The question of who pays the traffic accident compensation first 10

The main responsibility of the vehicle party and the liability of the pedestrian can be coordinated with the insurance company, and the insurance company may advance a part of it, or it can require the injured party to pay some of it himself.

Don't pay in advance, even if you are fully responsible, you don't have to pay a penny in advance! How much is the third liability insurance of your commercial insurance?

Article 75 of China's "Road Traffic Safety Law" stipulates that medical institutions shall promptly rescue the injured persons in traffic accidents, and shall not delay treatment because the rescue expenses are not paid in time. If the vehicle involved in the accident participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the liability limit; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape after the accident, the road traffic accident social assistance ** shall pay part or all of the rescue expenses in advance, and the road traffic accident social assistance ** management agency has the right to recover from the person responsible for the traffic accident. “”

Who pays the expenses of the injured in a car accident first What is the compensation standard for traffic accidents.

If the insured motor vehicle has a road traffic accident and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the limit of compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law.

However, if the damage caused by the road accident is intentionally caused by the victim, the insurance company will not compensate for it.

If there is a rescue expense that exceeds the liability limit of the compulsory insurance for motor vehicle traffic accident liability; The motor vehicle involved in the accident has not participated in the compulsory motor vehicle traffic accident liability insurance; In the case of a motor vehicle accident and escape, the funeral expenses and part or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the state to establish a road traffic accident social assistance **, and the aid management agency has the right to recover from the person responsible for the road traffic accident.

In any of the following circumstances, the funeral expenses and part or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the rescue management agency shall have the right to recover from the person responsible for the road traffic accident

1) The rescue expenses exceed the liability limit of the compulsory insurance for motor vehicle traffic accident liability;

2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability;

3) Fleeing after a motor vehicle accident.

Legal basis: Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provides that medical expenses shall be determined on the basis of the receipt vouchers for medical expenses, hospitalization fees and other receipts issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

The general law does not clearly stipulate that the compensation standards for traffic accidents are medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

[Legal basis].Article 17 of the Supreme People's Court's Interpretation on the Application of Law in the Trial of Personal Injury Compensation Cases.

The person obligated to compensate the victim for personal injury, all expenses incurred for medical treatment, and the income from the loss of work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate Zhaoshen for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive devices, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

The conditions for applying for advance compensation for traffic accidents are: if the rescue expenses exceed the liability limit, and if the motor vehicle does not participate in the compulsory third-party liability insurance of the motor vehicle or escapes after the accident, the road traffic accident social assistance** will pay part of the rescue expenses or all the rescue expenses of the hail fiber in advance.

[Legal basis].

Article 75 of the Road Traffic Safety Law of the People's Republic of China provides that medical institutions shall promptly rescue persons injured in traffic accidents, and shall not delay treatment because rescue expenses are not paid in a timely manner. If the vehicle involved in the accident participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the liability limit; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape after the accident, the Daohong Jing Road Traffic Accident Social Assistance** shall pay part or all of the rescue expenses in advance, and the road traffic accident social assistance ** management agency has the right to trace the source of the traffic accident responsible for compensation.

Conditions for applying for advance compensation for traffic accidents:

1. The rescue expenses exceed the liability limit;

2. Failure to participate in compulsory third-party liability insurance for motor vehicles or escape after a hit-and-run. In the event of the above situation, it is suspected that part or all of the rescue expenses will be paid in advance by the road traffic accident social assistance**.

[Legal basis].Article 20 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability Article 4 The state shall establish social assistance for road traffic accidents** (hereinafter referred to as assistance**). In any of the following circumstances, the funeral expenses and part or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the rescue management agency shall have the right to recover from the person responsible for the road traffic accident:

1) The rescue expenses exceed the liability limit of the compulsory insurance for motor vehicle traffic accident liability;

2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability;

3) Fleeing after a motor vehicle accident.

In the event of a traffic accident, the conditions for applying for advance payment include:

1. The rescue expenses exceed the liability limit;

2. Failure to participate in compulsory third-party liability insurance for motor vehicles or escape after a hit-and-run. In the event of any of the above circumstances, the road traffic accident social assistance** shall pay part or all of the rescue expenses in advance.

1. Does the law stipulate that the perpetrator has the obligation to pay the medical expenses in advance?

The law does not impose an obligation on the perpetrator to pay for the medical bills. The traffic police will also not determine the amount of compensation and will not force the perpetrator to pay in advance. It can only organize mediation between the parties.

The basic principle of mediation is voluntary. If mediation fails, the court shall make a judgment. In China, only mediation agreements from courts and arbitration institutions are enforceable.

Therefore, any payment should be made by the perpetrators themselves before the verdict is decided. If the vehicle participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the liability limit; If the rescue expenses exceed the liability limit, and the person who has not participated in the compulsory third-party liability insurance of the motor vehicle or escapes after the accident, the road traffic accident social assistance ** shall pay part or all of the rescue expenses in advance, and the road traffic accident social assistance base shall have the right to recover from the person responsible for the traffic accident.

Second, whether to advance money after a car accident.

After a car accident, the victim's side can advance money first. According to Article 75 of the Road Traffic Safety Law, medical institutions shall promptly rescue injured persons in traffic accidents, and shall not delay treatment due to failure to pay rescue expenses in a timely manner. If the vehicle involved in the accident participates in the compulsory third-party liability insurance of the motor vehicle, the insurance company shall pay the rescue expenses within the liability limit; If the rescue expenses exceed the liability limit, and those who do not participate in the compulsory third-party liability insurance of motor vehicles or escape after the accident, the road traffic accident social assistance ** shall pay part or all of the rescue expenses in advance, and the road traffic accident social assistance ** management agency has the right to recover from the person responsible for the traffic accident.

Article 24 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability.

The State shall establish social assistance for road traffic accidents** (hereinafter referred to as assistance**). In any of the following circumstances, the funeral expenses and part or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the rescue management agency shall have the right to recover from the person responsible for the road traffic accident

1) The rescue expenses exceed the liability limit of the compulsory insurance for motor vehicle traffic accident liability;

2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability;

3) Fleeing after a motor vehicle accident.

According to the total amount of compensation, the compensation amount will be divided with the insurance park according to the ratio of four chains and six. If the compensation paid in advance exceeds the individual's share of liability, the insurance company can be requested to refund the excess to the individual. If the advance is insufficient, the individual will have to pay more.

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