Q: I am an electronic processing equipment company's freight driver, in the last month when the delivery of traffic accidents, I was overloaded due to a small car to hit the owner of the car was injured, and now require me to compensate for the loss, and I did not pay the insurance, at that time did not pay the insurance because the insurance company pushed and blocked the four lead to the case, please ask me this case, I can ask the insurance company to take responsibility for compensation within the limits of liability of the traffic insurance? Can I ask the insurance company to bear the responsibility of compensation within the liability limit of compulsory insurance in this case?
A: Jun with the legal online consultation for you to answer
"Compulsory Insurance Regulations for Motor Vehicle Traffic Accident Liability" (hereinafter referred to as the regulations), Article 21, paragraph 1, provides that: "The insured motor vehicle road traffic accidents caused by the vehicle, the insured other than the victims of personal injury and death, property damage, the insurance company according to the law in the motor vehicle, the insurance company will not be responsible for the damage. Compulsory traffic accident liability insurance liability limit range to be compensated." It can be seen that compulsory traffic insurance only bears the compensation responsibility for the victims other than the personnel of the vehicle and the insured, on the other hand, the insurance company only bears the compensation responsibility for the victims' personal injury or death and property damage, and the insurance company only bears the compensation responsibility within the corresponding liability limit. Article 35 of the regulations stipulates that "the items and standards of compensation for damages in road traffic accidents shall be implemented in accordance with the provisions of the relevant laws." The General Principles of Civil Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Cases of Personal Injury Compensation (hereinafter referred to as the Judicial Interpretation of Personal Injury Compensation) concerning the compensation items and standards of compensation are the provisions of the relevant laws referred to in this article. Article 117 of the General Principles of Civil Law stipulates that anyone who appropriates state or collective property or the property of others shall return the property, and if he or she is unable to return the property, he or she shall pay compensation at a discounted price. Damage to state or collective property or the property of others shall be restored to its original state or compensated at a discounted price. If the victim suffers other significant losses as a result, the aggressor shall also compensate for the losses. Article 119 stipulates that: infringement of the citizen's body caused injury, shall be compensated for the medical expenses, due to lost income, disability living allowance and other costs; caused death, and shall pay funeral expenses, the deceased before the birth of the necessary living expenses of the people dependent on the expenses. Personal injury compensation judicial interpretation of article 17 provides that: the victim suffered personal injury, due to medical treatment expenses and reduced income due to lost wages, including medical expenses, lost wages, nursing costs, transportation costs, accommodation costs, hospital food subsidies, the necessary nutrition costs, the compensation obligation shall be compensated. If the victim is disabled as a result of the injury, the person liable for compensation shall also compensate the victim for the necessary expenses incurred to increase his or her living needs and for the loss of income due to the loss of the ability to work, including disability indemnity, disability aids and appliances, living expenses for dependants, and the necessary rehabilitation, nursing care, and follow-up treatment expenses incurred as a result of the rehabilitation and nursing care and the continuation of the treatment. In the event of the victim's death, the person liable for compensation shall, in addition to compensating the relevant expenses specified in paragraph 1 of this Article according to the situation of the rescue and treatment, also compensate for the funeral expenses, the living expenses of the dependants, the death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses and loss of time lost from work, etc., incurred by the victim's relatives in handling the funeral. Article 18 stipulates: the victim or close relatives of the deceased suffered moral damage, the right to compensation to the people's court for compensation for moral damage consolation, the application of the supreme people's court on the determination of civil infringement of moral damage liability for a number of issues to be determined by the interpretation of the. For the content of the compulsory insurance compensation scope, has been in the above made a very detailed answer, at this time is only for the vehicle personnel, the insured other than the victim's personal injury and death, property damage compensation, specifically including medical expenses, lost wages, nursing costs, transportation costs, accommodation costs, hospital meal allowance and so on.