Does the non responsible party need to pay compensation in a traffic accident?

According to Article 76 of China's Road Traffic Safety Law, if a motor vehicle is involved in a traffic accident and causes damage, the insurance company shall compensate within the scope of the liability limit of the compulsory third-party liability insurance of the motor vehicle, and the insufficient part shall be borne according to the liability of the parties. Article 21 of China's "Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability" also stipulates that if a road traffic accident occurs in an 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 limit of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law; For the shortfall after the insurance company compensates within the limit of the compulsory third-party liability insurance liability of the motor vehicle, the liability shall be apportioned according to the fault between the motor vehicles. In the event of a traffic accident, the liability of the insurance company within the limits of the compulsory third-party liability insurance for motor vehicles is not premised on the fault or liability of the insured vehicle.

Even if the insured is not at fault and is determined to be not liable, if there is no statutory exemption (such as intentionally causing an accident), he or she should still bear the liability for non-liability compensation within the scope of the liability limit of the compulsory third-party liability insurance of motor vehicles.

If you have purchased compulsory third-party liability insurance for motor vehicles, and you do not bear the responsibility for the accident, then if the other party dies or is disabled, the insurance company can compensate the other party up to 11,000 yuan, and if only hospitalization** is not rated as a disability level, then the insurance company can compensate the other party up to 1,000 yuan.

Legally, you don't have to pay this money, but in reality, the insurance company will require you to pay it yourself before you make a claim.

So you can do it yourself.

Whether you lose money or not has nothing to do with whether you can get the car quickly.

Of course, if you take the initiative to lose money privately, you will definitely get the car faster.

Let me tell you this.

China's traffic police department and China's national situation is roughly like this: If a large car and a small car collide with a two-wheeled motorcycle, if there are no injuries to the vehicle, a part of the payment must be paid in advance for medical treatment or other expenses. When the time comes, it will be settled in it at one time, and if it is implemented according to the new traffic law, you can refuse to pay, and you can appeal to the police who handled the case at that time, and it all depends on the individual, after all, it seems that there is no legislation in the constitution for the matter of paying money first.

Compensation is required, but it is the insurance company that pays.

The limit of the insurance company in the case of no liability within the scope of compulsory liability insurance is: Among them, the medical expenses are 2,000, the disability is 1w, and the property is 100

Why should the non-responsible party be compensated in a traffic accident?

Need. If a motor vehicle is involved in a traffic accident and causes damage, the insurance company shall compensate within the limits of the liability limit of the compulsory third-party liability insurance of the motor vehicle, and the insufficient part shall be borne according to the liability of the parties. Article 21 of China's "Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability" also stipulates that if a road traffic accident occurs in an 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 limits of the compulsory insurance liability for motor vehicle traffic accident liability in accordance with the law; For the shortfall after the insurance company compensates within the limit of the compulsory third-party liability insurance liability of the motor vehicle, the liability shall be apportioned according to the fault between the motor vehicles.

1. The proportion of traffic accident compensation distribution is as follows:

1. If you are fully responsible, you shall bear 100% of the loss;

2. If the main responsibility is transferred, 70% and 90% of the loss shall be borne;

3. If you are equally responsible, you shall bear 50% of the loss;

4. If the person bears secondary liability, 10% and 30% of the losses shall be borne by more than 3 parties to the accident, and the above principle of apporbrancy shall be determined.

2. Calculation method of compensation for traffic accidents:

1. The formula for calculating medical expenses compensation: the amount of medical expenses compensation is not in the bureau = diagnosis and treatment expenses + medical expenses + hospitalization expenses + other medical expenses;

2. The calculation formula for the compensation of the hospital meal subsidy: the amount of the hospital meal subsidy compensation = 30 yuan for the number of days of hospitalization.

3. The formula for calculating the compensation for nutrition expenses: the amount of compensation for nutrition expenses = determined according to the disability situation with reference to the opinions of medical institutions, etc.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.