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After an all-insured vehicle accident, it can be handled separately according to the following situations:
1) If it is a unilateral accident, the insurance company shall directly pay compensation according to the car damage insurance; Both parties need the traffic police to determine the responsibility for the accident, and then the insurance company will pay according to the proportion of liability.
2) If one party of the motor vehicle is responsible, the insurance company shall be responsible for compensation within the limit of the compulsory traffic insurance, and the compensation limit shall be 122,000 yuan, including 10,000 yuan for medical expenses, 2,000 yuan for property damage, and 110,000 yuan for death and disability. The shortfall will be paid by the insurance company of the commercial third-party insurance.
3) If the other party is injured but not disabled or dead, the maximum compensation for medical expenses within the scope of compulsory traffic insurance is 10,000 yuan; If there is disability or death, the maximum compensation for medical expenses plus death and disability expenses is 120,000 yuan. The excess part will be paid by the insurance company of the commercial third party insurance.
4) In terms of the other party's car damage, 2,000 yuan will be compensated within the scope of compulsory traffic insurance, and the part exceeding 2,000 yuan will be paid by the third-party liability insurance in proportion to the size of the liability.
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.
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1. How to compensate for all-risk vehicle accidents.
1. The compensation for the accident of the vehicle under all risk is as follows:
1) If it is a unilateral accident, the insurance company will pay directly according to the car damage insurance;
2) If it is an accident between the two parties, the traffic police need to determine the responsibility, and then the insurance company will pay according to the proportion of liability.
2. Legal basis: Article 21 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability.
If a road traffic accident occurs in the 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.
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 accident liability, 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.
2. What are the vehicle insurances?
1. Compulsory traffic insurance, including compensation for death and disability, medical expenses, property damage to a third party after a road traffic accident, etc.;
2. Third-party liability insurance, including the insured or the qualified driver allowed by the insured to have an accident in the process of using the insured vehicle, resulting in personal damage or property damage to the third party;
3. Vehicle loss insurance, including losses caused by accidents such as accidental collision or rollover of the insured vehicle; Fire around the insured vehicle or damage to the vehicle; Losses caused by natural disasters, collapse of external objects, falling objects in the air, and parallel falls of the insured vehicle while driving.
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Legal analysis: 1. Unilateral car damage: full compensation.
2. Collision between two vehicles: compensation according to the proportion of liability. 3. Collision property (such as road railings):
Compensation is based on the amount of loss. 4. Other additional insurance only plays a role in some special circumstances.
Legal basis: Article 1213 of the Civil Code of the People's Republic of China If a motor vehicle is involved in a traffic accident and the damage is the responsibility of the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.
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How does the insurance company compensate for the accident of the whole insurance: 1. The insurance company shall bear the corresponding liability for compensation according to the insurance terms in the compensation project, for example, the insurance company will compensate for the drugs within the scope of the national basic medical catalogue for medical expenses, and the normal and reasonable examination fees.
2. Except for the self-paid part of the drug, the normal and reasonable claims of the injured are generally within the scope of the insurance company, but the insurance company does not bear the unreasonable claims of the injured.
3. Therefore, the items claimed by the injured must be approved by the insurance company, otherwise the insurance company will not compensate.
4. The accident should be determined by the traffic police, and if you bear full responsibility, you should also reasonably bear a part of the compensation, so that it can be solved as soon as possible.
5. If the injured person makes an unreasonable request, you can ask the injured person to settle it through litigation, and you add the insurance company as the second defendant.
In the case of drunk driving, driving without a license, and the de-inspection of the driving license and driver's license, the insurance company will not make a claim. In addition, in addition to the driver's own reasons, if the vehicle is not inspected on time or does not have a driving license or license plate issued by the traffic management department, the insurance company can refuse to pay for the accident.
When there is a car accident, you must call the insurance company as soon as possible, and then call the police, and the insurance commissioner will come over to do a detailed investigation, so you don't need to do anything, and then you will make a claim.
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