PRC Road Traffic Safety Law (Revised)
中华人民共和国道路交通安全法 (修正)
Liability for compensation of motor vehicle drivers in traffic accidents revised.
Date:
March 2008
CLP Reference: 4400/07.12.29
Promulgated: 29 December 2007
Effective: 01 May 2008
Keywords (click to search): [traffic accidents] [compulsory third-party liability insurance] [motor vehicle drivers] [car insurance] [auto insurance compensation]
Promulgated: December 29 2007
Effective: May 1 2008
Main Contents: Article 76 of the Law has been revised. In case of a traffic accident between a motor vehicle and a driver of a non-motor vehicle or a pedestrian, the liability for the portion in excess of the scope of the compulsory third-party liability insurance for the motor vehicle shall be borne by the motor vehicle party where the driver of the non-motor vehicle or pedestrian is not at fault. Where there is evidence to prove that the driver of the non-motor vehicle or the pedestrian is at fault, the liability for compensation of the motor vehicle party shall be appropriately according to the degree of the fault of the driver of the non-motor vehicle or the pedestrian. If the motor vehicle party is not at fault, the proportion of liability for compensation that he/she bears shall not exceed 10%. Where the loss in the traffic accident is caused by the deliberate collision with the motor vehicle by the driver of the non-motor vehicle or the pedestrian, the motor vehicle party shall not bear any liability for compensation.
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