Drivers in China may only have to pay 10 percent of the cost of
damage caused by accident that is above the insurer's pay out as
the country's top legislature is discussing an amendment to the
much-disputed road transportation safety law.
According to a draft amendment to the law, automobile drivers
will be asked to pay less than 10 percent of the compensation that
exceeds the mandatory vehicle insurance for accidents involving
non-motorized vehicle drivers or pedestrians-- if they can prove
the victim broke traffic laws first and the automobile drivers
tried to avoid the accident, the Beijing News reported
today.
The current law says automobile drivers should take
responsibility for accidents involving cyclists or pedestrians, no
matter who is at fault. But their responsibility could be eased to
some extent if evidence proves that they have taken necessary
action to try to avoid the accident.
The current law was heavily criticized by car owners when it
went into effect in 2004.
The draft also clarifies that automobile drivers should pay 60
percent of the cost of an accident if both involved parties are
equally to blame.
Automobile drivers will pay 80 percent of the compensation if
cyclists or pedestrians take minor responsibility, the draft said.
But they will only be asked to pay 40 percent if cyclists or
pedestrians are found to have played the major role in causing the
accident.
In December, 2005, Beijing driver Liu Huan was ordered to pay
nearly 100,000 yuan (US$13,000) to the family of Cao Zhixiu, who
was knocked down and killed when illegally crossing a main road,
which is off limits to pedestrians.
China reported 159,000 road accidents in the first six months of
this year, in which 37,000 people were killed and 189,000 were
injured, the Ministry of Public Security said.
(Shanghai Daily October 25, 2007)