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Insurance compensation implements the principle of compulsory payment first, and then business. The compensation of compulsory traffic insurance is not divided into the proportion of accident liability, but only according to whether there is liability compensation, and the multi-party liability is distributed according to the quantity.
A lost 880 yuan, and B and C each compensated 440 yuan from their respective compulsory traffic insurance. B lost 3,400 yuan, and A and C each compensated 1,700 yuan from the compulsory traffic insurance. C lost 600 yuan, and A and B each went to compensate 300 yuan from the compulsory traffic insurance.
Then, A's compulsory traffic insurance needs to compensate a total of 1700 + 300 = 2000 yuan, B's compulsory traffic insurance needs to compensate 440 + 300 = 740 yuan, and C's compulsory traffic insurance needs to compensate 1700 + 440 = 2140 yuan.
Then, there will be a problem, in the case of liability, the compensation limit for property damage is only 2,000 yuan. However, the liability for compensation to be borne by C is more than 2,000, and the extra 140 yuan needs to be borne by the individual, which is a compensation method under only compulsory traffic insurance, and it is complicated if you consider the compensation of commercial insurance.
Therefore, compensation in such cases will generally be negotiated and settled. The reference is as follows: A and C are both liable, and the loss does not exceed 2000, they can take mutual self-compensation, each claim from their respective insurance companies, B's loss of 2000 is compensated by their own compulsory traffic insurance, and the remaining 1400 yuan is borne by A and C respectively 700 yuan, and claim from their respective insurance companies.
That is, A compensates 880 + 700 = 1580 yuan, B compensates 2000, and C compensates 600 + 700 = 1300, which requires mediation by the traffic police and agreement of all parties.
Generally, in the handling of accidents, in order to avoid complications, the traffic police will indicate who is responsible for the loss that can be distinguished, such as A is responsible for the tail of his car, B is responsible for his own head, C is responsible for the tail of B and his own head, and the insurance claim can be carried out according to the division of the traffic police, which is simple.
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What is the compensation ratio of compulsory traffic insurance and what is the compensation limit?
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Legal Analysis: Compulsory Insurance Liability Limits for Motor Vehicle Traffic Accident Liability:
1) Compensation limit for liability of motor vehicles in road traffic accidents Compensation limit for death and disability: RMB 110,000;
Medical Expenses Limit: RMB 10,000;
What is the source of the compensation limit for property damage: 2,000 RMB.
2) Compensation limit for motor vehicles not responsible for road traffic accidents Compensation limit for death and disability: RMB 11,000;
Medical Expenses Compensation Limit: RMB 1,000;
Property damage compensation limit: 100 RMB.
Legal basis: "Compulsory Insurance Clause for Motor Vehicle Traffic Accident Liability" Article 6 The liability limit in the compulsory traffic insurance contract refers to the maximum amount of compensation borne by the insurer for the personal and property losses of all victims of each insured accident in the event of a traffic accident of the insured motor vehicle. Among them, the compensation limit of no liability is divided into the compensation limit for death and disability without liability, the compensation limit for Li Zheng, the compensation limit for medical expenses without liability and the compensation limit for property damage without liability.
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1. What is the scope of compensation for compulsory traffic insurance?
1. The scope of compensation for compulsory traffic insurance includes: medical expenses, nursing expenses, lost work expenses, accommodation expenses, transportation expenses, living expenses of dependents, disability compensation, disability assistive devices, ** expenses, death compensation, funeral expenses, property damage expenses and mental injury solace. Among them, medical expenses include medical expenses, diagnosis and treatment fees, hospitalization expenses, inpatient meal subsidies, necessary and reasonable follow-up expenses, cosmetic surgery expenses, and nutrition expenses.
2. The liability limit of compulsory traffic insurance refers to the maximum amount of compensation borne by the insurance company for the personal and property losses of all victims of each insured accident in the event of a traffic accident during the insurance period (usually one year). Sail as sails.
2. Methods of compensation for compulsory traffic insurance.
1. The full name of compulsory traffic insurance is compulsory insurance for motor vehicle traffic accident liability, which is a compulsory liability insurance for the personal and property losses of the victim (excluding the vehicle personnel and the insured) caused by a road traffic accident caused by the insured motor vehicle within the liability limit.
2. If the compulsory traffic insurance claims involve a third party ** or property damage road traffic accident, the insured should first contact 120 emergency ** (if there is a person**), call 122 traffic police**, and call the insurance company's customer service ** to report, cooperate with the insurance company to investigate the scene, and according to the situation, the insurance company can be required to pay or advance the rescue fee. The insurance company shall, within 1 day from the date of receipt of the compensation application, inform in writing of the certificates and materials related to the compensation that need to be provided; Within 5 days from the date of receipt of the certificate and materials, the insurance liability shall be verified and the result shall be notified to the insured. For those that do not belong to insurance liability, the reason for the hail shall be explained in writing.
For those who are liable for insurance, the insurance money shall be paid within 10 days after reaching an agreement with the insured to compensate the insurance money.
3. Calculation method of compensation for compulsory traffic insurance.
According to Article 23 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability, the compulsory insurance of motor vehicle traffic accident liability implements a uniform liability limit nationwide. Liability limits are divided into death and disability compensation limits, medical expense compensation limits, property damage compensation limits, and compensation limits for the insured who is not liable in road traffic accidents. The specific amount of compensation is as follows: 1. The liability limit of the compensation limit of the compulsory traffic insurance is as follows:
1) The compensation limit for death and disability is 110,000 yuan;
2) The compensation limit for medical expenses is 10,000 yuan;
3) The compensation limit for property damage is 2,000 yuan;
2. The limit of compensation limit and non-liability of compulsory traffic insurance is as follows:
1) The compensation limit for death and disability is 11,000 yuan;
2) The compensation limit for medical expenses is 1,000 yuan;
3) The compensation limit for the loss of property is 100 yuan.
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There are two kinds of calculation of compulsory traffic insurance compensation: 1. The compensation limit for the liability of the motor vehicle in the road traffic accident: the death and disability compensation limit
110,000 RMB; Medical expenses Compensation limit: 10,000 RMB, property damage compensation limit: 2,000 RMB.
2. Compensation limit for motor vehicles that are not responsible in road traffic accidents: Compensation limit for death and disability: 11,000 yuan for medical expenses
1000 RMB; Property damage compensation limit: 100 RMB. Article 21 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability If a road traffic accident occurs in a motor vehicle other than the person or the insured, the insurance company shall compensate within the limit of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law.
If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.
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Motor Vehicle Traffic Accident Liability Compulsory Insurance Liability Limit:
1) Compensation limit for motor vehicles liable for road traffic accidents Compensation limit for death and disability: RMB 110,000;
Medical Expenses Reimbursement Limit: RMB 10,000;
Property damage compensation limit: 2,000 RMB.
2) Compensation limit for motor vehicles not responsible for road traffic accidents Compensation limit for death and disability: RMB 11,000;
Medical Expenses Compensation Limit: RMB 1,000;
Property damage compensation limit: 100 RMB.
Legal basis: Article 6 The liability limit in the compulsory traffic accident insurance contract refers to the maximum amount of compensation borne by the insurer for the personal and property losses of all victims of each insured accident in the event of a traffic accident of the insured motor vehicle. Among them, the compensation limit of no liability is divided into the compensation limit for death and disability without liability, the compensation limit for medical expenses without liability and the compensation limit for property damage without liability.
Millions of car purchase subsidies.
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The compensation standards of compulsory traffic insurance are as follows:
1. Medical expenses, medical expenses are the expenses that the victim must pay for medical examination, training and training after suffering personal injury;
2. Labor expenses, lost work expenses are the loss of income caused by the victim's inability to go to work normally due to injury** and recuperation;
3. Nursing expenses, regardless of urban and rural residents;
4. Transportation expenses are calculated according to the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer.
Do you have to pay the medical expenses in advance?
After the collision, the law does not clearly stipulate that medical expenses need to be paid in advance. However, the specific situation should be distinguished, the first thing you need to do is to call 120, and then call the traffic police ** or the insurance company**. In a traffic accident, it is difficult for the car owner to correctly judge who is the main responsible party, so the car owner needs the traffic police or insurance company personnel to give the answer.
Legal basis: Article 2 of the Insurance Law of the People's Republic of China.
The term "insurance" as used in this Law refers to the commercial insurance behavior in which the insured pays insurance premiums to the insurer in accordance with the contract, and the insurer bears the responsibility of compensating for the property losses caused by the occurrence of accidents that may occur as agreed in the contract, or bears the responsibility of paying insurance benefits when the insured dies, is disabled, sick, or reaches the age and time limit agreed in the contract.
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