The principle of road traffic accident compensation

							The principle of road traffic accident compensation
Accident Compensation should normally follow the following principles:
(A) only the direct economic loss compensation
Property damage caused by traffic accidents, including direct losses and indirect
losses. Speak from the Civil Code, the victim's loss of property should be
full compensation for the loss is the actual loss suffered by the victim, including the
direct reduction and loss of property "may be of interest," the
indirect losses. The so-called "possible benefits", is based on
"reasonably foreseeable" rule, the parties have been or should
have foreseen the inevitable can be the "expected return."
However, legislation can also be used to "reasonable restrictions on the
rules," limits on compensation. Therefore, the "Road Traffic
Safety," provides for compensation only when the production of direct
losses. Direct loss of property means the real value of property damage accidents,
including the damaged vehicles, goods, roads, facilities, buildings and livestock. As
for direct loss caused or linked to a loss of other benefits available, it is indirect losses,
damages not in the list of traffic accidents.
(B) assume responsibility for damages in accordance with traffic
This is an important principle Accident Compensation, Accident greater responsibility,
commitment to the higher proportion of damages, no responsible party traffic, not
liable for damages, unless otherwise provided by law. Average compensation ratio:
100% full responsibility, primary responsibility for 60 to 90% 50% equal
responsibility, a secondary responsibility to a 40% 10.
(C) motor vehicle no-fault compensation for the negative side
As a high-speed transport vehicle, causing non-motor vehicles in operation or
pedestrian injury. According to China Road Traffic Act 76 provides that even if the
party no-fault motor vehicle, motor vehicle reflected in a road accident live traffic
side responsible for the accident, should be liable for damages.
(Iv) personal injury, in addition to compensation for the resulting property losses, but
also a certain amount of solatium compensation
Personal injury is a non-property damage, including harm to human life and health
damage. Such damage includes both the resulting property damage, such as medical
expenses, loss of working time lost, etc.; also includes the family mental damage. To
the family of the deceased to give some compensation for the death, is a family of the
deceased in emotional.
(E) fair and reasonable
In road traffic deaths and injuries occurred in or loss of property can not be
determined by the public security agencies in the investigation of any offense caused
by one of the parties, the public security organs that accidents can not confirm the
parties responsible, and thus unable to confirm whether the parties should bear and
how to take damages. At this point the relevant provisions under civil law, should
have been according to specific circumstances. By the parties fair and equitable
sharing of damages.
Compensation is voluntary approach under the relevant provisions of traffic accidents,
closed after mediation in the public security organs the right to pay damages to the
cost of behavior. Under normal circumstances, the obligor is liable those responsible
for traffic accidents, if the motor vehicle driver on duty in a traffic accident, traffic
accidents and has a responsibility, obligation to compensate people for all motor
vehicle drivers or unit people. However, according to the relevant provisions of civil
law, only state agencies or state personnel in performing their duties, the violation of
citizens, legal persons damage the legitimate rights and interests before the state
authorities to bear civil liability. So the driver or vehicle owner is the unit of state
organs, the unit or the motor vehicle shall bear all the legal obligation of reparation.
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