " responsibility of motor vehicle a third party is safe " (commerce 3 person danger) (number: A01H2014102JZ02) the regulation is exemple, perhaps be chosen lawfully by safety motor-car one party in insurant when proper motion talks things over or accident of policeman branch processing did not decide accident responsibility scale, by what safety motor-car one party bears critical failure responsibility, accident responsibility scale is 70% ; By what safety motor-car one party bears coequal accident responsibility, accident responsibility scale is 50% ; By what safety motor-car one party bears minor accident responsibility, accident responsibility scale is 30% . But at the same time insurance contract also sets, involve administration of justice of arbitral perhaps program, with the court the legal copy clerk of ultimate go into effect is arbitral perhaps orgnaization accurate. This does not eliminate a court to meet according to party the each square fault degree, economic atmosphere float that makes certain pitch.
