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第一千二百一十二条 未经允许驾驶他人机动车,发生交通事故造成损害,属于该机动车一方责任的,由机动车使用人承担赔偿责任;机动车所有人、管理人对损害的发生有过错的,承担相应的赔偿责任,但是本章另有规定的除外。
Article 1212
Where a person drives another person’s motor vehicle without authorization, the
user of the motor vehicle shall bear the liability for compensation if damage is
caused as a result of a traffic accident and the liability is attributed to the
motor vehicle driver; the owner or manager of the motor vehicle shall bear the
liability for compensation if he has fault which contributes to the damage,
unless otherwise provided in this Chapter.
第一千二百一十三条 机动车发生交通事故造成损害,属于该机动车一方责任的,先由承保机动车强制保险的保险人在强制保险责任限额范围内予以赔偿;不足部分,由承保机动车商业保险的保险人按照保险合同的约定予以赔偿;仍然不足或者没有投保机动车商业保险的,由侵权人赔偿。
Article 1213
Where damage is caused to another person as a result of a traffic accident and
the liability is attributed to the motor vehicle driver, compensation shall be
made first by the insurer that underwrites the compulsory motor vehicle
insurance within the limit of the insured liability. The deficiencies shall be
paid by the insurer that underwrites the commercial motor vehicle insurance in
accordance with the stipulations of the insurance contract. Any remaining
balance or the part not covered by any commercial motor vehicle insurance shall
be paid by the tortfeasor.
第一千二百一十四条 以买卖或者其他方式转让拼装或者已经达到报废标准的机动车,发生交通事故造成损害的,由转让人和受让人承担连带责任。
Article 1214
Where damage is caused as a result of a traffic accident involving a motor
vehicle that has been illegally assembled or has reached the end-of-life
standard which is transferred by way of sale or by other means, the transferor
and the transferee shall assume joint and several liability.
第一千二百一十五条 盗窃、抢劫或者抢夺的机动车发生交通事故造成损害的,由盗窃人、抢劫人或者抢夺人承担赔偿责任。盗窃人、抢劫人或者抢夺人与机动车使用人不是同一人,发生交通事故造成损害,属于该机动车一方责任的,由盗窃人、抢劫人或者抢夺人与机动车使用人承担连带责任。
Article 1215
Where damage is caused as a result of a traffic accident involving a motor
vehicle that has been stolen, robbed, or snatched, the thief, robber, or
snatcher shall bear the liability for compensation. Where the aforementioned
motor vehicle is used by a person other than the thief, robber, or snatcher and
causes damage in a traffic accident, if the liability is attributed to the motor
vehicle driver, the thief, robber, or snatcher shall assume joint and several
liability with the user.
保险人在机动车强制保险责任限额范围内垫付抢救费用的,有权向交通事故责任人追偿。
Where an insurer pays the expenses for rescue within the limits of the
compulsory insurance liability for motor vehicles, it has the right to
indemnification against the person who is liable for the traffic accident.
第一千二百一十六条 机动车驾驶人发生交通事故后逃逸,该机动车参加强制保险的,由保险人在机动车强制保险责任限额范围内予以赔偿;机动车不明、该机动车未参加强制保险或者抢救费用超过机动车强制保险责任限额,需要支付被侵权人人身伤亡的抢救、丧葬等费用的,由道路交通事故社会救助基金垫付。道路交通事故社会救助基金垫付后,其管理机构有权向交通事故责任人追偿。
Article 1216
In a hit-and-run accident, if the motor vehicle is insured by a compulsory
insurance, compensation shall be paid by the insurer within the limit of the
insured liability. Where the motor vehicle cannot be located, is not covered by
the compulsory insurance, or the rescue expenses exceed the limit of liability
of the compulsory motor vehicle insurance, and payment needs to be made against
the rescue, funeral, and other expenses incurred as a result of the death or
bodily injury of the infringed person, such payment shall be paid from the
Social Assistance Fund for Road Traffic Accidents. After the Social Assistance
Fund for Road Traffic Accidents makes the payment, its administrative agency has
the right to indemnification against the person who is liable for the traffic
accident.
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