Compensation for insured accidents caused by third parties

1. If the vehicle involved in the accident has purchased insurance, the owner and driver of the vehicle involved in the accident can be sued together with the insurance company that purchased the insurance;

2. The underwriting insurance company shall first compensate within the limit of liability, and the insufficient part shall be borne by the perpetrator.

3. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment, and the income reduced due to lost 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 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 the ability to work, including disability compensation, disability assistive device expenses, 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.

4. Legal basis: Interpretation 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 Article 16 Where a motor vehicle insured with compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") at the same time causes damage caused by a traffic accident, and the parties sue the infringer 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.

5. The specific compensation items and calculation standards are described in detail in the provisions 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, and it is recommended to refer to them.

Hello! The scope of subrogation is limited to the amount of compensation. Since the acquisition of the right of recovery is conditional on the payment of compensation, the scope of recovery must be limited to the amount of compensation paid.

Let's take the simplest example: you have a car of 100,000 yuan, but you only buy 60,000 yuan of car damage.

If the car is lost, the insurance company will pay you 60,000 yuan first, and then subrogate you, but I remember that the insurance company can only subrogate your 60,000 yuan.

This is because the insurer shall exercise the right to claim compensation from a third party within the scope of the insurance compensation amount.

So I personally feel that the question is wrong.

It's better to report the case first.

What do you ask?

It belongs to an insurance company.

Zongheng Legal Network-Shanghai Kaiman Law Firm-Zhou Xuefeng lawyer.

Legal analysis: Yes, the law stipulates that life insurance can be re-insured, and the right holder is also allowed to obtain multiple insurance benefits, and if the insured suffers losses due to the fault of others, after obtaining compensation from the insurance company, it does not affect its right to claim compensation from a third party.

Legal Basis for Guessing Promotion: Article 46 of the Insurance Law of the People's Republic of China In the event of death, disability or illness of the insured due to the act of a third party, the insurer shall not have the right to recover from the third party after paying the insurance money to the insured or beneficiary, but the insured or beneficiary still has the right to claim compensation from the third party.

Insurance companies should generally apply the new standards of third-party liability insurance to compensate. According to the relevant laws and regulations, if the insured or the permitted driver has an accident during the use of the insured vehicle, resulting in direct damage to the person or property of a third party, the insured shall be liable for compensation, and the insurance company shall compensate.

1. Can I apply for insurance if the car is smashed?

If it is a traffic accident of a man-made nature, it does not belong to the insurance liability, and the insurance company pays the claim. Classification of vehicle insurance: 1. Vehicle loss insurance:

Vehicle damage insurance refers to the insured vehicle suffering from natural disasters (excluding **) or accidents within the scope of insurance liability, resulting in the loss of the insured vehicle itself, and the insurer will compensate according to the provisions of the insurance contract. 2. Third party liability insurance: responsible for the compensation liability for direct damage to the personal or property of others (i.e., the third party) caused by an accident in the use of the insured vehicle.

Because the compensation for the medical expenses and property losses of the third party is relatively low, the purchase of the third party liability insurance can still be considered as a supplement after purchasing the compulsory traffic insurance.

2. What is the specific third-party liability insurance?

Motor vehicle third-party liability insurance is referred to as third-party liability insurance, which refers to the economic responsibility of the insured or its permitted driver in the process of using the insured vehicle in the event of an accident, resulting in direct damage to the third party's personal or property, and the insurance company is responsible for compensation.

At the same time, if the insured incurs arbitration or litigation costs with the written consent of the insurance company, the insurance company shall compensate the insured beyond the liability limit, but the maximum shall not exceed 30% of the liability limit.

Sanhu serves the gods, and the insurance company should pay for the traffic accident in which the death occurs.

Whether the insurance company pays for the fatality accident should be analyzed on a case-by-case basis. Compulsory traffic insurance covers personal and property losses caused by an accident in the insured vehicle, but does not protect the insured. However, if the car owner has purchased the on-board personnel liability insurance, he can get a claim.

The on-board personnel liability insurance, that is, the seat insurance on the car, is the passenger part of the on-board personnel liability insurance, which refers to the insured allowed by the qualified driver to have an insured accident in the process of using the insured vehicle, resulting in the personal life of the passengers in the car, and the insurance company will compensate in accordance with the insurance contract.

Article 65 of the Insurance Law.

The insurer may, in accordance with the provisions of the law or the contract, directly compensate the third party for the damage caused to a third party by the insured of the liability insurance.

If the insured of the liability insurance causes damage to a third party, and the insured's liability for compensation to the third party is determined, the insurer shall, at the request of the insured, directly compensate the third party for the insurance money. If the insured fails to make a request, the third party has the right to directly claim compensation from the insurer for the part of the compensation to be paid.

If the insured of the liability insurance causes damage to a third party, and the insured fails to compensate the third party, the insurer shall not compensate the insured for the insurance money.

Liability insurance refers to insurance that takes the insured's liability for compensation to a third party as the subject matter of insurance.

After the occurrence of the insured accident, in addition to reporting to the public security traffic police department, it should also be reported to the insurance company within 48 hours in accordance with the provisions of the "Motor Vehicle Insurance Terms". If it is too late to send someone to report the incident, you can report the case first, and then report the incident to the insurance company after the accident is handled, and fill in the notice of insurance. According to the provisions of the insurance policy, when the insured vehicle is damaged due to an accident within the scope of insurance liability, or causes damage to the property of a third party, the principle of "repair first" shall be adhered to, but before repair, it shall be inspected by the high-risk company of the Baoheng section to determine the repair items, methods and costs. After sending it to the repair shop for repair, keep the repair receipt.

Provide the necessary documents to make a claim to the insurance company. After the third party liability accident is compensated, the insurance company will not be liable for any additional compensation costs to the injured third party. The residual part of the insured vehicle or the property of the third party after suffering damage shall be agreed upon by the insurer and the insured, and shall be returned to the insured at a price, and at the same time deducted from the compensation.

When the insured vehicle is compensated for all losses or part of the loss at one time, the liability of the vehicle loss insurance shall be terminated. However, during the insurance period, regardless of the occurrence of one or more losses or expenses within the scope of insurance liability, as long as each compensation does not reach the insured amount, the insurance liability is still valid. If the insured does not file a claim application with the insurance company within 3 months from the date of completion of the insured vehicle repair or accident handling, or does not receive the compensation due within 1 year from the date when the insurance company notifies the insured to receive the insurance compensation, it will be deemed to have automatically waived its rights and interests.

After the accident, remember to report the accident in time, and you can't settle it privately, otherwise the insurance company will not admit this kind of private settlement. The insurance vehicle that caused the traffic accident is absolutely deductible, that is, the insured himself is also liable, which is to enhance the sense of responsibility of the insured and the driver for traffic safety. China's traffic management department determines the liability of both parties to the traffic accident according to full responsibility, primary responsibility, half responsibility, secondary responsibility, and no responsibility, and the insurance company also gives different deductible ratios.

According to the liability of the driver of the insured vehicle in the accident, the vehicle damage insurance and the third party liability insurance are subject to an absolute deductible within the amount that meets the compensation regulations: 20% for the fully liable, 15% for the primarily liable, 10% for the equally liable, and 5% for the secondarily liable. The absolute deductible for unilateral accidents is 20%.

The deductible odds set out the percentage of deductions for the compensation received by drivers with different responsibilities. In the provisions, the so-called unilateral accident refers to an accident that does not involve third-party damages, but does not include an accident caused by a natural disaster. Accidents caused by mechanical breakdown of the insured vehicle.

Legal analysis: third-party liability insurance (referred to as three-stool liability insurance) refers to the economic responsibility that the insured or its permitted driver shall bear in accordance with the law if an accident occurs during the use of the insured vehicle, resulting in direct damage to the person or property of the third party, and the insurance company is responsible for compensation. At the same time, if the insured incurs arbitration or litigation costs with the written consent of the insurance company, the insurance company shall compensate the insured beyond the liability limit, but the maximum shall not exceed 30% of the liability limit.

In the past, the vast majority of places listed third-party liability insurance as compulsory insurance, and if you don't buy this insurance, the motor vehicle will not be licensed and cannot be inspected annually. After the introduction of compulsory motor vehicle traffic insurance (hereinafter referred to as compulsory traffic insurance), third-party liability insurance has become a non-compulsory insurance. Because the compulsory liability insurance is relatively low in terms of compensation for the property damage and medical expenses of the third party, the purchase of third-party liability insurance can be considered as a supplement to the compulsory liability insurance.

Accident Liability LimitThe maximum compensation limit for each accident of the third-party liability insurance is the basis for the insurer to calculate the insurance premium, and it is also the maximum limit for the insurer to bear the compensation amount for each accident of the third-party liability insurance.

Legal basis: Insurance Law of the People's Republic of China

Article 2 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 to compensate for the property losses caused by the occurrence of an accident that may occur as agreed in the contract, or bears the responsibility to pay the insurance money when the insured dies, is disabled, is sick, or reaches the age and time limit agreed in the contract.

Article 3 This Law shall apply to insurance activities within the territory of the People's Republic of China.

Article 4 Insurance activities must comply with laws and administrative regulations, respect social morality, and must not harm the public interest.