Can the injured person apply for compulsory traffic insurance if he or she has commercial insurance?

Article 16 Where a motor vehicle that has purchased both 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") causes damage caused by a traffic accident, and the parties sue both 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 insufficient part shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract; (3) Where there are still deficiencies, the infringer shall compensate in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law. 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.

Compulsory traffic insurance and commercial insurance can be reported together, but the compensation amount of commercial insurance is subject to deduction of the compensation amount of compulsory traffic insurance. According to Article 5 of the "Motor Vehicle Loss Insurance Clause", during the insurance period of this contract, the company shall be responsible for compensation for the loss of the insured vehicle caused by an accident in accordance with the provisions of this contract. Article 6 In the event of an insured accident, the Company shall be responsible for compensating the insured in accordance with the provisions of this contract for the necessary and reasonable expenses incurred by the insured to take rescue and protection measures for the insured vehicle.

Article 23 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability Compulsory insurance implements a uniform liability limit throughout the country. Liability limits are divided into death and disability compensation limits, medical expense compensation limits, property damage compensation limits, and compensation limits for the insured who is not liable in road traffic accidents. The liability limit of compulsory insurance for motor vehicle traffic accident liability shall be prescribed by the insurance supervision and administration agency in conjunction with the public security department, the health department and the agriculture department.

After a traffic accident occurs, it is necessary to compensate by the compulsory traffic insurance first, and if the compensation limit of the compulsory traffic insurance is exceeded, the compensation shall be made according to the accident liability determined by the traffic police in the commercial insurance.

Article 16 of the 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 provides that if a motor vehicle that has purchased both compulsory third-party liability insurance and commercial third-party liability insurance for motor vehicles 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 insufficient part shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract;

Extended Information: 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

1. First, according to the provisions of Articles 49 and 50 of the Tort Liability Law, in principle, the owner of the operation control and operation interests of the motor vehicle shall bear the responsibility, and the owner or manager shall bear the fault liability. This is mainly for the situation of borrowing, leasing, transferring, non-theft and other situations that cause traffic accidents by driving other people's motor vehicles without authorization.

The fault of the owner or manager is mainly manifested in the negligence of the maintenance of the safety and technical performance of the motor vehicle, and the neglect of the user's driving qualification and driving ability.

2. Second, in accordance with the provisions of Article 51 of the Tort Liability Law, for the owners or managers of motor vehicles under a series of illegal circumstances, from the perspective of increasing the protection of victims, reducing the risk of traffic accidents, and sanctioning illegal acts, it is stipulated that the offenders within the relevant scope shall bear joint and several liability, such as the rules for determining the responsible subjects in the case of fake-licensed vehicles, assembled vehicles, scrapped vehicles, etc.

3. The third is to distinguish the causes of road traffic accidents based on the provisions of other chapters of the Tort Liability Law, and determine the responsible entity in the case of multiple causes and one effect based on the statutory duty of care borne by the relevant subjects as the basic judgment factor.

For example, the identification of the responsible entity for traffic accidents caused by road management and maintenance defects, and the rules for determining the responsible entity for traffic accidents caused by road design and maintenance defects.

The injured person has applied for commercial insurance, which is his insurance to get compensation, and the car owner can still apply for compulsory insurance, which is the compensation you apply for.

According to the regulations of the relevant authorities. A mandatory clause of an insurance company. It is impossible to report the same accident twice.

Unless it is equally responsible, each repairs its own car. The injured have been reported, commercial insurance. Under the same report number, you will not be able to apply for compulsory traffic insurance.

In fact, it will be held accountable later.

The injured person has applied for commercial insurance, and the owner can also apply for compulsory traffic insurance, and there is no conflict between the two of them. Because it's two. Angular newspaper.

There is no conflict between the injured person's commercial insurance and the car owner's compulsory traffic insurance, so it is okay.

Supporting the commercial insurance, the car owner can apply for compulsory insurance, these two are not in conflict.

Can the injured person apply for compulsory traffic insurance if he or she has commercial insurance? The injured person can apply for compulsory insurance if he or she has a commercial insurance policy, and the two are not in conflict.

If the injured person has applied for commercial insurance, the owner can still apply for compulsory insurance, and the two are not in conflict.

1. When buying insurance, it is best to have commercial insurance and compulsory traffic insurance as an insurance company.

When the vehicle has an accident, the first time need to seek the traffic police accident handling department to intervene in the treatment, traffic police accident, the department will take pictures of the accident scene to investigate, and the accident responsibility is divided, before the report can be solicited the opinions of the traffic police department. If the traffic police department believes that the other party is fully responsible, then there is no need for the individual to report the case, if the traffic police department believes that both parties are responsible, the traffic police department can be asked to divide the responsibility, roughly estimate the cost, if the cost is within the scope of compulsory traffic insurance, then you can use compulsory traffic insurance to compensate, if the cost is beyond the scope of compulsory insurance, then you can choose commercial insurance for compensation.

No. Because the parties can choose the type of insurance to declare according to their needs, it is not necessary to apply for compulsory traffic insurance before they can apply for commercial insurance.

Yes, under normal circumstances, it is a piece of payment, if only the compulsory insurance, the later accident can not be guaranteed, it is best to pay.

Indeed, it is necessary to apply for compulsory traffic insurance before you can apply for commercial insurance. Mainly because we have to buy compulsory insurance, so we should apply for compulsory insurance as soon as possible.

Summary. Hello, you can only report commercial insurance without compulsory insurance, but in doing so, commercial insurance will deduct the part of compulsory insurance that should be compensated.

Hello, you can only report commercial insurance without compulsory insurance, but in doing so, commercial insurance will deduct the part of compulsory insurance that should be compensated.

Normally, only when the compulsory traffic insurance expires, or if the compulsory traffic insurance is not purchased, will the hail only report the commercial insurance and not the compulsory traffic insurance. In the reimbursement process, the commercial insurance will deduct the source and part of the compensation that should be compensated by the compulsory traffic insurance.

For car owners, if neither the compulsory traffic insurance nor the commercial insurance has expired, then the compulsory traffic insurance should be used first, and then the commercial insurance should be used for reimbursement. In the same traffic incident, the use of traffic insurance and commercial insurance at the same time only calculates the risk once, and will not calculate the risk repeatedly.

If the compulsory traffic insurance has expired and the commercial insurance is not available, can I apply for commercial insurance?

OK. Is there any commercial insurance?

OK. Commercial insurance can be paid, but the part that should be compensated by compulsory traffic insurance must be deducted.

1. Compulsory traffic insurance is a compulsory insurance system implemented by national laws, and the liability limit is fixed. The commercial third-party insurance is not compulsory, the policyholder decides whether to insure, and the liability limit of the insurance is also chosen by himself, which can be insured for 50,000 yuan or 500,000 yuan. 2. The compensation principle and compensation order of the two types of insurance are different, and the compulsory traffic insurance implements the principle of "no-fault liability", that is, regardless of whether the insured is responsible for the traffic accident, the insurance company will compensate within the liability limit.

The commercial third-party insurance adopts the principle that "the insurance company determines its liability according to the accident liability borne by the insured in the traffic accident". 3. In the order of compensation, the compensation shall be paid under the compulsory traffic insurance first, and if the compensation is exceeded, the compensation shall be made by the commercial third-party insurance. In addition, there are provisions such as deductible odds or deductibles in commercial third-party insurance, that is, the insurance company will only compensate for the part that exceeds the deductible or deductible.

In the case of a traffic accident, the injured person can obtain the compensation of the personnel insurance of his own vehicle after receiving the compensation of the compulsory traffic insurance of the other party's vehicle.

In fact, the vast majority of victims choose to sue the other party for compulsory vehicle insurance and their own vehicle's occupant insurance at the same time. The court will award compensation to the compulsory traffic insurance first, and then the remaining part will be compensated by the occupant insurance.

OK. You guess you mean all three.

Compulsory traffic insurance is a "compulsory insurance" stipulated by the state, and every car must be done. Commercial insurance.

It is not mandatory, it is voluntary, and the compulsory traffic insurance is a bit similar to the "third-party insurance" in commercial insurance, that is, to protect the other party, and the Ming Pai Sui is not to protect your car. Car damage insurance in commercial insurance.

When a traffic accident occurs, the police are the first to use the "compulsory traffic insurance", if the compulsory traffic insurance is insufficient (due to property damage only 2000 yuan compensation limit) to use the "third party insurance" of commercial insurance. Therefore, there is no question of what situation is suitable for what risk. FYI.

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

Compulsory traffic insurance is paid to others, and the car damage insurance in commercial insurance is paid to yourself.

Let's take a look at the specific differences.

1. Compulsory traffic insurance.

The full name of compulsory traffic insurance is "compulsory insurance for motor vehicle traffic accident liability", which is a compulsory liability insurance for the personal and property losses of the victims (excluding the vehicle personnel and the insured) caused by road traffic accidents caused by the insured motor vehicle within the liability limit.

Compulsory liability insurance is the first compulsory insurance system in China that is prescribed by national law. The premium is the implementation of the national unified charging standard, which is uniformly stipulated by the state, but the compulsory traffic insurance of different car models is also different, and the main influencing factor is the "number of car seats".

From September 19, 2020, the Guiding Opinions on the Comprehensive Reform of Motor Insurance will be officially implemented, and the total liability limit of compulsory traffic insurance will be increased from 10,000 yuan to 200,000 yuan.

2. Car damage insurance.

Vehicle damage insurance refers to a kind of automobile commercial insurance that is compensated by the insurance company within a reasonable range if the insured vehicle is damaged due to an insured accident while using the insured vehicle or its permitted driver.

Car damage insurance is the basic insurance of vehicle insurance, which mainly compensates for the loss of the insured vehicle.

First of all, the new clause introduces a model factor. Different models are subject to different standards, and for models with very good safety performance, low probability of accident and relatively low maintenance costs, such as Iveco, King Long, Cherokee, Sonata and other models, a certain rate reduction is implemented. On the contrary, the rate will be increased for special models, rare models, and ancient models.

Secondly, an absolute deductible of 500 yuan is set in the terms of car damage insurance for family cars and business cars. However, although the owner bears the loss of less than 500 yuan, because there is no claim record in the insurance company, he can enjoy a 5% 10% discount on insurance premiums when renewing the policy.

Thirdly, the new clause also sets 12 levels of auto insurance rate adjustment according to the previous year's compensation record, which will be dynamically adjusted according to the previous year's compensation situation, and the highest level is 12 levels, and its insurance premium will be adjusted to 200%; The lowest tier is the first tier, and the premium will be adjusted to 50%.

In addition, the car insurance also has a vehicle violation record linked to the rate, serious violations and more than 3 minor violations, the rate will be increased by 5% 10%; In the previous year, there were no traffic violations, and the rate was discounted.

Hope it helps.

Commercial insurance pays for your own car, that is, car damage insurance, and compulsory traffic insurance is mainly aimed at a third party or car, that is to say, if you drive into someone else or someone else's car, go is your compulsory traffic insurance, if you reach the compensation amount of compulsory traffic insurance, you will use your three liability insurance, if the three liability insurance also reaches the compensation amount, the extra part needs to be borne by you personally, try to buy three obvious time to buy a larger amount, I hope to help you.

The car checked the insurance and said that it was going to apply for commercial insurance, because the compulsory traffic insurance was paid to a third party, and there was no third party after you wiped it yourself.

If you have strong insurance, you will use some major traffic accidents, and you must use commercial insurance.

This time, I pricked up the insurance and said that I wanted to use commercial insurance, why not strengthen the difference? There is a difference between the compulsory insurance and the non-compulsory insurance of commercial insurance.

This is probably the commercial insurance is insured, these, emphasizing the compulsory insurance he will only be when we are an accident.

I checked the insurance myself, I think it's better to apply for compulsory insurance, if it's not very big, I think you should not take commercial insurance, because the premium will rise in the future.