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交通事故中,在机动车造成非机动车、行人人身伤亡,且机动车和非机动车、行人均无过错时,应该适用无过错责任归责原则,由机动车主承担全部责任。而机动车承担不超过百分之十的赔偿责任的前提,不仅需要具备机动车不存在过错的条件,还需要具备非机动车、行人有过错的条件。在此类案件中,即使机动车没有过错,其投保人也应该在有责保险范围内承担责任。
In a traffic accident, when a motor vehicle causes personal injury or death to non-motor vehicles and pedestrians, and the motor vehicles and non-motor vehicles and pedestrians are both at fault, the principle of no-fault liability should be applied. The motor vehicle owner takes full responsibility. However, the premise that motor vehicles bear not more than 10% of liability shall not only be required to have the condition of fault-free vehicles, but also be provided with the conditions of non-motor vehicles and pedestrians’ fault. In such cases, even if the vehicle is not at fault, its policyholders should also assume liability within the scope of the insurance coverage.