I don t understand that the compulsory liability insurance must be paid without liability

First, the issue of medical expenses.

Under the new traffic law, as long as you can't prove that the pedestrian came to hit you intentionally, the motor vehicle is responsible. Depending on the actual situation, such as whether there is speeding, whether the motor vehicle has taken appropriate avoidance measures, whether the pedestrian is on the sidewalk, and the responsibility of the motor vehicle varies from 100% to 10%.

At intersections where there are pedestrian crossings, or where there are no signs, the driver has the obligation to avoid pedestrians. As long as it is in these places, even if it is caused by a pedestrian suddenly rushing out under normal driving conditions, you are responsible. The extent of your responsibility depends on the circumstances, but if you can prove that the pedestrian is primarily responsible (e.g. a pedestrian running a red light), you are secondarily liable.

If you can't prove it, you're solely responsible.

In the case of closed roads or roads without intersections (not mixed traffic), pedestrians are primarily responsible for their actions, but as a driver, they are still subject to incidental liability. If you have an accident like this, you will be primarily responsible for dealing with crossings and intersections with your peers.

Whether the traffic police are responsible for the accident is determined by the traffic police according to the specific circumstances of the accident scene, even if the motor vehicle party is not responsible, according to the provisions of Article 76 of the Road Traffic Safety Law, the motor vehicle party must compensate the pedestrian for 10% of the loss.

Humanitarian access should compensate the victim for part of the costs.

Second, the issue of car repair fees.

The cost of repairing the car is to find the insurance company you have insured, how much is the specific cost of repairing the car, and whether it is worth reporting remember to ask your car insurance person first.

If there is no responsibility, then the third party should be fully responsible.

The other party is a moped!

Medical expenses to the insurance company, according to the scope of liability of the stronger insurance, more than the stronger insurance according to the third party liability insurance you bought, beyond the insurance company's reimbursement scope of the two parties to negotiate.

The cost of repairing car damage, the third party is the moped, then it will be reimbursed according to the scope of liability of the commercial insurance you bought (such as car damage insurance, etc.).

Because the other party is a non-motor vehicle, there is basically no third party to buy car insurance, therefore, most of the cost is reimbursed by the insurance company you buy insurance, and the excess part, because the other party is the main responsibility, then you can negotiate with the third party to share the cost, or the other party pays for all.

There are two types of liability division of compulsory liability insurance: liability compensation and non-liability compensation.

Among them, if you are responsible, the maximum compensation for death and disability is 110,000 yuan, the maximum compensation for medical expenses is 10,000 yuan, and the maximum compensation for property damage is 2,000 yuan.

If it is not responsible, it means that the maximum compensation for death and disability without liability is 11,000 yuan, the maximum compensation for medical expenses without liability is 1,000 yuan, and the maximum compensation for property damage is 100 yuan.

You should not go to the insurance company you are insured, you should go to a third party for compensation.

I am an insurance company staff to tell you the compensation standard, if you are not responsible, within 1000 yuan for personal injury, 100 yuan for the other party's car damage, if there is more than the medical expenses and the repair cost of your car, directly find the responsible party to be responsible.

Your No Liability Business Insurance does not cover your own car.

In order to solve the inconvenience caused by the non-liability compensation of compulsory traffic insurance for the property damage in the accident to the insured Lu people's claims, and effectively improve the quality of the compulsory traffic insurance claim service, the insurance industry has established the "Compulsory Traffic Insurance No Liability Compensation Settlement Platform". Using the settlement platform, the policyholder who bears full responsibility in the traffic accident can directly claim compensation from the insurance company, and the insurance company will pay the compensation within the amount of the compulsory traffic insurance without liability on behalf of the non-responsible party. Every month, insurance companies settle with each other under the organization of industry associations, so as to effectively simplify the claim settlement process and effectively improve the efficiency of claim settlement.

There is a mistake upstairs, the compensation limit of compulsory traffic insurance: 110,000 for disability; medical 10,000; Property 2 thousand. Total 10,000.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

Recently, the non-liability compensation clause in the compulsory insurance of motor vehicle traffic accident liability (hereinafter referred to as "compulsory traffic insurance Fengzhi") has attracted the attention of many people. "If someone hits me, I am not responsible, why should I pay him? "The unsatisfactory and incomprehensible no-liability payment in the compulsory liability insurance clause has made the topic of compulsory liability insurance as hot and hot as the weather in Beijing.

Questioning the representative of compulsory traffic insurance.

1. Beijing lawyer Liu Jiahui said a few days ago that out of humanitarian concern and the need to rescue the wounded as soon as possible, it is understandable to stipulate that "no liability compensation" should be made for the injured. But if there is only property damage, and the non-responsible party also has to compensate the other party, it is a bit unreasonable. Lao Zhang has encountered this kind of embarrassing thing recently.

Forced to give up the "no liability payment".

Lao Zhang's ** experience can be described as smooth sailing, but when it comes to driving, he is not so lucky. No, it has appeared twice in a row in less than two months.

Although more than a month has passed, Lao Zhang has not yet asked for his own insurance compensation.

It was more than a month ago one morning, Lao Zhang was going to the ** exchange near Anzhen Bridge in the North Third Ring Road to "work", the third ring road that was not smooth was surprisingly difficult to walk that day, a little distracted Lao Zhang touched the car in front of him. "Rear-ended! Lao Zhang clearly knew in his heart that the responsibility was his own.

Calling the police, dealing with accidents, and repairing cars, everything went very smoothly, but in the last link, Lao Zhang was stuck. According to the provisions of "no liability compensation" of compulsory traffic insurance, after a traffic accident, the non-responsible party will pay 400 yuan of vehicle property insurance to the other party. Coarse redundancy.

Lao Zhang hit the other party with **, and the other party became angry when he heard it: "You hit me and you want me to lose money, it's impossible." "Because the other party needs to provide a printed copy of the vehicle driving license, a printed copy of the ID card, and a printed copy of the compulsory traffic insurance, Lao Zhang can only continue to play, but the other party hung up the ** from Lao Zhang several times.

As a result, until today, Lao Zhang's 400 yuan "no liability compensation" that Lao Zhang should receive from a legal point of view has not yet been settled.

In desperation, Lao Zhang asked the traffic police who were dealing with the accident at that time, and the answer given by the traffic police made Lao Zhang even more helpless. The traffic police only said one sentence: go to the court to prosecute him.

During the interview, the reporter got an inaccurate news from the salesman of the resident insurance company of a large auto repair shop, and more and more car owners gave up the "no liability compensation" because the other party did not provide procedures.

Yang Guangyin, a lawyer at a well-known law firm, advises car owners to recover their rights and interests through legal channels.

If the other party does not cooperate and does not provide convenience, the best way is to go to the court to file a lawsuit. Lawyer Yang said.

The specific implementation of Lao Zhang is not so simple. First, there is not so much time to fight a "lawsuit", second, it is not worth a lawsuit just for 400 yuan, and third, what to do if you can't win the lawsuit. The embarrassment of no liability compensation for compulsory liability insurance @2019

Liability compensation is an act of special joint and several liability clauses formulated out of humanity and reflecting the "people-oriented", that is, the non-responsible party (the party is not responsible in the accident and does not need to bear any responsibility or liability) compulsorily bears insurance compensation from the non-liability compensation limit of the compulsory traffic insurance insured by itself without liability, that is: within the scope of compensation of the compulsory traffic insurance, as long as it is one of the parties to the accident, The insurance company where the non-liable party belongs must also bear a certain amount of liability for the property damage or personal injury according to the liability compensation limit, and transfer the risk to the insurance company, reflecting the superiority of compulsory compulsory insurance and realizing the insurance compensation for the victim.

The limit of non-liability compensation is: 100 yuan for physical damage, 1,000 yuan for medical treatment, and 10,000 yuan for death and disability.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

Legal analysis: The compensation of non-liability compulsory insurance is divided into the following two situations: 1

If the party is not responsible for the accident, the loss caused by the accident by the other party shall be liable for compensation within the limit of the non-liability compensation of the compulsory traffic insurance, and the party does not need to bear the liability for compensation. 2.If the party is liable for the accident, regardless of the size of the liability, the insurance company of the party must bear the liability within the compensation limit of the compulsory traffic insurance.

Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability

Article 21 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 law. If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.

Article 22 In any of the following circumstances, the insurance company shall pay the rescue expenses within the limits of the compulsory insurance liability for motor vehicle traffic accidents, and shall have the right to recover compensation from the victim: (1) the driver has not obtained driving qualifications or is intoxicated; (2) The accident is caused during the theft and robbery of the insured motor vehicle; (3) The insured intentionally causes a road traffic accident. In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.

Article 24 The State shall establish social assistance for road traffic accidents** (hereinafter referred to as assistance**). In any of the following circumstances, the funeral expenses and some or all of the rescue expenses of the victim in the road traffic accident shall be paid in advance by the rescue, and the rescue management agency shall have the right to recover from the person responsible for the road traffic accident: (1) The rescue expenses exceed the liability limit of the compulsory insurance of motor vehicle traffic accident liability; (2) The motor vehicle involved in the accident has not participated in the compulsory insurance of motor vehicle traffic accident liability; (3) Fleeing after a motor vehicle has been hit.

The amount of compensation is required, but it is paid by the insurance company on behalf of the insured company, and there is no need to pay the amount of compensation in person. In the event of a traffic accident involving two motor vehicles, one party is fully responsible and one party is not responsible. The non-responsible party motor vehicle compulsory traffic insurance shall bear the liability for the damage of the motor vehicle of the fully responsible party within the compensation limit of the non-responsible property damage, and the motor vehicle compulsory insurance of the fully responsible party shall bear the liability for the damage of the motor vehicle of the non-responsible party within the compensation limit of property loss.

The amount of compensation to be borne by the vehicle of the non-responsible party for the loss of the vehicle of the fully responsible party shall be compensated by the fully responsible party under the compensation limit for the non-liability property loss of the party's compulsory traffic insurance. For example, if two cars A and B collide with each other and cause damage to both vehicles, car A is fully responsible (loss of 2,000 yuan), and car B is not responsible (loss of 1,800 yuan). If the non-liability compensation limit applicable to the compulsory traffic insurance of car B is 100 yuan, the compensation result of the compulsory traffic insurance for the two vehicles is:

Car A's compulsory traffic insurance will pay 1,800 yuan for car B, and car B will pay 100 yuan for car A. The compensation amount of 100 yuan that car B should bear for the loss of car A shall be compensated by car A insurance company under the compensation limit for property loss without liability under the compulsory traffic insurance of the party. If it is purely a vehicle loss, it does not involve an accident involving personnel.

1. The basis for the non-liability compensation of compulsory traffic insurance.

Article 21 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability 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 liability limit of the compulsory insurance for motor vehicle traffic accident liability in accordance with the law. This provision is the direct legal basis for the formulation of compulsory liability insurance clauses and the determination of rates.

This provision is fully consistent with the provisions of Article 76 of the Road Traffic Safety Law, which does not apply to compensation within the limit of liability.

2. What is the amount of compensation for compulsory traffic insurance?

Article 8, Paragraph 1 of the Compulsory Insurance Clause for Motor Vehicle Traffic Accident Liability, in the territory of the People's Republic of China, if the insured suffers personal or property losses due to a traffic accident during the use of the insured motor vehicle, the insured shall be liable for damages according to law, and the insurer shall be responsible for compensation within the following compensation limits for each accident in accordance with the provisions of the compulsory traffic insurance contract:

1. The compensation limit for death and disability is 110,000 yuan;

2. The compensation limit for medical expenses is 10,000 yuan;

3. The compensation limit for property damage is 2,000 yuan;

4. When the insured is not liable, the compensation limit for death and disability without liability is 11,000 yuan; The compensation limit for non-liability medical expenses is 1,000 yuan; The compensation limit for non-liability property damage is 100 yuan.

The compulsory motor vehicle insurance system is a statutory insurance system, which is different from general commercial insurance in terms of value pursuit, system design and operation mode, and is also an institutional arrangement in the exploratory stage in China. The Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability are administrative regulations formulated and promulgated in accordance with Article 17 of the Road Traffic Safety Law. According to the provisions of the "Compulsory Insurance Clause for Traffic Accident Liability", when the motor vehicle insured by Hu Pei is not liable in a traffic accident, the insurance company must also bear the liability for compensation, which is the so-called no-liability compensation.

Within the scope of compensation of compulsory traffic insurance, as long as it is one of the parties to the accident, the insurance company where the non-responsible party belongs must also bear a certain amount of compensation liability to the property damaged person or the person injured according to the liability compensation limit, transfer the risk to the insurance company, reflect the superiority of compulsory insurance of compulsory traffic insurance, and realize the insurance compensation for the victim.

Article 98 of the Road Traffic Safety Law of the People's Republic of China If the owner or manager of a motor vehicle fails to take out compulsory third-party liability insurance for motor vehicles in accordance with the provisions of the state, the traffic management department of the public security organ shall detain the vehicle until it is insured in accordance with the regulations, and impose a fine of twice the insurance premium that should be paid in accordance with the minimum liability limit for insurance in accordance with the regulations.

All fines paid in accordance with the preceding paragraph shall be included in the social assistance for road traffic accidents**. The specific measures are stipulated by ***.