I. Bike collision with car, primary responsibility for bike, how to handle maintenance costs
When a bicycle crashes with a car and the bike is primarily responsible, the cost of maintenance is to be determined in combination with the accident liability ratio, insurance and compensation rules. The following is a description:
1. Proportionality of liability: the principal liability for bicycles is normally 90 per cent (e. G. 90 per cent) based on the liability for accidents. For example, in an accident when a bicycle breaks a red light and results in a collision with a normal vehicle, the traffic police assume primary responsibility for the bike, at which point the cost of bicycle maintenance is 90 per cent borne by the bicycle side in proportion to the responsibility。
2. Order of compensation: if the vehicle has been insured, the risk will first be paid within the liability limit for loss of property (usually $2,000), the insufficient portion will be paid in proportion to the commercial three-party risk, and the cyclist will bear the burden if the shortfall remains。
3. Fees for the repair of bicycles: 90 per cent of the cost of bicycles (after deduction of the premium portion) is attributable to the main responsible party, i. E., the cost of repairs to bicycles totalling $5,000, the cost of insurance totalling $2,000, and the cost of bicycles to the remaining $3,000。
How is the ratio of responsibility precisely divided? Is the compensation process clear? A professional lawyer can assist in calculating the amount of the specific compensation. Ii. Legal risks associated with the primary handling of bicycle maintenance costs
The main handling of the cost of maintenance of bicycles may be at legal risk and will require vigilance in compensating disputes and subsequent liability. The following is a description:
1. Indictments for maintenance costs: if the bicycle party fails to pay the car party or its own maintenance costs on time, the counterparty has the right under the road traffic safety act to bring proceedings before a court to enforce the obligation to pay compensation, such as the payment of maintenance fees and interest by the bicycle party following the action by the car party。
2. Additional costs of litigation are incurred: in the event of non-consultation, the prosecution may incur legal fees, costs of litigation, etc., and, in the event of failure, bear the reasonable costs of defending the other party's rights, thereby increasing the financial burden。
3. Impacts on personal credit: long-term failure to comply with the obligation to pay compensation may be the subject of an application for enforcement, or, in case of continued non-compliance, a personal credit report may be the subject of a record of a breach of faith, affecting activities such as a follow-up credit。
Fear of mishandling charges? A lawyer can help you assess the risk of liability, develop repayment plans and avoid escalating legal disputes。
Iii. Cases where the main liability for bicycles cannot be claimed for repair costs
The owner of the bicycle shall not be entitled to claim compensation for the maintenance expenses of the car and shall be liable for it:
1. Bicyclists intentionally crash motor vehicles: if a bicycle driver intentionally crashes a vehicle, the motor vehicle shall not be fault-free and liable under article 76 of the law of the people's republic of china on road traffic safety, and the cost of bicycle maintenance shall be borne by itself。
2. There are major faults on the side of the bicycle and no fault on the side of the vehicle: for example, the car is travelling normally, the bike is suddenly passing through the street without observing the road, and the traffic policeman holds the bike primarily responsible, at which point the car is not responsible for the bicycle maintenance。
3. The accident was time-barred: the bicycle party could not claim compensation from the car party if it had not claimed compensation for more than three years from the date on which it knew or ought to have known that the right had been impaired and if the period was interrupted or suspended without limitation。
Uncertainty as to whether they are entitled to claim? The lawyer can help you to clarify the boundaries of responsibility. Iv. What are the steps to be taken to resolve the cost of repair while the bicycle is primarily responsible
In the case of the main responsibility for bicycles, the negotiated settlement of maintenance costs can be carried out according to the following steps to increase efficiency and success:
1. Proof of a fixed accident: retention of the road traffic award issued by the traffic police, specifying the proportion of liability; photographing of bicycles and car damage; retention of documents such as maintenance invoices from maintenance stores。
2. Communication with each other: making an initiative to contact the motorist and insurance companies, clarifying the division of responsibilities (e. G. 90 per cent of the principal liability), proposing specific compensation schemes (e. G. Instalment payments, preferential use of insurance payments, etc.)。
3. Written agreement: a written agreement, signed by consensus, indicating the total amount of maintenance costs, the time, manner of payment and liability for breach of contract, signed by both parties to confirm and avoid subsequent disputes。
4. Failure to negotiate: if this is unsuccessful, a request for conciliation may be made to the transfer authority or a civil action may be brought directly before the court, which shall decide in accordance with the law。
In sum, the cost of repairing bicycles when the cycle is primarily responsible is 90 per cent of the liability, and may be exposed to the risks of prosecution, additional costs and not being entitled to claim compensation only in cases of intentional collisions or no fault of the other party; a negotiated settlement requires the fixing of evidence, the conclusion of agreements and, if necessary, the safeguarding of rights through mediation or litigation。
Complicated determination of liability and calculation of compensation for accidents? A professional lawyer can assist you in negotiating, responding to litigation and helping you to handle maintenance fee disputes and reduce legal risks。
