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In the traffic accident claim, the car owner has purchased all insurance, and after the insurance company compensates for the deficiency, the responsible person or the car owner still needs to compensate according to the corresponding liability ratio.
Legal basis] Article 16 of the Interpretation III of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents stipulates that if a motor vehicle insured with both compulsory third-party liability insurance and commercial third-party liability insurance for motor vehicles causes damage caused by a traffic accident, and the parties sue the tortfeasor and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:
1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability;
2) The shortfall shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;
Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.
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First of all, the insurance company will not make a claim for drunk driving, driving without a license, driving license and driver's license out of inspection, etc. In addition, in addition to the driver's own reasons, if the vehicle is not inspected on time or does not have a driving license or license plate issued by the traffic management department, the insurance company can refuse to pay for the accident.
Of course, in addition to factors such as the vehicle and driver, there is also a situation that the insurance company will not pay. We all know that there is third-party liability insurance in vehicle insurance, but in the event of an accident, there are four types of people who are not entitled to third-party liability insurance, namely the insurer, the insured, the driver and his family members at the time of the accident, and the family members of the insured. If you have an accident while towing or being towed, the insurance company will definitely not pay you in this case.
Finally, I would like to tell you that after an accident, you must report the accident within 48 hours, otherwise you will be directly denied compensation by the insurance company.
In general, in addition to the above factors and other factors, there are many factors that insurance companies do not claim, and it is recommended that you should read the precautions when buying insurance.
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If in a traffic accident, the owner is fully responsible for the accident, and then the vehicle has purchased compulsory traffic insurance and commercial insurance, and the losses of the other party are within the insurance compensation limit, then the insurance company can pay compensation, and the car owner does not need to pay separately.
Because, according to Article 1213 of the Civil Code, if the damage caused by a traffic accident of a motor vehicle is the responsibility of one party 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.
It can be seen from this that after a traffic accident, for the liability of the motor vehicle, the insurance company shall first compensate within the liability limit of the compulsory traffic insurance, and if the compulsory traffic insurance is not enough to compensate, the insurance company shall compensate within the insurance limit of the commercial insurance, and if the compensation of the compulsory traffic insurance and commercial insurance is still not enough to compensate the loss of the other party, the car owner will compensate.
The implication is that if compulsory traffic insurance and commercial insurance are enough to pay, then it is not the turn of the car owner to use his own property to pay.
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The owner of the traffic accident is fully responsible, the car has insurance, the owner does not need to be accompanied, the insurance company must accompany all the economic losses, and the economic losses paid are determined according to the losses caused by the traffic accident.
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The owner of the car is fully responsible for the accident, the car is insured, and most of the costs are borne by the insurance company, but the car owner may bear some of the expenses that the small insurance company cannot pay.
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Under normal circumstances, the owner does not have to pay compensation, and if the other party is a commercial vehicle, the owner may have to compensate the other party for the loss of operation.
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In this case, as long as you find the insurance company to make a claim, the car owner is under normal circumstances and does not need to pay additional compensation.
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The owner of the traffic accident vehicle bears all the responsibility for the accident, and the vehicle is insured, and if there is no deductible, the owner does not need to pay compensation.
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The owner of the car in the traffic accident is fully liable for the insurance claim, and if it is not enough, the car owner needs to bear joint and several liability.
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In a traffic accident, if the owner of the car is responsible for all insurance, if the insurance is not enough to compensate, compensation may be used. Even if there is full insurance, when the amount of compensation from the insurance company is not enough to compensate the victim's losses, the remaining part still needs to be borne by the car owner, so it still depends on the actual situation.
What is the standard of compensation for full liability for traffic accidents?
1. Compensate the victim for medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, hospital meal subsidies and other lead pickpockets within the compensation limit of compulsory traffic insurance;
2. If the disability is constituted, the corresponding disability compensation, mental solace, and disability assistive device expenses shall also be compensated according to the level of disability;
3. If there is still a deficiency after the compensation by the compulsory traffic insurance, the insurance company that underwrites the third-party liability insurance of the vehicle that caused the accident can compensate within the compensation limit, and if there is still a shortage, the party responsible for the accident shall compensate.
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 who underwrites the compulsory blind 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. Huai Chang.
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