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If a road traffic accident occurs in the insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the liability limit of the compulsory insurance for motor vehicle traffic accident liability in accordance with the law.
Compulsory liability insurance for motor vehicle traffic accidents 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.
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Legal analysis: The insurance company shall compensate within the liability limit for the personal and property losses of the victims other than the vehicle personnel and the insured caused by a road traffic accident of the insured motor vehicle. Compulsory traffic accident liability insurance implements a uniform liability limit throughout the country.
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 responsible in road traffic accidents.
Legal basis: "Regulations of the People's Republic of China on Compulsory Insurance of Motor Vehicle Traffic Accident Liability" Article 3 The compulsory insurance of motor vehicle traffic accident liability in these Regulations refers to the compulsory liability insurance that the insurance company compensates within the liability limit for the personal and property losses of the victims other than the vehicle personnel and the insured caused by the accident of the insured motor vehicle in the event of a road repentance and lack of oak road traffic accident.
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1) If the insured is injured by his own vehicle under the car, the compulsory traffic insurance shall compensate Note: The so-called "insured" in the compulsory traffic insurance is a concept that needs to be specified and can only be determined when a traffic accident occurs. Therefore, when the legal driver allowed by the policyholder drives a motor vehicle and causes damage to the policyholder who is not a person on the vehicle, the insured is the legal driver permitted by the policyholder and not the policyholder, and the policyholder is in the position of a third party like everyone else at this time, and the compulsory traffic insurance should be compensated.
Where the insured suffers damage by driving a motor vehicle with the permission of the insured, and the parties request that the insurance company that underwrites the compulsory traffic insurance compensate within the limit of liability, the people's court shall support it, unless the insured is a person in the vehicle. ”
2) If the person in the car is hit by the car and is injured when he gets out of the car, the compulsory traffic insurance shall compensate. Note: To determine whether the person injured by the traffic accident of the insured vehicle belongs to a third party or a person on the vehicle, it must be based on whether the person is on the insured vehicle at a specific time at the time of the traffic accident.
1. Auto mortgage loans.
A car mortgage loan is a loan obtained from a financial institution or an auto consumer loan company by a borrower or a third party's car or self-purchased car as collateral. At present, the purpose of loans with cars as collateral is mainly for automobile consumption. (Of course, the rapid depreciation of automobiles and the high probability of traffic accidents affecting the value of vehicles are relatively rare, and there are relatively few ways for financial institutions to issue loans with cars as a single mortgage.)
Most car mortgages are implemented as a mortgage without a car, which means that as long as you mortgage the relevant documents of your car to the lending institution, you can get a loan, and the car will be used as usual after installing GPS. Therefore, before applying for a mortgage, you should first understand whether the car mortgage is a mortgage, and you can try to avoid the institution that wants to charge the car.
2. Does the damage to the car fall within the scope of compulsory traffic insurance?
The full name of compulsory traffic insurance is compulsory liability insurance for motor vehicle traffic accidents, which is a compulsory liability insurance for the personal and property losses of the victims (excluding the vehicle personnel and the insured) caused by road traffic accidents caused by the insured motor vehicle within the liability limit.
If it is not the case of refusal of compulsory liability insurance, the compulsory liability insurance will pay within the liability limit.
Article 3 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accident Liability stipulates that the term "compulsory insurance for motor vehicle traffic accident liability" in these Regulations; It refers to the compulsory liability insurance that the insurance company compensates within the liability limit for the personal and property losses of the victims other than the vehicle personnel and the insured caused by the road traffic accident of the insured motor vehicle.
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The scope of compensation for compulsory automobile insurance is as follows:
1. Compensation scope of medical expenses of compulsory traffic insurance, medical expenses, diagnosis and treatment expenses, hospitalization expenses, hospitalization meal subsidies, necessary and reasonable follow-up expenses, cosmetic surgery expenses, and nutrition expenses;
2. The scope of compensation for death and disability expenses of compulsory traffic insurance, funeral expenses, death compensation, transportation expenses for funeral matters, disability compensation, disability assistive device expenses, nursing expenses, ** expenses, transportation expenses, living expenses for dependents, accommodation expenses, lost work expenses, and solatium for mental damage caused by judgment or mediation.
The compensation process of compulsory automobile insurance is as follows:
1. Report the case in a timely manner, and immediately call 122 to report to the police ** after the occurrence of an insurance accident, and report to the insurance company within 24 hours;
2. Assist in the investigation and assessment of damages, after the insurance company receives the report of the demolition of Qiyin, it will quickly send someone to conduct an on-site investigation, determine the size of the loss, and issue an investigation report;
3. Submit claim documents;
4. Compensation review, the insurance company will make a conclusion on whether to compensate and how much to compensate according to the terms of the auto insurance contract, the claim documents submitted by the customer, the survey report provided by the surveyor and the company's relevant claim settlement regulations; Brigade.
5. To receive compensation, the insurance company shall notify the insured to go through the payment procedures according to the conclusion of the claim for the accident that belongs to the insurance liability.
Legal basisArticle 1213 of the Civil Code of the People's Republic of China.
If the damage caused by a traffic accident of a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
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The scope of compensation of compulsory automobile insurance is the liability in addition to the "scope of exemption and exclusion", and the scope of exemption and exclusion is as follows:
1. Personal injury and property loss caused by the victim's intentional behavior, such as suicide, self-harm, porcelain bumping, etc.
2. The insured vehicle and the insured as specified in paragraph 3 of the Regulations on Compulsory Insurance of Traffic Accident Liability.
3. Arbitration or litigation fees and other related expenses caused by traffic accidents.
4. Indirect losses, such as the impairment of the value of the vehicle due to a collision.
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The scope of compensation for compulsory vehicle traffic insurance includes the personal and property losses of the insured vehicle and the victim other than the insured due to the number of road traffic accidents caused by the insured motor vehicle. Within this scope, compensation is made within the limit of liability, which is divided into death and disability compensation limit, medical expense compensation limit, property damage compensation limit, and compensation limit for the insured who is not liable in a road traffic accident.
What are the claims of compulsory traffic insurance?
1. Compensation for death and disability, if the motor vehicle is responsible for a road traffic accident, the liability limit for death and disability compensation is 110,000 yuan; Grip the bridge.
2. Compensation for medical expenses, if the motor vehicle is responsible for a road traffic accident, the limit of liability for the first compensation of medical expenses is 10,000 yuan;
3. Compensation for property damage, if the motor vehicle is responsible for a road traffic accident, the liability limit for property damage is 2,000 yuan.
Legal basisArticle 5 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability.
Insurance companies are approved by the insurance regulatory authority to engage in compulsory insurance business for motor vehicle traffic accident liability.
In order to ensure the implementation of the compulsory insurance system for motor vehicle traffic accident liability, the insurance regulatory authority has the right to require insurance companies to engage in compulsory insurance business for motor vehicle traffic accident liability.
Without the approval of the insurance regulatory authority, no unit or individual shall engage in compulsory insurance business for motor vehicle traffic accident liability.
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