Is the party responsible for the accident obligated to pay for the medical expenses of the injured p

Article 75 of the Road Traffic Safety Law of the People's Republic of China 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 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.

According to the provisions of this article, the party responsible is not legally obliged to pay the medical expenses of the injured person, but it is not improper for you to pay the medical expenses of the injured person in advance from a moral point of view or from the final result of the handling of the accident. At present, if you have participated in the compulsory third-party liability insurance of motor vehicles, you can ask the insurance company to pay in advance within the limit of 10,000 yuan, which has ensured the normality of the injured person and solved the difficulty of paying this expense in full.

The law does not stipulate that the perpetrator has the obligation to pay in advance, so the perpetrator can not pay in advance, but the insurance company has the responsibility to advance. The insurance company can compensate the insured person for the insurance money, or it can compensate the insurance money directly to the victim.

You can pay in advance, or you can not pay in advance, there is no compulsion at present, you can ** after the end, through the traffic team mediation or court judgment, a one-time settlement.

You are responsible, of course, obliged. But it can be negotiated for a lump sum compensation.

It is true that there is no clear legal provision in the law as to whether the fully responsible party must pay the medical expenses in advance, and similarly, as the victim's side, the law does not clearly stipulate that the victim must pay the medical expenses in advance. Since neither party has a legal basis to pay medical expenses in advance, then the law can be invokedArticle 15 of the Tort Liability Law of the People's Republic of China The main ways to bear tort liability are: (1) stopping the infringement; (2) Removing obstructions; (3) eliminate the danger; (4) Return of property; (5) restitution to the original state; (6) compensate for losses; (7) Apologize; (8) Eliminate the impact and restore reputation.

The above methods of bearing tort liability may be applied separately or in combination.

As the party fully responsible for the infringement of the right to health of others in a traffic accident, according to Article 15 of the Tort Liability Law of the People's Republic of China, you have the responsibility to take actions such as stopping the infringement, removing obstacles, eliminating dangers, returning property, and compensating for losses! If you cause bodily injury in an accident for which you are fully responsible, it is the beginning of the tortious act, and your act of taking active medical treatment obligations and paying medical expenses in advance is the act of stopping the infringement! If you do not actively take action to stop the infringement, resulting in more serious consequences caused by the infringed party due to lack of money, the infringer will bear it together, and it is possible that your infringement does not constitute a criminal crime, but in terms of civil compensation, it will only be more and not less.

Taking a step back, if you fail to stop the infringement and cause serious injury or death to the infringed person, please see the Criminal Law "Negligence Causing Serious Injury" and "Negligence Causing Death".

Finally, I would like to add that if you are a victim and suffer a traffic accident, under the premise that the responsibility of the accident certificate issued by the traffic police is clear, and the perpetrator is not responsible, you can quickly apply to the court for "pre-litigation property preservation", freeze the perpetrator's property and bank deposits, as well as Alipay and WeChat property to protect your legitimate rights and interests, and apply for "pre-litigation property preservation" due to traffic accidents does not require a deposit.

Legal analysis: There is no legal provision that the responsible party must pay medical expenses in advance. Therefore, the injured party, when the party responsible for the accident does not pay the medical expenses in advance, should also be timely, so as not to delay the best time.

Legal basis: Road Traffic Safety Law of the People's Republic of China Article 75 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, and if the rescue expenses exceed the liability limit, and the compulsory third-party liability insurance of the motor vehicle is not participated in or the 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.

If there is a car accident, the other party is fully responsible, and if the situation is urgent, you can pay the medical expenses in advance. After a traffic accident occurs, it is necessary to call the police first, and the public security traffic police department shall determine the responsibility for the accident and issue a certificate of responsibility for the accident. According to the accident liability determination, the party responsible shall compensate the other party for the loss.

If the injured party refuses to pay compensation, the injured party can sue in court to demand payment. If the court still does not pay after the judgment, it may apply to the court for compulsory enforcement. According to Article 22 of China's "Mandatory Regulations on Motor Vehicle Traffic Accident Liability":

In any of the following circumstances, the insurance company shall pay the rescue expenses within the scope of the compulsory insurance liability limit for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim: (1) driving without obtaining driving qualifications or being drunk; (2) The accident is caused during the theft of the insured motor vehicle; (3) The insured deliberately causes traffic accidents. Therefore, the family of the injured person must ask the traffic accident handling department whether the victim has committed the above acts, and if one of the above acts is committed, they can ask the accident handling department to notify the insurance company to make an advance.

Legal basis. Article 22 of the Mandatory Regulations on Liability for Motor Vehicle Traffic Accidents In any of the following circumstances, the insurance company shall pay the rescue expenses within the scope of the compulsory insurance liability limit for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim: (1) driving without obtaining driving qualifications or being drunk; (2) The accident is caused during the theft of the insured motor vehicle; (3) The insured deliberately causes traffic accidents. Therefore, the family of the injured person must ask the traffic accident handling department whether the victim has committed the above acts, and if one of the above acts is committed, they can ask the accident handling department to notify the insurance company to make an advance.

1. On the issue of advance payment or payment of medical expenses, it is recommended that you negotiate amicably with the driver who caused the accident, if the negotiation fails, you can report the situation to the traffic police department, ask the traffic police department to coordinate and solve the problem, you can also ask the traffic police department to issue an accident responsibility determination as soon as possible, according to the accident issued by the traffic police department to determine the responsibility of you and the other party in the accident. If the other party should bear the corresponding responsibility in this accident, you can apply to the people's court for advance enforcement of medical expenses in accordance with the law with the accident liability determination. 2. For the personal injury suffered by you in the accident, the scope of compensation includes:

Medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, etc. You may file a lawsuit with the people's court in accordance with the law according to the accident liability determination, and request that the other party bear the corresponding personal injury compensation liability to you in accordance with the law.