[Direct answer]There is no fixed national standard for the proportion of primary and secondary liability. It is usually determined by the accident identification document and the court based on the degree of fault. In practice, the primary liability is usually about 70%, and the secondary liability is about 30%, but this is not an absolute standard. According to Article 76 of the "Road Traffic Safety Law of the People's Republic of China" (amended on April 29, 2021), if a motor vehicle causes personal injury, death, or property damage in a traffic accident, the insurance company shall first compensate within the liability limit of compulsory insurance, and the insufficient part shall be borne according to the proportion of fault; there are separate rules for motor vehicles and non-motor vehicles or pedestrians. When handling such cases in Beijing, the court will determine the proportion based on the causes of the accident, the illegal acts, and the evidence. Within the liability limit of compulsory insurance, the proportion of liability is usually not divided.

I. Problem background and typical scenarios

There are typically three scenarios: First, both parties are motor vehicles, and the primary and secondary responsibilities are determined; Second, the primary and secondary responsibilities are determined between motor vehicles and non-motor vehicles or pedestrians, and special rules need to be applied; Third, there is a dispute over the primary and secondary responsibility ratio itself, and it is hoped that the court will determine it through litigation. In the above scenarios, the determination of the ratio directly affects the amount of compensation. Parties should rationally estimate it based on the causes of the accident and the evidence, rather than simply applying the experience ratio. You can first learn about it.Personal injury and medical disputesThe calculation method of it.

Based on the general circumstances of similar cases, it is necessary to preserve medical records, surveillance footage, and consultation records in a timely manner to prevent key evidence from being difficult to restore due to the modification or loss of medical records. In addition, individual cases vary greatly, and the specific handling should still be judged comprehensively based on complete evidence and current legal provisions.

II. Key points of contention

The controversy focuses on four points: Firstly, the specific proportion of primary and secondary responsibilities is not a statutory fixed value, and it needs to be determined based on the degree of fault; Secondly, the compulsory insurance pays priority compensation, and the excess part is then shared proportionally; Thirdly, there is a bias in the rules governing motor vehicles and non-motor vehicles and pedestrians; Fourthly, the completeness of the loss items and evidence affects the final amount. At the same time, it should be noted that the determination of responsibility and the compensation ratio are two separate issues. The former is determined by the traffic police department or the court based on evidence, while the latter needs to be evaluated comprehensively based on the degree of fault, the consequences of the damage, and the insurance compensation situation. It is not appropriate to mechanically apply a fixed proportion.

The essence of such disputes lies in determining the compensation items and liability ratios reasonably, taking into account the connection between insurance claims, liability sharing, and the follow-up treatment costs.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers' practical experience in the field of traffic accident compensation shows that the disputes in cases of primary and secondary liability are mostly focused on the proportion and item calculation. There are three common problems: first, mechanically applying the 70:30 proportion and ignoring the differences in fault and special rules of individual cases; second, failing to deduct the compensation paid by the compulsory insurance first, resulting in deviations in the calculation of the amount; third, insufficient evidence of loss items, making it difficult to fully support the claim. In the judicial practice of Beijing courts, the proportion of primary and secondary liability will be determined comprehensively based on the severity of the illegal acts, the impact on the occurrence of the accident, and the evidence situation, and may fluctuate within the range of 70:30. It is recommended that parties obtain complete evidence, calculate according to the order of prioritizing the compulsory insurance and calculating the excess according to the proportion, and clarify the proportion and amount through litigation when necessary.

IV. Practical suggestions and legal basis

Action list: First, obtain the accident identification certificate and verify the primary and secondary responsibilities; Second, calculate the compensation within the limits of compulsory insurance first, and then calculate the proportion of the excess; Third, collect complete evidence of medical treatment, loss of income, nursing care, and property damage; Fourth, apply for appraisal in time if involving disability; Fifth, if no agreement can be reached through negotiation, initiate litigation in time and let the court determine the proportion and amount. For personal injury compensation, you can refer to the relevant provisions.Personal injury and medical disputes; Those interested in execution and debt collection can inquire about itCreditor's rights and debts, and enforcementLegal basis: Articles 1208 and 1213 of the Civil Code of the People's Republic of China (both of which came into effect on January 1, 2021) and Article 76 of the Road Traffic Safety Law of the People's Republic of China (amended on April 29, 2021). The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the proportion of primary and secondary responsibilities is not absolutely fixed and should be determined based on the fault and evidence. Secondly, when calculating the compensation, the compulsory insurance payment should be deducted first, and then the compensation shall be shared in proportion. Thirdly, the rules regarding motor vehicles, non-motor vehicles, and pedestrians are more special and should be applied accurately. Fourthly, having sufficient evidence can help to obtain a reasonable compensation proportion, which can be achieved through proper legal procedures.Personal injury and medical disputesThe column introduces the key points of calculation and evidence presentation. Fifthly, for cases involving insurance claims and disability assessments, it is necessary to prepare the materials simultaneously to avoid delays in compensation and final payment due to improper procedural coordination.

Therefore, it is recommended that the parties involved should focus on three key elements: fault, causality, and damage consequences. When necessary, they can use appraisal opinions to confirm professional facts. If necessary, they can engage professional lawyers to avoid losing favorable positions due to procedural or statute of limitations issues.

VI. Frequently Asked Questions

Q1: Is the division of primary and secondary responsibilities 70-30?

Not necessarily. There is no unified and fixed standard for the proportion of primary and secondary responsibilities. In practice, the primary responsibility is usually about 70%, and the secondary responsibility is about 30%. However, this proportion may be higher or lower, depending on the degree of fault, the impact of the illegal act on the accident, and the availability of evidence.

Q2: Who will determine the proportion?

The accident determination document will clarify the primary and secondary responsibilities, but the specific compensation ratio may be negotiated by the two parties or determined by the court based on the specific case. If there are disputes over the compensation ratio, the parties may request the court to determine it based on the causes of the accident and the degree of fault in the litigation. The court will make a judgment based on all the evidence of the case.

Q3: How does compulsory motor vehicle liability insurance affect the insurance ratio?

The portion of the compensation paid by compulsory insurance within the liability limit is usually not subject to the liability ratio and is directly compensated by the insurance company; the losses exceeding the compulsory insurance limit are shared by both parties according to the primary and secondary liability ratios. Therefore, when calculating, we need to first deduct the amount of compensation paid by compulsory insurance and then apply the ratio to the remaining portion.

Q4: How is the liability of non-motorized vehicles calculated?

When an accident occurs between motor vehicle drivers, non-motor vehicle drivers, and pedestrians, the legal rules tend to favor the non-motor vehicle and pedestrian parties. After determining the primary and secondary responsibilities, the compensation proportion borne by the motor vehicle party may be higher than that between motor vehicles in similar circumstances. The specific amount should be determined in accordance with the law and based on the specific circumstances of each case.

Q5: What are the compensation items included?

It usually includes medical expenses, loss of income, nursing care fees, transportation costs, hospitalization subsistence allowances, and nutrition expenses. For cases involving disability or death, it also includes compensation for disability or death, living expenses for dependents, and property losses. All items must be supported by receipts and evidence. The specific requirements shall be subject to the provisions of the law and the court's determination.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute formal legal advice for specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in a timely manner.