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If there is an injury and it is more serious, out of humanitarianism, you can pay some necessary expenses in advance, but do not pay the rest in advance, and wait for the insurance company to deal with it.
If the other party insists that you pay in full, let the other party sue you and your insurance company, and you don't have to appear in court, the insurance company can appear in court.
If it is a minor accident, it is better not to pay in advance, or wait for the other party to sue.
Insurance companies actually have a complete set of processes.
a. In case of an accident, call the police first, and the other party will never be able to sign and close the case without losing money.
b. Go to the 4S shop to repair the car and pay in advance with a credit card.
c. If the other party's insurance is insufficient, we have car damage insurance, you can subrogate, and leave everything to the insurance company.
d. If the other party's insurance is sufficient, claim directly from the other party's insurance company.
e. If both insurance companies refuse, just sue.
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Did it hurt someone? How do the traffic police divide responsibilities?
If there is an injury, and it is more serious, out of humanitarianism, you can pay some necessary expenses in advance, but do not pay the rest, wait for the insurance company to deal with it, if the other party insists that you pay all in advance, let the other party sue you and your insurance company, you don't have to appear in court, the insurance company can appear in court.
If it is a minor accident, it is better not to pay in advance, or wait for the other party to sue.
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If the insurance company pays the accident claim in advance, the insurance company or the accident liability determination party can be required to pay in advance, but it should not affect the medical situation as the principle, and the insurance company shall transfer the money to the hospital account with the "Notice of Payment (Advance) of Accident Rescue Expenses" issued by the traffic police department, and apply for advance payment of rescue expenses, the maximum amount of advance payment is usually 10,000 yuan, and the relevant situation can be handled and determined through the judgment of the judicial organ in the later stage, so as to avoid errors in the application of law.
1. In the event of a traffic accident, it is generally not necessary to pay in advance. In the following circumstances, the insurance company shall pay the rescue expenses in advance:
1. The driver is not qualified to drive or is drunk;
2. The accident is caused during the theft and robbery of the insured motor vehicle;
3. The insured deliberately causes a road traffic accident. If the car is rear-ended, the other party is fully responsible, and you do not need to report insurance. The fully responsible party shall inform the insurance company, and the insurance company will give compensation after assessing the loss, and if the other party does not have insurance status, the fully responsible party shall be responsible for all compensation.
2. The process of advance payment of medical expenses by insurance companies:
If the insurance company needs to pay or advance the rescue expenses due to the rescue of the injured person, the insurance company shall, after receiving the notice from the traffic management department of the public security organ, pay or advance the rescue expenses to the medical institution in a timely manner after verification. If the rescue of the injured person needs to be paid in advance by the rescue management agency, the rescue management agency shall promptly pay the rescue expenses to the medical institution after receiving the notice from the traffic management department of the public security organ.
Legal basis
Article 75 of the Road Traffic Safety Law of the People's Republic of China.
Medical establishments shall promptly rescue persons injured in traffic accidents, and must 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 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.
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Legal Analysis: No Reimbursement. The driver who caused the accident should pay the rescue expenses and necessary surgery expenses of the injured in a timely manner, so as to at least ensure that the injured person's injury is not expanded due to lack of money for medical treatment, which delays the best opportunity, which not only causes the injured person to suffer more serious injuries, but also invisibly increases the liability of the infringer and the insurance company in the later stage of compensation.
Legal basis: Article 30 of the Social Insurance Law of the People's Republic of China The following medical expenses are not included in the scope of payment of basic medical insurance**: (1) shall be paid from work-related injury insurance**; (2) It shall be borne by a third party; (3) It shall be borne by public health; (4) Seeking medical treatment outside the country.
Medical expenses shall be borne by the third party in accordance with the law, and if the third party does not pay or the third party cannot be determined, the basic medical insurance shall pay in advance. After the basic medical insurance** is paid in advance, it has the right to recover from a third party.
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Legal Analysis: Yes. China's Road Traffic Safety Law stipulates that medical institutions shall promptly rescue injured persons in traffic accidents, and shall not delay treatment due to failure to pay rescue expenses 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;
Legal basis: Article 31 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability The insurance company may compensate the insured for the insurance money, or directly compensate the victim for the insurance money. However, if the insurance company needs to pay or advance the rescue expenses due to the rescue of the injured person, the insurance company shall, after receiving the notice from the traffic management department of the public security organ, pay or advance the rescue expenses to the medical machine after verification.
If it is necessary for the rescue management agency to pay the rescue expenses in advance due to the rescue of the injured person, the rescue management agency shall promptly pay the rescue expenses to the medical institution after receiving the notice from the traffic management department of the public security organ.
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In the event of a traffic accident, the motor vehicle party should not advance money.
You can contact the insurance company to pay the medical expenses within 10,000 yuan.
Don't advance money yourself.
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In the event of a traffic accident, the police will be called at the first time, and the public security traffic police will determine the responsibility and responsibility. Call 120 immediately if you find someone injured, and rescuing the injured is the first priority. Then call the insurance company's **, and the insurance company will handle the aftermath.
There is no obligation to advance money, whether or not it is responsible.
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If you have vehicle insurance, don't advance money yourself, if you advance money, even the insurance company won't intercede with you when dealing with it.
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In the event of a traffic accident, whether it is your responsibility or not, you must first find the insurance company and let the insurance company solve the accident medical expenses for you.
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Theoretically, there is no need to pay in advance, one is that you can apply for some compensation from the insurance company in advance, and the other is that the injured person pays by himself. However, in practice, the person responsible for the advance will generally pay some, if the advance is made, remember to get the invoice and get the receipt.
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Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability
Article 31 An insurance company may compensate the insured for the insurance money, or may directly compensate the victim for the insurance money. However, if the insurance company needs to pay or advance the rescue expenses due to the rescue of the injured person, the insurance company shall, after receiving the notice from the traffic management department of the public security organ, pay or advance the rescue expenses to the medical institution in a timely manner after verification. This means that the insurance can pay the medical expenses in advance.
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In traffic accidents: First, the party responsible for the accident is obliged to pay the medical expenses of the injured person.
Second: You can also ask the culprit party to contact his insurance company to pay in advance.
Thirdly, you can apply for road assistance** advance.
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Out of danger? Immediately contact the traffic police, insurance company.
Don't pay a penny yourself, leave everything to the insurance company. If you advance money, you will lose money in the end.
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After a traffic accident occurs, due to the need for rescue at that time, and the injured person has no family members on the side, the other party has the responsibility and obligation to pay the relevant expenses in advance. After paying the fee, you will need to obtain a payment receipt. Thereafter, the other party has no responsibility or obligation to pay any expenses in advance.
If it is really necessary, you can report to the other party's insurance company to pay in advance within the 10,000 yuan diagnosis and treatment fee of the compulsory traffic insurance. If the situation is more special, the injured person can sue the other party with the traffic police accident liability certificate and relevant medical expense certificates, and ask the court to rule that the other party should pay a certain amount of expenses in advance. However, in principle, it is up to the injured party to settle the debt, even if it is a debt, when the injured person recovers, he can get a one-time repayment in accordance with laws and regulations in the aftermath, and then pay off the debt.
Note here that it is not justified by injury. In the final aftermath, the injured party still has to bear the expenses corresponding to its own responsibility according to the proportion of accident responsibility.
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Disbursements are not required by law.
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