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农机事故造成的人身和财产损害赔偿责任如何划分,赔偿金额如何确定,保险公司先行赔偿后可否向农机驾驶操作人追偿,这些问题事关事故当事各方的利益。法院是农机事故损害赔偿责任纠纷的最终裁决者,了解他们对这些问题的处理意见,对农机管理人员调解、处理农机事故损害赔偿责任纠纷,对农机驾驶操作人员等农机作业相关各方维护自身的合法权益,都有一定益处。本文通过对有关法律法规、最高人民法院的司法解释和各地法院关于农机事故损害赔偿责任纠纷的20多份判决书进行系统梳理,并将变型拖拉机和三轮汽车肇
How to determine the liability for personal and property damage caused by agricultural accidents and how to determine the amount of compensation? Whether the compensation can be recovered by the insurance company after paying compensation can be reimbursed to the drivers of agricultural machinery. These issues are in the interest of all parties involved in the accident. Courts are the final adjudicators of the liability for damage caused by agricultural accidents, understand their handling opinions on these issues, reconcile the management of agricultural machinery, deal with disputes of liability for damage caused by agricultural accidents, and maintain their own rights to all parties involved in agricultural machinery such as agricultural driving operators Lawful rights and interests, have certain benefits. This article systematically combines more than 20 judgments related to relevant laws and regulations, the judicial interpretation of the Supreme People’s Court and the courts’ liability for damage caused by agricultural accidents, and combines the modified tractors and three-wheeled vehicles Zhao