Who pays for the medical expenses in the early stage of the accident injury

You can pay in advance by yourself, or you can pay in advance by the party responsible for the accident, and the compulsory traffic insurance can be advanced with 10,000 yuan. China's current law does not clearly stipulate that the perpetrator must pay the medical expenses in advance, which is only a moral responsibility, not a legal obligation.

Useful to remember.

It is possible to negotiate, but if the negotiation fails, the injured party will pay the medical expenses on its own, because there is no law that the motor vehicle party must pay the medical expenses in advance.

According to Article 75 of the Road Traffic Safety Law of the People's Republic of China, 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 limit of liability.

That is to say, 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 ** advance part of the road traffic accident social assistance ** management agency has the right to recover from the person responsible for the traffic accident.

Determination of Liability:

There are two types of procedures for determining liability for traffic accidents, the summary procedure and the ordinary procedure.

1. If it is a summary procedure, then the responsibility for the traffic accident is generally issued on the spot or within 10 working days.

2. If it is an ordinary procedure, it is necessary to do a series of inspections and tests, such as blood tests, vehicle speed tests, etc., and make the final division of accident responsibility within 3 days after the last test report comes out.

Therefore, the time required is generally relatively long, and on the legal basis: Article 93 of the Regulations for the Implementation of the Road Safety Law of the People's Republic of China, the traffic management department of the public security organ shall make a traffic accident identification certificate within 10 days from the date of the investigation of the scene of the traffic accident after the inspection and inspection of the scene.

Where it is necessary to conduct an inspection or appraisal, a traffic accident determination shall be made within 5 days of the date on which the results of the inspection or appraisal are determined.

Article 39 of the provisions on traffic accident handling procedures of the public security organs shall appoint or entrust professional and technical personnel and qualified appraisal institutions to conduct inspection and appraisal within five days from the date of investigation of the scene. Inspections and appraisals shall be completed within 20 days; If it is necessary to extend, it may be extended for 10 days with the approval of the traffic management department of the public security organ of the city divided into districts. If the inspection and appraisal cycle exceeds the time limit, it shall be reported to the provincial people's public security organ traffic management department for approval.

Legal analysis: The medical expenses for injuries caused by traffic accidents should be paid by the perpetrator, and can be coordinated by the accident acceptance department, but in order to avoid delays in diagnosis and treatment, they can also pay in advance, and solve the problem of compensation through litigation after the end of the accident. In the event of a traffic accident, the amount of compensation for the victim's medical expenses shall be determined by the tortfeasor in accordance with the proportion of the liability of both parties.

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 limit of liability. If the rescue expenses exceed the liability limit, and the person who has not participated in the compulsory third-party liability insurance of the liquid posture dispersed motor vehicle or escaped 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.

The perpetrator shall bear the corresponding civil compensation.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a victim suffers personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, shall be compensated by the compensation obligor. Where 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 ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary reinstatement expenses, nursing expenses, and follow-up expenses actually incurred as a result of 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 expenses incurred by the victim's relatives in handling funeral matters, such as transportation expenses, accommodation expenses, and loss of work.

Millions of car purchase subsidies.

Legal analysis: The perpetrator shall bear the corresponding civil compensation.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where the victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. Where the victim is disabled as a result of injury, the person obligated to compensate for the necessary expenses incurred by the victim due to the increase in his or her living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive devices, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of 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, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

The perpetrator shall bear the corresponding civil compensation. Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Where the victim is disabled due to injury, the person obligated to compensate for the necessary expenses incurred by the victim for increasing his or her living needs and the loss of income due to the loss of ability to work, including disability compensation, disability assistive devices, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the loss of 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.

The perpetrator shall bear the corresponding civil compensation. Legal basis: Article 17 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 Article 17 The compensation obligor shall compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and nutrition expenses.

Where the victim is disabled as a result of injury, the person obligated to compensate for the necessary expenses incurred due to the increase in living needs, as well as the loss of income due to the loss of the ability to work, including disability compensation, disability assistive devices, and living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of 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.

Legal Analysis:

The perpetrator shall bear the corresponding civil compensation.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases》 Article 17: Where a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income 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 due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as 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.

The medical expenses in the later stage of the treatment of personal injury traffic accidents shall be paid by the insurance company or the responsible entity of the traffic accident. The injured person pays in advance and pays the compensation according to the law after recovery; The car party and the injured person negotiate the advance payment, which will be calculated in detail when the claim is settled later.

1. Does the other party escape from the traffic accident and the insurance company settles the claim?

In a traffic accident, the other party escapes and the insurance company will pay the claim. If the motor vehicle participates in the compulsory insurance, the insurer shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle, if the motor vehicle does not participate in the compulsory traffic insurance or the amount of compensation payable by the insurance association has reached the upper limit, in case of emergency, if you need to rescue, funeral expenses, etc., you can be paid in advance by the road traffic accident social assistance**, and you can recover from the person responsible for the accident after the advance.

2. Who pays first when hospitalized in a car accident?

Hospitalization in a car accident is generally paid for in advance by the responsible party, the injured person, or the insurance company. First of all, the medical institution should rescue first, and then the insurance company will pay within the limit of the compulsory traffic insurance, or you can negotiate to pay in advance by the other party, of course, you can also pay in advance, and finally claim compensation with the hospital invoice, if the other party advances, you can deduct it from the compensation in the future, and if you don't have it, you can also apply for assistance**. The law stipulates that medical institutions must first carry out rescue, and shall not refuse corresponding treatment and hospitalization for other reasons.

3. I am fully responsible for the traffic accident, and who will pay for the repair fee.

After the traffic accident occurs, you need to look at the face to determine the responsibility, and if you are fully responsible, then you need to bear all the liability for the loss of the other party's vehicle.

If your vehicle is insured by third party liability insurance, then your liability will be borne by the insurance company, and you can refuse to pay any expenses and let the other party pay for it themselves. Or after you pay the expenses in advance, you can directly find the insurance company you have insured and negotiated a claim.

Article 31 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability stipulates that the insurance company may compensate the insured for the insurance money, or directly compensate the victim for the insurance money.