Hear the correct road accident injury compensation cases, according to "People's Republic of China Tort Law", "People's Republic of China Contract Law", "People's Republic of China on Road Traffic Safety Law," "People's Republic of China Insurance Law", "People's Republic of China Civil Procedure Law" provisions of the law, combined with trial practice, the enactment of this interpretation.
First, on the main responsibility for the identification
The first motor vehicle traffic accidents causing damage, the vehicle owner or manager of the following circumstances, the people's court shall determine the occurrence of damage is at fault, and Tort Law applicable provisions of Article 49 to determine the the corresponding liability:
(A) knows or should know that the vehicle is defective and the defect is one of the causes of traffic accidents;
(B) knows or should know the driver has not obtained without a driver's qualification or disqualification of the corresponding;
(C) the person knows or should have known that the driver due to drinking, taking state control of psychotropic drugs or narcotics, or suffer from diseases that impede safe driving and other motor vehicles can not drive a motor vehicle in accordance with the law;
(Iv) other vehicle owner or manager shall be deemed at fault.
Article without permission to drive a motor vehicle traffic accidents causing damage to others, the parties in accordance with the Tort Law Article 49 states that the request be borne by the motor vehicle driver liability, the people's court should be supported. The vehicle owner or manager is at fault, bear the corresponding liability, except for those with the Tort Liability Act provisions of Article 52 cases.
Article in affiliated road transport operations in the form of motor vehicle traffic accidents resulting in damage to the vehicle belonging to one of responsibility, the parties were requested by the affiliated and affiliated persons jointly and severally liable, the people's court should be supported.
Article been repeatedly but not for the transfer of the registration of the transfer motor vehicle traffic accidents causing damage, the responsibility belongs to the motor vehicle shall, by the last party requesting the transfer and the transferee liable delivered, the people's court should be supported .
