In traffic accidents, non-motor vehicles and pedestrians are not legally obligated to provide compensation
Update time：2025/8/22 16:16:37 Browse times：5
CASE
Zhang San was driving a motor vehicle and had a traffic accident with Li Si while walking. Li Si was not injured. Zhang San's motor vehicle collided with the roadside barrier to avoid Li Si, causing serious damage to the vehicle. The traffic police immediately determined that pedestrian Li Si was mainly responsible for the accident. Zhang San requested Li Si to leave his contact information and stated that he would contact Li Si for compensation after repairing the car. The traffic police informed on the spot that Li Si did not need to compensate for the repair costs, even if Li Si was fully responsible, there was no need for compensation. Zhang San expressed his incomprehension. After Zhang San reported the case to the insurance company, the insurance company ultimately bore all the costs of repairing the motor vehicle. The insurance company believed that Li Si was the liable party for infringement, and according to Article 60 of the Insurance Law of the People's Republic of China, "If an insurance accident is caused by a third party's damage to the insured subject matter, the insurer shall, from the date of compensating the insured, exercise the insured's right to claim compensation from the third party within the scope of the compensation amount." The insurance company fulfilled its insurance liability and had the right to claim compensation from the third party Li Si in accordance with the law. Therefore, it demanded that Li Si compensate for the repair costs. Will the final court support the insurance company's lawsuit request?
The answer is not supported.
According to Article 128 of the Civil Code of the People's Republic of China, if a motor vehicle causes damage in a traffic accident, it shall bear compensation liability in accordance with the relevant provisions of road traffic safety laws and this law. Article 76, Paragraph 2 of the Road Traffic Safety Law of the People's Republic of China stipulates: "If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle 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 for compensation of the motor vehicle shall be appropriately reduced according to the degree of fault; if the motor vehicle driver or pedestrian is not at fault, the liability for compensation shall not exceed 10%.
According to the above legal provisions, in the event of a traffic accident between a motor vehicle and pedestrians or non motor vehicles, the motor vehicle party shall bear no fault liability. If pedestrians or non motorized vehicles are at fault in a traffic accident, according to the principle of offsetting fault, the motor vehicle's liability for damages can be reduced. Therefore, when a traffic accident occurs between a motor vehicle and a pedestrian or non motor vehicle, the law only stipulates the compensation liability of the motor vehicle party, and does not require the pedestrian or non motor vehicle party to bear the compensation liability for the losses of the motor vehicle party in this situation. In practice, as a means of high-speed transportation, motor vehicles pose much greater risks than pedestrians and non motorized vehicles. The purpose of relevant legal provisions is to encourage motor vehicle drivers to exercise a high degree of caution in driving, prevent and reduce traffic accidents, and also reflect the legislative purpose of prioritizing the protection of the weak and the substantive justice of the judiciary. By reducing the compensation liability of motor vehicles to pedestrians and non motor vehicles, laws and regulations have achieved the compensation of property losses of the motor vehicle party and the fault evaluation of pedestrians and non motor vehicles. Moreover, by guiding motor vehicles to purchase commercial third-party insurance, especially vehicle loss insurance, the sharing and transfer of property loss risks of the motor vehicle party has been realized. The significance of the existence of insurance companies lies in assuming the function of social risk protection, rather than protecting their own profits. After compensating the insured for vehicle losses according to the insurance contract, the insurance company has no right to claim subrogation rights on the premise that pedestrians and non motor vehicles are not legally liable for compensation for property losses on the motor vehicle side.
Under the current legal framework, in traffic accidents involving motor vehicles, non motor vehicles, and pedestrians, the motor vehicle party has a statutory compensation obligation, while non motor vehicles and pedestrians do not have a statutory compensation obligation.
Lawyer Introduction
Guo Liang
Phone: 13764211168
Email: guoliang@gcls.cn
Lawyer Guo Liang graduated from Shanghai Jiao Tong University with a Master's degree in Law and is a partner at Guochuang Law Firm. Lawyer Guo Liang has a solid foundation in law and the ability to analyze and judge practical problems. He has a keen awareness and prevention ability for various legal risks; Having excellent management and organizational skills, able to handle multiple legal affairs simultaneously, and ensuring high-quality work results. Its professional fields include shareholder rights, share transfer, capital contribution, equity confirmation, liability for damages to company interests, as well as various contract and infringement disputes related to the company.
