In order to further properly and timely handle cases of traffic accident damages, improve trial efficiency and adjudication effect, promote mediation between parties before and during litigation, and protect the rights and interests of all parties according to law, according to the Tort Liability Law of People's Republic of China (PRC), the Road Traffic Safety Law of the People's Republic of China, the Civil Procedure Law of People's Republic of China (PRC) and the Road Traffic Safety Regulations of Jiangsu Province, combined with the actual situation of our city,

I. Determination of responsibilities

1. General principles for determining the subject of responsibility The subject of responsibility for road traffic accident damage compensation cases should generally be determined according to the ownership of motor vehicle operation dominance, supplemented by the ownership of operating interests.

If it cannot be determined according to the above principles, it can be determined according to the owner of motor vehicle registration.

2. If the accident liability vehicle without compulsory insurance fails to take compulsory insurance as required, the insurer shall be liable for compensation within the limit of compulsory insurance liability according to the principle of compulsory insurance.

If all parties to the accident are uninsured motor vehicles, they shall be directly liable for compensation according to the fault liability.

3. Liability for accidents linked to motor vehicles If a road traffic accident causes damage to motor vehicles linked to motor vehicles, the linked person and the linked unit shall be jointly and severally liable for compensation.

If the affiliated unit claims to a third party that it is not liable for compensation on the grounds of exemption agreed in the affiliated contract, it will not be supported.

4. Liability for accidents in motor vehicle sales Whether or not the transfer registration is handled, if a traffic accident occurs in motor vehicle sales, the buyer shall be liable for compensation, but if the seller is at fault for the occurrence of the damage, he shall be liable for compensation accordingly.

If the seller fails to take effective measures to stop the vehicle from running under the following circumstances, it shall be jointly and severally liable with the buyer for compensation:

(1) buying and selling assembled and scrapped vehicles;

(2) buying and selling motor vehicles without annual inspection.

5. Accident liability of motor vehicles registered by others If a motor vehicle or a non-motor vehicle registered by the vehicle management department borrows another person's ID card to cause a traffic accident, the borrower shall generally be liable for compensation.

If a motor vehicle or non-motor vehicle registered in the vehicle management department has a traffic accident due to theft or fraudulent use of another person's ID card, the person who steals or fraudulently uses it shall be liable for compensation.

6. Identification of the identity of the factual owner The identification of the factual owner's identity should be comprehensively identified by combining the evidence such as the car purchase contract and the car purchase price; Only the registered owner and the actual owner have the same statement, but there is no other evidence to prove it, and they are ordered to bear joint and several liability for compensation.

Where the whereabouts of the actor is unknown or the existence of the factual owner cannot be proved, the registered owner shall be liable for compensation first.

7. Motor vehicle owners and users are separated from each other because of the legal relationship between equal subjects, such as leasing, borrowing, maintenance and pledge. If the owner and user of the motor vehicle are not the same person, the user of the motor vehicle shall be liable for compensation, and if the owner of the motor vehicle is at fault, he shall be liable for compensation.

In any of the following circumstances, the owner of a motor vehicle shall be jointly and severally liable for compensation:

(1) Knowing that the user does not have the corresponding motor vehicle driving qualification;

(two) knowing that the user is drinking, taking drugs or suffering from driving-forbidden diseases;

(three) knowing that it is a motor vehicle and illegally racing;

(4) Using a motor vehicle knowing that it is other acts that endanger road safety prohibited by laws and administrative regulations.

If the user's whereabouts are unknown or cannot be proved, the owner of the motor vehicle shall make compensation in advance within the scope of the accident liability.

8. Accident liability for driving a motor vehicle without permission If a road traffic accident causes damage to others driving a motor vehicle without permission, the vehicle user shall be liable for compensation.

If the owner of a motor vehicle fails to fulfill his management obligations, he shall be liable for compensation according to his fault, and the compensation ratio shall generally not exceed 30%.

9. Study on the Accident Liability of Driving Training Institutions If a driver learns that a road traffic accident has caused motor vehicle damage during his study in a driving training institution, the driving training institution shall be liable for compensation.

Drivers with driving qualifications have escort service contracts with driving training institutions. In the event of a traffic accident during the escort, the driver shall generally be liable for compensation. If the driving training institution is at fault, it shall bear the corresponding liability for compensation.

10, accident liability of motor vehicle test drive without road conditions If a road traffic accident occurs during the test drive, the motor vehicle seller shall be liable for compensation within the compensation limit of compulsory insurance; If the compensation limit is exceeded, the test driver and the seller shall bear the corresponding compensation liability according to their respective faults. In case of the second paragraph of Article 7 of this section, the seller shall be jointly and severally liable for compensation with the test driver.

If the seller claims not to be liable for compensation to the third party on the grounds of exemption agreed in the test drive contract, it will not be supported.

1 1. The actor responsible for the traffic accident has one of the following circumstances, and if the road traffic accident causes damage to others, the actor shall bear the corresponding liability for compensation:

(1) illegally occupying roads for non-traffic activities, or damaging roads and road supporting facilities;

(2) Planting plants or setting up billboards and pipelines on both sides of roads and isolation belts without approval, blocking street lamps, traffic lights and traffic signs, and obstructing the safe sight distance;

(three) the builder occupied the road construction, failed to set warning signs and take safety measures as required, or failed to clean up the site and repair the road surface in time;

(four) other acts that hinder normal traffic or endanger traffic safety.

12. If the road and its supporting facilities do not meet the road safety management regulations, or the road is damaged without warning signs or effective protection measures within a reasonable time, resulting in road traffic accident damage, the relevant units with management functions shall bear the corresponding liability for compensation.

If a party sues a relevant unit with management functions on the grounds of infringement, the people's court shall inform it to choose civil litigation to solve the dispute, and shall not choose other litigation channels to solve it.

13. Distribution of liability for compulsory insurance in which multiple vehicles participate in accidents. If two or more motor vehicles are involved in traffic accidents and cause damage to others, the insurers of compulsory insurance for each vehicle shall generally be equally liable for compensation within their respective compensation limits; For the insufficient part, the motor vehicle parties shall bear corresponding responsibilities according to their respective responsibilities in accordance with the provisions of the first paragraph of Article 76 of the Road Traffic Safety Law.

If the sum of the motor vehicle compulsory insurance compensation limits exceeds the total loss, and the compensation amount determined by the motor vehicle according to its fault liability does not exceed the motor vehicle compulsory insurance compensation limit, the people's court may determine the insurer's liability for compensation according to the proportion of the fault liabilities of all parties.

14, the exception of multi-vehicle participation in the distribution of compulsory insurance liability. If some accident vehicles are not insured with compulsory insurance, the compulsory insurance insurer of the insured vehicles shall first bear the liability for compensation within the compensation limit for compulsory insurance. After compensation, the insurer may recover from the parties who are not insured with compulsory insurance in accordance with the provisions of Article 13 of this chapter.

Second, the trial procedure

15. If the plaintiff only sues part of * * * and the infringer, and the obligee sues part of * * * and the infringer, the people's court shall add other * * * and the infringer as * * and defendants.

If the obligee for compensation waives the claim against some joint infringers, the other joint infringers shall not be jointly and severally liable for the defendant's waiver of the claim for compensation. If the scope of liability is difficult to determine, it is presumed that each * * * bears the same responsibility as the infringer.

The people's court shall inform the obligee of compensation of the legal consequences of giving up the creditor's rights, and specify the situation of giving up the creditor's rights in legal documents.

* * * If the infringer's identity is unknown, this clause shall not apply.

16. Can the three risks be handled together in an infringement case? The people's court shall, at the request of the plaintiff or the insured, ask whether the insurer of the three insurances participates in the litigation.

If the insurer of "Three Risks" fails to expressly agree to participate in the litigation within the time limit prescribed by the people's court, the people's court shall not classify it as the defendant in the trial of infringement cases, unless it voluntarily participates in mediation and reaches a mediation agreement.

17. If the identity of the perpetrator in a road traffic accident is unknown, the victim of the traffic accident abandons his car and escapes, and the public security traffic management department cannot find the traffic accident escapee after investigation and announcement, the public security traffic management department shall issue a traffic accident confirmation according to the victim's request, and compensate the obligee for bringing a lawsuit on the grounds of ……………………………………………………………………………………………………………………………………………………………………………………………………

The people's court shall accept any of the following circumstances listed by the obligee for compensation.

18. Handling the inconsistency between the compulsory insurance applicant and the motor vehicle owner. If the applicant involved in compulsory insurance is inconsistent with the owner of the motor vehicle, the people's court shall allow it.

19. Handling of the death of the infringed person in the road traffic accident. After the death of the infringed person, there is no heir or legacy, but if there is a legacy, the right holder of compensation can file a lawsuit with the defendant's estate manager. The administrator of the infringer's estate shall bear civil liability within the scope of the infringer's estate under his management.

After deducting the living expenses of the dependents (except that the living expenses of the dependents were taken as a separate compensation item before the implementation of the Tort Liability Law), the rest can be treated as inheritance.

20. Treatment paid by the insured before judgment. The people's court may, at its request, order the insurer to directly return the difference between the insured or the amount paid by the insured except the compulsory insurance liability limit. The text of the judgment should be uniformly expressed as follows: the insurer compensates the number of victims of traffic accidents, of which the number of victims of traffic accidents is RMB, and the other party (motor vehicle party) is RMB.

2 1. In the case of multiple victims in the same accident, keep the share of compulsory insurance. If there are multiple victims in the same road traffic accident, and the compensation limit of compulsory insurance is not enough for full compensation, and some victims sue first, the people's court shall reserve the necessary compensation share for other victims within the compensation limit of compulsory insurance.

The people's court may evenly distribute the compensation share of compulsory insurance according to the number of victims. If the first sued victim still retains his share after compensation, it shall be evenly distributed according to the number of remaining victims. The compensation amount of compulsory insurance can also be determined according to the injury of each victim, the urgency of treatment and rehabilitation, the family's economic situation, the infringer's compensation ability (including the coverage of the three insurances) and other factors.

22. Handling of reaching a compensation agreement before litigation If the parties reach a compensation agreement through consultation, and one party goes back on his word and brings a lawsuit to the people's court with the original road traffic accident dispute, the people's court shall explain the litigation risk to the parties. If the parties insist on litigation, they shall request to increase the litigation elements of the mediation agreement.

When trying such cases, the people's court should first examine the effectiveness of the compensation agreement and whether there is any change or cancellation. If there is no change or cancellation, the plaintiff's claim shall be rejected. If there is any change or cancellation, it should be further tried and the corresponding liability for compensation should be determined according to law.

23. If the judicial authentication procedure involves the compensation burden of the compulsory insurance insured, the people's court shall notify him to participate.

Third, the determination of compensation and the corresponding distribution of burden of proof.

24. Identification of the Third Party in the Compulsory Traffic Insurance When a traffic accident occurs in the insured motor vehicle, except for the personnel on board and the insured, the personnel outside the year of the insured motor vehicle belong to the "third party" in the compulsory motor vehicle third party liability insurance stipulated in Article 76 of the Road Traffic Safety Law.

25. Understanding of Personal Injury and Property Loss "Personal injury and death" as stipulated in Article 76 of the Road Traffic Safety Law refers to the personal injury of the victim (the infringed) caused by a traffic accident, including the material damage stipulated in Article 16 of the Tort Liability Law and the mental damage stipulated in Article 22 of the Tort Liability Law.

The "property loss" stipulated in Article 76 of the Road Traffic Safety Law refers to the damage or loss of the victim's vehicle and other property caused by a road traffic accident, and the people's court calculates the amount of loss according to the provisions of Article 19 of the Tort Liability Law.

26. The People's Court Re-affirms the responsibility for traffic accidents. Under normal circumstances, the People's Court shall affirm the responsibility for accidents according to the accident confirmation letter issued by the traffic management department of the public security organ, and use it as a reference for dividing the liability for compensation.

If the traffic administrative department of the public security organ cannot identify the accident, or there is sufficient evidence to overturn the original identification of the accident, the people's court shall collect all the case files of the traffic administrative department of the public security organ handling the accident, ask the police handling the case, and on the basis of ascertaining the facts, comprehensively consider the seriousness of the road safety responsibility undertaken by the accident parties, the danger of participating in the accident vehicle, the ability to avoid danger, the cause of damage and other factors, properly consider the balance of interests, and reasonably define the compensation liability of the accident parties.

27. The identification of urban residents and rural residents is generally based on the location of household registration. However, if the parties registered in agricultural registered permanent residence provide evidence to prove that they lived in cities and towns for more than 1 year at the time of the road traffic accident, the compensation amount can be calculated according to the urban resident standard.

The victim was in agricultural registered permanent residence at the time of the crime, and the amount of compensation can be calculated according to the standard of urban residents if he was transferred to agricultural registered permanent residence due to normal reasons and proper channels before the first-instance prosecution.

If the parties provide one of the following evidences, the people's court may consider that the victim of a traffic accident lived in Wuxi for more than one year at the time of the traffic accident:

(1) Temporary residence permit that has expired for one year from the time before the accident to the time of the accident;

(2) A written certificate issued by the public security organ of Wuxi's place of residence;

(3) A written certificate issued by the neighborhood committee of Wuxi City and a corresponding house lease contract or other written certificate;

(4) Wuxi urban housing property certificate or housing sales contract, proof of housing payment, and proof of the neighborhood Committee where the victim actually lived before the incident;

(5) Labor contracts and other social security, wages and other original documents. Worked in Wuxi for a year before the incident;

(6) The original evidence of working in Wuxi for one year before the incident, such as the on-the-job certificate and the daily account of salary collection;

(7) school registration certificate or admission notice, tuition payment certificate, and school certificate of studying in Wuxi for one year before the incident.

The type of evidence proved in items (3) and (6) of the preceding paragraph is written testimony, and if the parties have any objection to the authenticity, the people's court shall verify it.

28. Medical expenses Medical expenses shall be determined according to the receipts and vouchers of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence.

If the victim needs to buy drugs during hospitalization, the medical institution shall issue corresponding certificates, which are consistent with the needs of injury treatment. If you buy drugs unrelated to the damage or treat other diseases without authorization, the expenses will not be compensated.

If the compensation obligor disagrees with the treatment cost of the victim's complications caused by the infringement, it shall refer to the diagnosis of the medical institution or listen to the opinions of the attending doctor, and determine the scope and proportion of compensation according to the causal force between the infringement and the complications. If it cannot be determined in accordance with the above procedures, the court may entrust judicial expertise according to the application of the dissenter.

The people's court may, within a reasonable range, determine the necessary medical auxiliary expenses that are in line with common sense of life.

29. Criteria for Determining Fixed Income If the parties provide the following evidence, the people's court may determine that there is a fixed income after examination:

(1) The labor contract signed with the employing unit and other original documents such as participating in social security and receiving wages;

(2) the original certificate of receiving wages more than three months before the incident;

(3) Legal business registration documents and corresponding tax payment certificates;

(4) Personal income tax payment certificate;

(5) others.

If the parties cannot provide evidence to prove their income, urban residents can determine their lost time expenses with reference to the currently published minimum wage standard for employees in this Municipality; Rural residents can refer to the per capita net income of rural residents in the whole province in the previous year to determine their lost time expenses.

30. If the right holder of the lost time fee claims the lost time fee, it shall prove that his fixed income and income have been reduced by a certain amount due to the accident. The time limit for missed work shall be subject to the certificate of medical institution, doctor's advice or conclusion of appraisal institution.

The people's court shall support the party who has reached the statutory retirement age but still has other fixed income if the evidence provided can prove that the income has decreased due to the accident.

If the party concerned cannot provide evidence to prove his income status, and the specific amount of income is reduced due to the accident delay, the delay fee may be calculated according to the delay period and standard stipulated in the second paragraph of Article 29 of this chapter.

3 1. Nursing expenses The people's court shall calculate the nursing expenses according to the nursing expenses of nurses in local hospitals at the same level. During the nursing period, the number of nursing staff should follow the doctor's advice or refer to the opinions of the judicial expertise department.

If the victim's family members take care of themselves, the standard of nursing expenses shall be calculated according to the actual standard of lost time. However, if the income standard for calculating the lost time fee is higher than the average wage of the residents' service and other service workers in this province in the previous year, the higher part will not be supported.

32. Dependent's living expenses The people's court shall support the case that the party concerned brought a lawsuit to the court for a traffic accident that occurred before July 1 2065438 (excluding that day), and claimed the dependent's living expenses according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases.

Traffic accidents that occurred after July 20 1 year 1 day, involving compensation for the living expenses of dependents, shall be handled in accordance with relevant regulations.

33. Compensation for Mental Damage If the total amount of compensation for mental damage and other death and disability compensation items does not exceed the death and disability compensation limit of compulsory insurance, the compensation for mental damage will not be deducted without considering the fault of the victim.

If the compensation limit for death and disability of compulsory insurance is exceeded, the mental consolation money shall be deducted according to the proportion of the victim's fault, and the calculation method is as follows:

(1) The total compensation for mental damage × the proportion of the infringer's fault is included in the compulsory insurance compensation;

(2) Including (total loss-total compensation for mental damage) × the proportion of the infringer's fault in the scope of the infringer's compensation.

34. If the victim of property loss claims that the damaged vehicle is being used for cargo transportation or passenger transportation, he shall provide proof of legal operation and income. After examination, the people's court shall support indirect losses.

If the amount of the damage assessment bill issued by the insurer is inconsistent with the amount of the actual maintenance invoice of the damaged vehicle, both parties shall further prove their respective claims and make a reasonable explanation. If neither party has sufficient evidence and the difference is less than 30%, the people's court may decide the maintenance fee; If the amount is quite different, the people's court shall make judicial appraisal on the rationality of the actual maintenance fee; If the actual maintenance cost is unreasonable, the people's court may determine the maintenance cost according to the damage list.

35. The fees for assistive devices for the disabled shall be determined by soliciting the opinions of both parties and referring to the standards for the preparation of domestic popular devices by local civil enterprises.

If the parties have objections, they may entrust a professional institution under the civil affairs department to conduct appraisal. If the victim has installed assistive devices for the disabled or suffers from special diseases, he should consult the rationality first. The people's court may determine the cost of assistive devices for the disabled if the professional institutions consider it reasonable after evaluation.

The payment of assistive devices for the disabled should be based on the actual needs of the victim, the unit price of the device, whether the compensation obligor provides guarantee and whether it has the ability to compensate. Payment should be made in installments or in one lump sum.

36. Other expenses for dealing with the lost time of relatives of traffic accidents shall be calculated with reference to the above standards. The number of people who calculate the expenses shall not exceed 3 in principle, and shall be limited to 7 days.

If the foreign relatives of the parties participate in handling traffic accidents, the transportation expenses, meals and accommodation expenses shall generally not exceed the travel expenses standard of the general staff of state organs in this Municipality, and the excess shall not be compensated. Under special circumstances, if the expenses are really necessary and true, the people's court may increase them as appropriate on the basis of the above.

Four, the burden of legal fees and other expenses

37. The insurer has the obligation to issue a settlement opinion and bear the litigation costs. Before the litigation or the end of the trial debate, the insurer has issued a settlement opinion, and the settlement opinion is consistent with the amount of compensation determined by the people's court, and the insurer will not bear the litigation expenses.

If the insurer fails to issue a settlement opinion, or the settlement opinion is less than 5% of the compensation amount determined by the people's court, and mediation has not been reached, the people's court may order the insurer to bear part or all of the litigation costs according to the factors that the insurer played in the failure of mediation.

38. If the plaintiff refuses to agree to mediation, and the insured agrees to mediation, and the compensation beyond the insurance limit has fully protected the victim, or the settlement opinion issued by the insurer can make up for the loss of the victim, and the victim still files a lawsuit without mediation, the people's court shall order the litigation expenses to be borne by the victim, and state the reasons in the judgment.

In litigation, if mediation cannot be reached due to the plaintiff, the people's court shall order the plaintiff to bear the corresponding litigation costs and explain the reasons in the judgment.

39. The expenses involved in the announcement, appraisal and evaluation of other necessary litigation expenses cases shall be paid in advance by the corresponding responsible person to the relevant departments. If the victim is in financial difficulties, he may apply to the people's court for reduction, remission or exemption. If the legal conditions are met, the people's court may order the other party to pay in advance.

If the above expenses are really necessary for litigation after examination by the people's court, they can be identified as indirect losses caused by the plaintiff's accident, and the parties concerned shall bear them accordingly according to their faults.

Verb (short for verb) others

40. Application of this opinion This opinion shall come into force as of the date of issuance. If other opinions issued by our court and grass-roots courts are inconsistent with this opinion, this opinion shall prevail.

If this opinion is inconsistent with the provisions of the people's court at a higher level, the relevant provisions of the people's court at a higher level shall prevail.