Analysis of common legal issues in traffic accidents
1. When the motor vehicle driver is not the same person as the registered owner, how should liability be assumed after a traffic accident?
2. According to Article 49 of the Tort Liability Law, the compulsory traffic insurance shall first bear liability within the insurance limit. For the insufficient part, in principle, the motor vehicle user shall bear it, except when the registered owner is at fault. So, how is the registered owner considered at fault?
3. The registered owner is deemed at fault under any of the following circumstances:错：
4. (1) Knowing or should have known that the motor vehicle had a defect, and that defect was one of the causes of the traffic accident;
5. (2) Knowing or should have known that the driver did not have a driving license or had not obtained the corresponding driving qualification;
(3) Knowing or should have known that the driver is unable to legally drive a motor vehicle due to alcohol consumption, use of state-controlled psychotropic drugs or narcotics, or suffering from a disease that hinders safe driving;
(4) Other circumstances where the motor vehicle owner or manager should be found at fault.
2. How should liability be determined for traffic accidents involving affiliated vehicles?
Before the issuance of judicial interpretations, court rulings across different regions varied significantly, generally falling into four categories:
(1) Ruling that the affiliate and the affiliated entity bear joint liability;
(2) Ruling that the affiliated entity bears no liability, with all losses to be borne by the actual vehicle owner;
(3) If the judgment holds the affiliated entity liable for supplementary liability, this outcome is not operable in judicial practice, and many victims' losses often remain unenforced.
(4) If the judgment holds the affiliated entity liable for supplementary liability within the scope of management fees collected, this approach also fails to maximize compensation for victims' losses. The issuance of judicial interpretations has provided courts nationwide with a unified adjudication standard, namely that the affiliate and the affiliated entity bear joint and several liability. This approach can more fully compensate victims for their losses.
3. If a vehicle is privately transferred without completing the registration transfer procedures, how should liability be determined?
This issue is addressed in two scenarios.
First, if there is only one transfer without completing the registration transfer procedures, according to Article 50 of the Tort Liability Law, the actual transferee should bear the liability.
Second, if there are multiple transfers without completing the registration transfer procedures, according to the judicial interpretation, the transferee of the last transfer and delivery shall bear the compensation liability.
4. How should liability be determined when a vehicle with counterfeit plates is involved in a traffic accident?
According to judicial interpretations, if the liability falls on the motor vehicle party, the owner or manager of the counterfeit-plated vehicle shall bear compensation liability. If the owner or manager of the vehicle whose plates were counterfeited consented to the use of their plates, they shall bear joint liability.
5. How should liability be determined when a privately transferred assembled or scrapped vehicle is involved in a traffic accident?
When an assembled or scrapped vehicle is privately transferred and involved in a traffic accident, according to Article 51 of the Tort Liability Law and the latest judicial interpretations, the transferor and transferee shall bear joint compensation liability.
6. How should liability be determined when a student is involved in a traffic accident during driving school training, between the driving school and the student?
According to judicial interpretations, the driving school training institution shall bear compensation liability.
7. If you want to buy a car and a traffic accident occurs during a test drive, who should bear the responsibility?
During a test drive, if a traffic accident occurs, the party providing the test drive service should bear the compensation liability, but if the test driver is at fault, the compensation liability of the service provider should be reduced.
8. If a traffic accident occurs while driving on a defective road, who should bear the responsibility?
The road manager should bear the corresponding compensation liability, unless the road manager can prove that they were not at fault.
9. If a vehicle that is not qualified to enter the highway is involved in a traffic accident, who should bear the responsibility?担?
According to Article 76 of the Tort Liability Law, if a person enters a high-risk activity area or a high-risk substance storage area without permission and suffers damage, and the manager has taken safety measures and fulfilled the duty of warning, liability may be reduced or exempted.
10. If items are piled, dumped, or spilled on the road, obstructing traffic, and a traffic accident occurs, how should liability be determined?
In such a case, the actual perpetrator shall bear liability. If it can be proven that the road manager was at fault, the manager shall bear corresponding liability.
11. If a traffic accident is caused by a defect in a motor vehicle, who should bear compensation liability?
In this case, it constitutes a product liability dispute. The party may claim rights against the vehicle seller or manufacturer on the grounds of product defect.
12. If multiple motor vehicles are involved in a traffic accident causing injury to the same person, how should liability be determined?
In such a case, the liability should be shared among multiple tortfeasors according to their degree of fault.
13. Does "personal injury" in the Road Traffic Safety Law include compensation for mental distress?
This issue was highly debated before the issuance of the judicial interpretation, especially with insurance companies raising the most objections. The current judicial interpretation has clearly stipulated that "personal injury" includes compensation for mental distress.
14. After a traffic accident involving a commercial vehicle, can compensation for loss of operating income be claimed?
This issue was also addressed in previous Supreme Court replies, but the wording was vague, and there was no uniform standard in judicial practice. According to the new judicial interpretation, reasonable claims for loss of operating income should be supported.
15. After a traffic accident involving a non-commercial vehicle, should reasonable expenses incurred for using alternative transportation be supported?
According to the latest judicial interpretation, the reasonable costs of alternative transportation incurred due to the inability to continue using a non-commercial vehicle should be supported by the people's court.
16. What is the litigation status of the compulsory traffic insurance company?
According to the judicial interpretation, the compulsory traffic insurance company is listed as a co-defendant.
17. What is the litigation status of the commercial liability insurance company?
According to the judicial interpretation, if a party requests to list the commercial insurance as a co-defendant, the court shall permit it and may rule that the commercial insurance company bears compensation liability within the insurance liability limit, but the insurance company may defend based on the insurance contract.
18. In the case where both compulsory traffic insurance and commercial third-party liability insurance exist, how is liability determined?
First, the compulsory traffic insurance company bears primary responsibility. Any shortfall is compensated by the commercial insurance company according to the insurance contract, and any remaining shortfall is borne by the actual tortfeasor. This not only protects the victim's losses but also safeguards the insured's losses.
19. Should support be given if the compulsory traffic insurance company bears priority for mental distress damages?
According to judicial interpretation, if the injured party or their close relatives request that mental distress damages be given priority within the scope of compulsory traffic insurance, the people's court should support this.
20. Should the insurance company bear liability for compensation after a traffic accident caused by driving without a license?
In the case of a traffic accident caused by driving without a license, the compulsory traffic insurance company should bear liability for compensation, but the insurance company has the right to seek recourse from the actual tortfeasor.
21. Should the insurance company bear liability after a traffic accident caused by drunk driving or taking prohibited substances?
If a traffic accident occurs due to drunk driving or use of prohibited substances, the compulsory traffic insurance company shall bear compensation liability, but the insurance company has the right to seek recourse from the actual tortfeasor.
22. If a traffic accident occurs after a motor vehicle flees, should the insurance company provide compensation?
According to Article 53 of the Tort Liability Law, if the driver of a motor vehicle flees after a traffic accident and the vehicle is covered by compulsory insurance, the insurance company shall provide compensation within the liability limit of the compulsory insurance. If the motor vehicle is unknown or not covered by compulsory insurance, and expenses such as rescue and funeral costs for the injured party need to be paid, the Road Traffic Accident Social Assistance Fund shall advance the payment. After the fund advances the payment, its management agency has the right to seek recourse from the person responsible for the traffic accident.
23. If a driver intentionally causes a traffic accident, should the insurance company bear compensation liability?
If a driver intentionally causes a traffic accident, the compulsory traffic insurance company shall bear compensation liability, but the insurance company has the right to seek recourse from the actual tortfeasor.
24. How should liability be borne if a traffic accident occurs involving a vehicle that has not purchased compulsory insurance?
If a motor vehicle without compulsory traffic insurance causes a traffic accident, and the party requests the insurance obligor to compensate within the scope of compulsory insurance, the people's court shall support it. If the insurance obligor and the actual tortfeasor are not the same person, they shall bear joint and several liability.
25. How should liability be borne when multiple vehicles cause a traffic accident resulting in losses to a third party?
In such a case, if the losses exceed the sum of the limits of each compulsory insurance, each compulsory insurance company shall bear compensation liability within its respective limit. If the losses do not exceed the sum of the limits, each insurance company shall share the compensation proportionally.
26. When a tractor (semi-trailer) causes a traffic accident while connected and in use, how should the insurance company compensate?
The insurance company shall compensate equally within its respective liability limit.
27. In the same traffic accident involving multiple victims, how should one compulsory insurance compensate?
In such a case, the compensation amount of compulsory traffic insurance should be determined based on the loss ratio of each victim.
28. After a traffic accident involving an unidentified person, who can claim the compensation??
In practice, there are many approaches. One is that the accident investigation division of the traffic police department claims it, and after finding the deceased's close relatives through public notice, transfers it to them. Another is that the civil affairs department of the accident location claims it on behalf of the state. If the accident occurs on a highway, the road administration department claims it. Judicial interpretations stipulate that it should be claimed by agencies or relevant organizations authorized by law, but it does not specify which agencies or organizations are legally authorized.
29. Can the judicial interpretations on traffic accidents be applied to accidents occurring outside roads?
According to judicial interpretations, for compensation cases arising from motor vehicles traveling outside roads, the relevant provisions of the judicial interpretations may be applied by reference.
30. How should "road" be understood in road traffic accidents?
According to the provisions of judicial interpretation, "road" refers to highways, urban roads, and places within the jurisdiction of a unit that allow social motor vehicles to pass, including squares, public parking lots, and other venues for public passage. "Places within the jurisdiction of a unit that allow social motor vehicles to pass" brings incidents of personal injury or property damage caused by vehicles occurring in schools, units, construction sites, etc., within the scope of the Road Traffic Safety Law.
