How Should Compensation Be Handled When a Motor Vehicle Collides with an Over-standard Electric Vehicle?
4 Answers
When a motor vehicle collides with an over-standard electric vehicle, the compensation is primarily determined based on the accident scene conditions and the accident liability certificate issued by the traffic police. There is no inherent connection with whether the electric vehicle exceeds standards or is classified as a motor vehicle. If the motor vehicle is deemed responsible, the liability proportion cannot be reduced on the grounds that the electric vehicle is a non-motor vehicle during civil compensation. The liability division for motor vehicle traffic accidents is as follows: 1. Traffic accident liability ratio: For accidents between motor vehicles, the party at fault bears the traffic accident compensation liability. If both parties are at fault, the liability is shared according to their respective fault proportions: the party primarily responsible bears 70%; equally responsible parties bear 50%; the party secondarily responsible bears 30%. 2. Motor vehicle liability ratio: For accidents between motor vehicles and non-motor vehicles, or between motor vehicles and pedestrians, the motor vehicle party bears the liability for the portion exceeding the liability limit. However, if there is evidence that the non-motor vehicle driver or pedestrian violated traffic safety laws and regulations, and the motor vehicle driver has taken necessary measures, the motor vehicle party primarily responsible bears 80%; equally responsible bears 60%; secondarily responsible bears 40%; if the motor vehicle party is not at fault, it bears 10%.
When a motor vehicle collides with an over-standard electric bike, compensation is determined based on the proportion of liability. According to traffic laws, over-standard electric bikes may be classified as motor vehicles due to exceeding speed or weight limits, meaning the owner may bear responsibility. After an accident, the first step is to call the police so traffic officers can inspect the scene. The liability determination report will clarify who is at fault. If the motor vehicle driver is fully at fault, they must cover all compensation, including medical expenses, vehicle repair costs, and potential lost wages for the other party. However, if the over-standard electric bike itself was illegally on the road (e.g., unregistered or uninsured), the other party may also share liability. Regarding insurance, your compulsory traffic insurance (交强险) can advance partial medical expenses, while commercial insurance will reimburse repair costs based on liability proportion. It's advisable to contact your insurer immediately after an accident and avoid private settlements to prevent disputes. Always drive cautiously, slow down at intersections, and yield to reduce such risks.
If your car collides with an over-standard electric bicycle, the claims process is crucial. Insurance companies typically determine compensation based on accident liability: if the over-standard vehicle is classified as a motor vehicle, the other party must have insurance; otherwise, your compulsory traffic insurance will cover within its limits. Commercial insurance will handle repair costs based on the liability ratio. Remember not to move the scene after an accident—take photos and videos as evidence, and immediately report to the police to obtain a liability report. In reality, over-standard e-bikes often lack insurance, making compensation more complicated, and the car owner may have to bear more costs. To avoid losses, it’s advisable to purchase comprehensive insurance, including third-party liability coverage, which provides more confidence in such collisions. Stay patient during the process, as insurers will assign specialists to follow up. Also, pay attention to e-bike classification rules—don’t overlook small details.
I've encountered a similar situation where my car hit an overspeeding e-bike. The key to compensation lies in determining fault. Since non-compliant e-bikes violate regulations, traffic police may deem the rider at fault, but sometimes both parties share responsibility. When handling such incidents: first call 122 to report without moving vehicles, take photos, then notify your insurer. Compensation covers personal injury and vehicle damage - if the other party lacks insurance, your compulsory traffic insurance covers initial payments; commercial insurance reimburses repair costs proportionally. Always document the other party's details for potential recourse. To prevent such accidents, maintain vigilance around e-bikes and reduce speed at intersections.
