"Thousands of roads, safety first", behind every motor vehicle driving on the road has a family concern and watch, buy a safe and legal vehicle, install vehicle license plates in accordance with the law, timely insure vehicle insurance, which is every law-abiding person responsible for their own safety and others, this issue of WeChat through a question and answer form to answer common motor vehicle traffic accident liability disputes 20 questions.
Q1
What is Motor Vehicle Traffic Accident Liability?
Motor vehicle road traffic accident liability refers to the tort liability arising from the direct or indirect personal injury or property damage caused by improper driving activities or accidents in the operation of motor vehicles on the road. Cases of damages arising from the passage of motor vehicles outside the road may also be handled with reference to the relevant provisions applicable to motor vehicle road traffic accidents.
Article 1208 of the Civil Code of the People's Republic of China Shall bear the liability for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law in the event of a traffic accident involving a motor vehicle.
Article 119 of the Road Traffic Safety Law of the People's Republic of China The meaning of the following terms in this Law:
(1) "Road" refers to highways, urban roads and places that are within the jurisdiction of the unit but are allowed to pass by social motor vehicles, including squares, public parking lots and other places used for public traffic.
(b) "Vehicle" means motor vehicle and non-motor vehicle.
(3) "Motor vehicle" refers to a wheeled vehicle that is driven or pulled by a power device and driven on the road for the use of personnel or for transporting goods and carrying out special engineering operations.
(4) "Non-motorized vehicles" refers to vehicles driven by human or animal power and driven on the road, as well as motorized wheelchairs and electric bicycles for the disabled that are driven by power devices but are designed to have the highest speed, empty car quality, and external dimensions that meet relevant national standards.
(5) "Traffic accident" refers to the event of personal injury or property damage caused by the fault or accident of the vehicle on the road.
Article 25 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases Article 25 In cases of damage compensation arising from the passage of motor vehicles in places other than roads, reference may be made to the provisions of this Interpretation.
Q2
How to determine the liability for the accident after a traffic accident?
According to the "traffic accident determination letter" issued by the public security traffic management department, if one or both parties raise objections to the "traffic accident determination letter" in a civil lawsuit, they shall provide contrary evidence or reasons, and bear the burden of proof in the sense of the result. Where the traffic police department believes that the facts are unclear, the fault of both parties cannot be determined, and the responsibility for the accident cannot be determined, the people's court shall review all relevant evidence of the traffic accident case such as the on-site inspection record, and in accordance with the relevant provisions of the Road Traffic Safety Law and the Implementing Regulations, comprehensively use logical reasoning and daily life experience to judge and make a determination on the facts of the traffic accident and whether the parties are at fault, so as to determine the civil liability of the parties.
Article 73 of the Road Traffic Safety Law of the People's Republic of China The traffic management department of the public security organ shall promptly draft a traffic accident certificate on the basis of the investigation, inspection and investigation at the scene of the traffic accident and the relevant inspection and appraisal conclusions, as evidence for handling the traffic accident. The written traffic accident determination shall state the basic facts, causes and responsibilities of the parties involved in the traffic accident, and shall be served on the parties.
Article 91 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China The traffic management department of a public security organ shall determine the responsibility of the parties concerned on the basis of the role of the parties to the traffic accident in the occurrence of the traffic accident and the severity of the fault.
Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases: The people's court shall review and confirm the corresponding probative force of a traffic accident determination document produced by the traffic management department of a public security organ in accordance with law, unless there is contrary evidence to overturn it.
Article 90 of the Interpretation of the Supreme People's Court on Application<中华人民共和国民事诉讼法>:Parties shall provide evidence to prove the facts on which their own litigation claims are based or on which they refute the other party's litigation claims, except as otherwise provided by law.
Where, before making a judgment, the parties fail to provide evidence or the evidence is insufficient to prove their factual claims, the party with the burden of proof bears the adverse consequences.
Q3
Is the owner or manager of the motor vehicle liable for damage caused by a traffic accident in a leased or borrowed vehicle?
If the owner or manager of a motor vehicle is at fault for the damage caused by the accident, he or she shall bear corresponding responsibility with the driver according to the size of the fault.
Article 1209 of the Civil Code of the People's Republic of China When the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., if a traffic accident causes damage, which is the responsibility of the party to the motor vehicle, the user of the motor vehicle shall bear the liability for compensation; if the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.
Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases Article 1 In the event of a traffic accident of a motor vehicle causing damage, and the owner or manager of the motor vehicle has any of the following circumstances, the people's court shall determine that he is at fault for the occurrence of the damage and apply the provisions of Article 1209 of the Civil Code to determine his corresponding compensation liability:
(1) Knowing or should have known that there is a defect in the motor vehicle, and that the defect is one of the causes of the traffic accident;
(2) Knowing or should know that the driver has no driving qualifications or has not obtained the corresponding driving qualifications;
(3) Knowing or should have known that the driver is unable to drive a motor vehicle in accordance with law because he or she has been drinking alcohol, taking psychotropic substances or narcotic drugs controlled by the State, or suffering from a disease that hinders the safe driving of a motor vehicle;
(4) Others where the owner or manager of the motor vehicle shall be found to be at fault.
Q4
Who is liable for damage caused by a traffic accident caused by a motor vehicle engaged in road transport business activities in the form of affiliation?
The affiliate and the affiliate shall bear joint and several liability. The agreement on the internal liability of the affiliate and the affiliated person cannot be opposed to the assumption of external liability.
Article 1211 of the Civil Code of the People's Republic of China If a motor vehicle engaged in road transport business activities in the form of affiliation occurs and causes damage caused by a traffic accident, and it is the responsibility of the party to the motor vehicle, the affiliated person and the affiliated person shall bear joint and several liability.
Q5
In the case of a motor vehicle after the transfer but the registration of the change is not processed, it is the responsibility of the party to the motor vehicle, who is responsible?
The assignee is liable, and in the event of multiple assignments without registration of the change, the assignee of the last assignment and delivery shall be liable because it actually controls the motor vehicle and enjoys an operational interest.
Article 1210 of the Civil Code of the People's Republic of China Where a motor vehicle has been transferred and delivered by sale or other means between the parties but has not been registered, and a traffic accident causes damage, which is the responsibility of the party to the motor vehicle, the transferee shall bear the liability for compensation.
Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases Article 2 Where damage caused by a traffic accident occurs in a motor vehicle that has been transferred multiple times but has not been registered, it is the responsibility of the party to the motor vehicle, and the parties request that the transferee who made the last transfer and delivery bear the liability for compensation, the people's court shall support it.
Q6
A person who has received training in motor vehicle driving and drives a motor vehicle in a traffic accident during the training activities, causing damage, belongs to the responsibility of the party to the motor vehicle, who is responsible?
The responsibility is borne by the driving training unit. Driving training institutions are able to control the operation of the car through their employees, i.e. instructors, and at the same time benefit from such operation for the car used in training activities. Since the trainees have not yet obtained driving qualifications in the training activities, it is difficult to effectively control the motor vehicle, and the coach is the actual controller of the coach car, and the coach is employed by the driving training unit, and the training institution should bear the responsibility for compensation for damages.
Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases Article 5 Where a person receiving training in motor vehicle driving causes damage caused by a traffic accident while driving a motor vehicle during training activities, it is the responsibility of the party to the motor vehicle, and the parties request the driving training unit to bear the liability for compensation, the people's court shall support it.
Article 20 of the Regulations on the Implementation of the Road Traffic Safety Law of the People's Republic of China To learn to drive a motor vehicle, you should first learn road traffic safety laws, regulations and related knowledge, and then learn motor vehicle driving skills after passing the examination.
Learning to drive on the road shall be carried out in accordance with the route and time specified by the traffic management department of the public security organ. The learning of motor vehicle driving skills on the road should be carried out using a coach car, under the guidance of the instructor accompanying the car, and personnel unrelated to teaching shall not take the coach car. If the trainee commits road traffic safety violations or causes a traffic accident during the learning and driving, the instructor shall bear the responsibility.
Q7
In the event of a traffic accident caused by a non-reimbursable driver, how can the unpaid driver and the owner of the vehicle be held liable?
The owner of the vehicle is liable, and the driver drives the vehicle for the benefit of the owner of the vehicle without compensation in the event of a traffic accident, and the owner has both operational control over the vehicle and the operating interests, and shall be liable for compensation. If the unpaid driver has the subjective fault of intent or gross negligence, the owner of the vehicle may recover from the unpaid driver after compensating the third party for damages.
Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 4 Where a help worker who provides labor services without compensation causes harm to a person in the course of engaging in helper activities, the helped worker shall bear the liability for compensation. Where the helped worker bears the liability for compensation and then recovers compensation from the helper who has intentionally or grossly negligently, the people's court shall support it. Where the helped worker explicitly refuses to help the worker, he shall not be liable for compensation.
Q8
Who is liable for the damage caused by a traffic accident in a free motor vehicle?
In order to encourage mutual help and kindness, the driver's compensation liability for damage caused by the driver's fault should be reduced, but if the driver has intentional or gross negligence, the principle of mitigation is not applicable.
Article 1217 of the Civil Code of the People's Republic of China Article 1217 Where a traffic accident occurs in a non-operating motor vehicle and causes damage to the unpaid passenger, the liability of the party to the motor vehicle shall be reduced, except where the user of the motor vehicle has intentional or gross negligence.
Q9
Who is liable for damage caused by a traffic accident in a motor vehicle caused by a road management and maintenance defect?
The road manager shall be liable, unless the manager can prove that the management and maintenance obligations such as cleaning, safety protection, and warning have been fulfilled in accordance with laws, regulations, rules, national standards, industry standards or local standards.
Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases Article 7 Where a traffic accident causes damage to a motor vehicle due to a road management and maintenance defect, and the parties request the road manager to bear the corresponding compensation liability, the people's court shall support it. However, road managers can prove that they have fulfilled their management and maintenance obligations such as safety protection and warnings in accordance with the provisions of laws, regulations and rules, or in accordance with the requirements of national standards, industry standards and local standards. ......
Q10
Who is liable for the injury of a third person caused by a taxi driver parking in a non-motorized lane and a passenger getting out of the car and opening the door?
The internal driver and passenger are jointly and severally liable to the third party, and the driver and passenger are liable according to the size of the fault.
Article 1168 of the Civil Code of the People's Republic of China Where two or more persons jointly commit an infringing act, causing harm to others, they shall bear joint and several liability.
Q11
Who is responsible for a vehicle driving on a residential road or colliding with a young child in and out of a parking garage?
The driver of the motor vehicle and the legal representative of the child shall bear the share of responsibility according to the size of the fault.
Article 26 of the Civil Code of the People's Republic of China: Parents have the obligation to raise, educate and protect their minor children. Adult children have the duty to support, support and protect their parents.
Article 34: Guardians' duties are to carry out civil juristic acts on behalf of the wards, protecting the wards' personal rights, property rights, and other lawful rights and interests.
The rights arising from guardians' lawful performance of guardianship duties are protected by law.
Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of wards, they shall bear legal responsibility. ......
Article 64 of the Road Traffic Safety Law of the People's Republic of China: Preschool children, persons with mental illness or intellectual disabilities who cannot recognize or control their own conduct shall be led by their guardians, persons entrusted by their guardians, or persons with management and protection responsibilities. ......
Q12
How to bear the liability for personal injury, death and property damage caused by a traffic accident of a motor vehicle?
The method of attribution for traffic accidents between motor vehicles and motor vehicles is fault liability: the party at fault bears the responsibility, and if both parties are at fault, each bears the corresponding responsibility for its fault; in the event of a traffic accident between a motor vehicle and a pedestrian or a non-motor vehicle, the method of attribution is no-fault liability: 1. If a pedestrian or a non-motor vehicle intentionally collides with a motor vehicle, the liability of the motor vehicle party is exempted; 2. If the pedestrian or non-motor vehicle is negligent in the occurrence of damage, the liability of the motor vehicle party may be appropriately reduced 3. If the motor vehicle party can prove that it is not at fault, it shall only bear no more than 10% of the liability.
Article 76 of the Road Traffic Safety Law of the People's Republic of China In the event of a traffic accident involving a motor vehicle resulting in personal injury, death or property damage, the insurance company shall compensate within the limit of the compulsory insurance liability of the third party liability of the motor vehicle;
(1) In the event of a traffic accident between motor vehicles, the party at fault shall bear the liability for compensation; if both parties are at fault, the responsibility shall be shared in proportion to their respective faults.
(2) Where a traffic accident occurs between a motor vehicle and a non-motorized vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear the liability for compensation; if there is evidence to prove that the non-motor vehicle driver or pedestrian is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; if the motor vehicle party is not at fault, it shall bear no more than 10 percent of the compensation liability.
If the loss of a traffic accident is caused by a deliberate collision of a motor vehicle by a non-motorized driver or pedestrian, the motor vehicle party shall not be liable for compensation.
Q13
In handling road traffic accident damage compensation cases, in the case of coexistence of legal relations such as compulsory traffic insurance and commercial insurance, in what order should the compensation liability be determined?
After a traffic accident occurs in a motor vehicle, the compensation liability of the compulsory insurance company is first determined, and then the tort liability that the infringer (the insured) should bear in accordance with the law is determined, and then the compensation scope of the commercial three insurance insurance company is determined in accordance with the commercial three-party insurance contract and the relevant provisions of the Insurance Law, and finally the infringer bears the remaining tort liability in accordance with the relevant provisions of the Civil Code.
Article 1213 of the Civil Code of the People's Republic of China Where damage caused by a traffic accident of a motor vehicle falls within the limit of the compulsory insurance liability of the motor vehicle, the insurer who underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the compulsory insurance liability; the insurer who underwrites the commercial insurance of the motor vehicle shall compensate in accordance with the provisions of the insurance contract; if it is still insufficient or has not insured the commercial insurance of the motor vehicle, the infringer shall compensate.
Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases Article 13 Where a motor vehicle insured with compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and third-party liability commercial insurance (hereinafter referred to as "commercial three-party insurance") causes damage caused by a traffic accident, and the parties sue both the infringer and the insurance company, the people's court shall determine the liability for compensation in accordance with the provisions of Article 1213 of the Civil Code.
Where the infringed party or his close relatives request that the insurance company that underwrites compulsory compulsory insurance give priority to compensation for moral damage, the people's court shall support it.
Q14
How can the victim's rights be remedied after a motor vehicle traffic accident causes injury to others and then escapes?
If the motor vehicle is unknown, the compulsory insurance is not insured, or the rescue cost exceeds the liability limit of the compulsory insurance of the motor vehicle, it is necessary to pay the costs of rescue and funeral of the infringed person's personal injury, which shall be advanced by the road accident social assistance fund, and the relevant management department shall have the right to recover from the person responsible for the traffic accident after the advance is paid.
Article 1216 of the Civil Code of the People's Republic of China Where the driver of a motor vehicle escapes after a traffic accident and the motor vehicle participates in compulsory insurance, the insurer shall compensate within the limit of the compulsory insurance liability of the motor vehicle; if the motor vehicle is unknown, the motor vehicle has not participated in the compulsory insurance, or the rescue cost exceeds the limit of the compulsory insurance liability of the motor vehicle, and it is necessary to pay the expenses of rescue and funeral of the infringed person's personal injury or death, the road traffic accident social assistance fund shall advance the payment. After the road traffic accident social assistance fund is advanced, its management agency has the right to recover compensation from the person responsible for the traffic accident.
Q15
What kind of liability should be borne when a motor vehicle that has not been insured for compulsory insurance in accordance with the law is involved in a traffic accident, and the insurance obligor and the driver are inconsistent?
In principle, in the event of a traffic accident in an uninsured compulsory insurance motor vehicle, the insured obligor shall compensate the victim (third party) in place of the compulsory traffic insurance company, but if the insurance company illegally refuses to underwrite, delays underwriting or illegally terminates the compulsory traffic insurance contract, the insurance obligor may, after bearing the liability for damages, require the insurance company to bear the corresponding compensation liability within the scope of the compulsory traffic insurance. When the insurance obligor and the driver are not the same person, the two shall bear the share of liability according to the degree of fault.
Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases Article 16 Where a motor vehicle that has not been insured for compulsory compulsory insurance in accordance with the law causes damage caused by a traffic accident, and the parties request the insured obligor to compensate within the limit of liability of the compulsory traffic insurance, the people's court shall support it.
Where the insurance obligor and the infringer are not the same person, and the parties request that the insured obligor and the infringer bear corresponding liability within the limit of liability of the compulsory insurance, the people's court shall support it.
Article 17 Where an insurance company qualified to engage in the business of compulsory traffic insurance illegally refuses to underwrite, delays underwriting or illegally terminates the contract of compulsory compulsory insurance, and the insured obligor requests the insurance company to bear the corresponding compensation liability within the limit of the liability of the compulsory traffic insurance after bearing the liability liability to a third party, the people's court shall support it.
Q16
If the ownership of a motor vehicle changes during the validity period of the compulsory traffic insurance contract and the parties have not gone through the formalities for change, can the insurance company be exempted from compensation liability?
No, the subject of compulsory traffic insurance and commercial insurance is motor vehicles, and as long as the insured motor vehicle exists, it should be liable.
Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases Article 20 Where the ownership of a motor vehicle changes during the validity period of the compulsory traffic insurance contract, and the insurance company claims exemption from compensation liability on the grounds that the motor vehicle has not gone through the formalities for changing the contract for compulsory traffic insurance after the traffic accident, the people's court will not support it.
If the degree of danger increases due to the modification or change of the nature of use of a motor vehicle during the validity period of the compulsory traffic insurance contract, and after a traffic accident occurs, the parties request the insurance company to compensate within the limit of liability, the people's court shall support it.
Under the circumstances of the preceding paragraph, if the insurance company separately sues and requests the insurance obligor to make up the current insurance premium in accordance with the re-approved insurance premium standard, the people's court shall support it.
Q17
Can the insurance company deduct compensation from commercial insurance due to a traffic accident that occurs while engaging in the operation of an online ride-hailing vehicle for the purpose of self-employment?
Yes, the insured vehicle in the name of the family to engage in online car operation activities, significantly increase the degree of danger of the vehicle, the insured should promptly notify the insurance company, the insured did not make a notice, due to the traffic accidents involved in the operation of the online car, the insurance company can be deducted from compensation within the scope of commercial three insurance.
Article 52 of the Insurance Law of the People's Republic of China If the degree of danger of the subject matter of insurance increases significantly during the validity period of the contract, the insured shall promptly notify the insurer in accordance with the contract, and the insurer may increase the insurance premium or terminate the contract in accordance with the contract. If the insurer rescinds the contract, it shall return the insurance premiums already collected to the applicant after deducting the part due from the date of commencement of insurance liability to the date of termination of the contract in accordance with the contract.
If the insured fails to perform the notification obligation provided for in the preceding paragraph, the insurer shall not be liable for indemnifying the insurance premium for an insured accident that occurs due to a significant increase in the degree of danger of the subject matter of insurance.
Article 4 of the Interpretation of the Supreme People's Court on <中华人民共和国保险法>Several Issues Concerning the Application of The Supreme People's Court (4) When determining whether the subject matter of insurance constitutes a "significant increase in the degree of danger" provided for in Articles 49 and 52 of the Insurance Law, it shall comprehensively consider the following factors:
(1) a change in the use of the subject matter of insurance;
(2) a change in the scope of use of the subject matter of insurance;
(3) changes in the environment in which the subject matter of insurance is located;
(4) Changes in the subject matter of insurance due to modification or other reasons;
(5) a change in the user or manager of the subject matter of insurance;
(6) The duration of the increase in the degree of danger;
(7) Other factors that may lead to a significant increase in the degree of danger.
Although the degree of danger of the insurance subject has increased, the increased danger belongs to the insurance contract coverage foreseen or should be foreseen by the insurer at the time of the conclusion of the insurance contract, which does not constitute a significant increase in the degree of danger.
Q18
Can the insurance company resist the victim's claim for compulsory traffic insurance on the grounds that the claim has been made to the insured?
No, in the case that the insured has not been liable to the victim in accordance with the law, the insurance company cannot oppose the victim's right to compensation on the grounds that it has already settled the claim to the insured.
Article 20 of the Interpretation of the Supreme People's Court on <中华人民共和国保险法>Several Issues Concerning the Application (IV) Of the Liability Insurance Policy the insurer compensates the insured for the insurance premium before the insured compensates the third party, and when the third party exercises the right to claim insurance benefits in accordance with the provisions of paragraph 2 of Article 65 of the Insurance Law, and the insurer refuses to compensate the insurance premium on the grounds that it has already compensated the insured, the people's court will not support it. If the insurer requests the insured to return the corresponding insurance premium after making compensation to a third party, the people's court shall support it.
Q19
Can a party sue a party involved in a motor vehicle accident and list the compulsory insurance and commercial insurance underwriting insurance companies as co-defendants?
OK. According to the law, compulsory insurance companies should participate in the litigation as co-defendants who must participate in the litigation, while insurance companies that underwrite commercial tripartite insurance can participate in the litigation as co-defendants when the parties submit a request to the court. This is a one-time dispute resolution and efficient litigation mechanism for the parties to be provided for the parties under the premise of realizing the procedural guarantee of the parties and protecting the substantive rights of the parties, comprehensively considering the coordination of the substantive legal relationship, avoiding contradictory judgments, litigation delays and other procedural law factors.
Article 65 of the Insurance Law of the People's Republic of China The insurer may directly compensate the third party for the damage caused to a third party by the insured of the liability insurance in accordance with the provisions of the law or the provisions of the contract.
If the insured of liability insurance causes damage to a third party, and the liability of the insured to the third party is determined, the insurer shall directly compensate the third party for the insurance premium according to the request of the insured. If the insured fails to make a request, the third party has the right to directly claim compensation from the insurer for the part of its compensation.
If the insured of liability insurance causes damage to a third party and the insured fails to compensate the third party, the insurer shall not compensate the insured for the insurance premium.
Liability insurance refers to insurance with the insured's liability for compensation to a third party as the subject of insurance.
Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases The people's courts hearing road traffic accident damage compensation cases shall list the insurance companies underwriting compulsory traffic insurance as co-defendants. However, the insurance company has already compensated within the limit of liability of the compulsory insurance and the parties have no objection.
Where the people's court hears a road traffic accident damage compensation case, and the parties request that the insurance company underwriting the commercial tripartite insurance be listed as a co-defendant, the people's court shall grant permission.
Q20
What is the scope of "damage" in motor vehicle traffic accidents?
Damage includes personal injury and property damage, of which personal injury covers medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal allowances and other reasonable expenses for treatment and rehabilitation, income lost due to lost work and consolation payments for mental damage. Where disability is caused, compensation shall also be made for assistive devices and compensation for disability; where death is caused, funeral expenses and death compensation shall also be compensated.
Article 1179 of the Civil Code of the People's Republic of China: Where personal injury is caused by infringing upon others, reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies, etc., as well as income reduced due to lost work, shall be compensated. Where disability is caused, compensation shall also be made for assistive devices and compensation for disability; where death is caused, funeral expenses and death compensation shall also be compensated.
Article 1182 Where property damages are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits thus obtained by the infringer; where the losses suffered by the infringed party and the benefits thus obtained by the infringer are difficult to determine, and the infringer and the infringer do not agree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation on the basis of actual circumstances.
Article 1183:Where infringement of the personal rights and interests of natural persons causes serious mental damage, the infringed party has the right to request compensation for moral damage.
Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases The "personal injury or death" provided for in Article 76 of the Road Traffic Safety Law refers to the damage caused by the infringement of the personal rights and interests of the infringed person such as the right to life, body and health caused by the traffic accident of a motor vehicle, including the damage provided for in Articles 1179 and 1183 of the Civil Code.
The "property loss" stipulated in Article 76 of the Road Traffic Safety Law refers to the loss caused by the infringement of the property rights and interests of the infringed person due to a traffic accident in a motor vehicle.
Source: Shanghai Minhang District People's Court