The insurance company compensates for the following expenses after a car accident:
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Damage Compensation Cases in Road Traffic Accidents
I. Compulsory Insurance Compensation Scope
1. Compulsory Insurance Compensation Scope
Insured motor vehicles involved in road traffic accidents resulting in personal injury or death of the person in the vehicle and the victim other than the insured. If the insured motor vehicle is involved in a road traffic accident that causes personal injury or death of the vehicle's personnel, victims other than the insured, or property damage, the insurance company will compensate for the damage within the liability limit of the compulsory insurance for motor vehicle traffic accidents.
2. Compensation limit of compulsory insurance
Limit of liability: (after February 1, 2008)
(a) death and disability compensation limit of 110,000 yuan;
(b) medical expenses compensation limit of 10,000 yuan;
(c) property damage compensation limit of 2,000 yuan
Maximum limit of compensation: $122,000
Limit for no liability:: (standard after February 1, 2008)
(i) $11,000 limit for death and disability;
(ii) $1,000 limit for medical expenses;
(iii) $100 limit for property damage
Maximum limit of compensation. : 12,100 yuan
II. Death and Disability Compensation Items:
Funeral expenses, death compensation, transportation expenses incurred by the victim's relatives for the funeral, disability compensation, disability aids, nursing care, rehabilitation, transportation, living expenses of the dependents, accommodation expenses, lost wages, and compensation for the moral damages borne by the insured in accordance with the court's judgment or mediation.
Third, the medical expenses compensation program:
Medical expenses, diagnostic and treatment costs, hospitalization costs, hospital meal allowance, necessary and reasonable follow-up treatment costs, cosmetic surgery costs, nutritional costs.
Four, property damage compensation program:
Direct and indirect losses
(a) direct property damage refers to the direct impairment of property interests caused by road traffic accidents. Usually includes vehicles, portable property loss, loss of goods on board, on-site rescue, the cost of aftercare, etc..
(ii) indirect property damage is the indirect impairment of property interests caused by road traffic accidents usually include losses such as stopping transportation, the victim can prove that can be expected to obtain the indirect economic benefits suffered a loss, you can ask for compensation.
For example, the vehicle repair period of out-of-service net profit loss, the driver's salary expenses, highway tolls, industrial and commercial operating costs. The legal basis is the supreme people's court on January 29, 1999, the trial committee of the 1042nd meeting, since February 13, 1999, the supreme people's court on the traffic accidents in the property damage includes the loss of the damaged vehicle stopping the issue of the approval of the reply?
"In the case of compensation for damages in traffic accidents, if the victim claims compensation for the loss of stopping transportation during the period of repair of the damaged vehicle on the grounds that the damaged vehicle is being used for the transportation of goods or the operation of passenger transportation, the person responsible for the traffic accident shall compensate for the loss of stopping transportation."
V. Determination of the Scope of Compensation
Article 14 The "personal injury or death" stipulated in Article 76 of the Road Traffic Safety Law refers to the damages caused by a motor vehicle traffic accident infringing on the infringed person's rights and interests of the person such as the right to life, the right to health and other rights and interests of the person, including damages stipulated in Articles 16 and 22 of the Tort Liability Law. Provisions of the damage.
Road Traffic Safety Law, Article 76 of the "property damage", refers to the motor vehicle traffic accidents infringing on the property rights and interests of the infringer of the loss.
Article 15
The people's court shall support the request for compensation by the infringer for the following property losses caused by a road traffic accident:
(1) expenses incurred in repairing the damaged vehicle, loss of articles contained in the vehicle, and costs of rescuing the vehicle;
(2) the replacement value of the vehicle equivalent to the value of the damaged vehicle at the time of the accident, due to the vehicle's disappearance or inability to be repaired; (3) the replacement value of the vehicle equivalent to the value of the damaged vehicle at the time of the accident, due to the loss or inability to be repaired. vehicle replacement costs equivalent to the value of the damaged vehicle;
(iii) reasonable out-of-service losses arising from the inability to engage in the corresponding business activities of vehicles engaged in the transportation of goods, passengers and other business activities in accordance with the law;
(iv) reasonable costs of usual alternative means of transportation arising from the inability to continue the use of non-business vehicles.
VI. Determination of Liability
Article 16
A motor vehicle that is insured with both compulsory motor vehicle third-party liability insurance (hereinafter referred to as "compulsory insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") is involved in a traffic accident.
If a motor vehicle insured with both compulsory traffic insurance (hereinafter referred to as "compulsory traffic insurance") and commercial third party liability insurance (hereinafter referred to as "commercial third party insurance") causes damage in a traffic accident, and the party concerned sues the tortfeasor and the insurance company at the same time, the people's court shall determine the liability for the compensation in accordance with the following rules:
(a) The insurance company which carries compulsory traffic insurance shall compensate the damages within the limit of liability;
(b) If the damage is insufficient, the insurance company which carries commercial third party liability insurance shall compensate the damages according to
(c) If there is still a shortage, the infringer will be compensated in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law.
The people's court shall support the request of the infringer or his close relatives for the insurance company to prioritize the compensation of moral damage.
Expanded information: Compensation procedures The compulsory insurance application claims such as road traffic accidents involving third-party casualties or property damage, the insured should first contact the 120 emergency telephone (if there are casualties), call the 122 traffic police, and call the insurance company's customer service hotline to report the case, cooperate with the insurance company to investigate the scene, and according to the situation, you can ask the insurance company to pay or pay the cost of resuscitation. The insurance company shall, within 1 day from the date of receipt of the application for compensation, inform in writing of the proofs and information that need to be provided in relation to the compensation; within 5 days from the date of receipt of the proofs and information, make an approval as to whether it belongs to the insurance liability, and notify the insured of the result. If it does not fall within the insurance responsibility, it shall give reasons in writing. If it falls within the insurance responsibility, the insurance premium shall be paid within 10 days after reaching an agreement with the insured on the compensation of the insurance premium. Exemption from compensation According to China's relevant laws, the insurance company will not be liable for compensation in the following cases within the limit of liability of compulsory traffic insurance: 1, the victim's intentional behavior resulting in traffic accidents, physical damage, property damage, such as suicide, self-inflicted injuries, bumper stickers and so on; 2, the "Regulations on Compulsory Insurance for Traffic Accidents 3. Arbitration or litigation fees and other costs associated with the traffic accident; 4. Consequential damages, e.g., diminution of value of the vehicle due to collision. Claims Procedures Report Receiving and Claim Acceptance A. Upon receipt of the report from the insured or the victim, the insured or the victim shall be inquired about the situation, and the insured or the victim shall be immediately informed of the specific compensation procedures and other related matters. If the accident involves casualties or one of the parties to the accident is not insured, the parties involved in the accident should be reminded to report the accident to the local traffic management department immediately. B. The insurer shall keep detailed records of the reported cases and manage them in a unified file. C. If the insured motor vehicle is involved in a traffic accident, the insured shall apply to the insurer for compensation of the insurance premium. The insurer shall, within one working day from the date of receipt of the application for compensation, inform the insured in writing in the form of claim instructions of the proofs and information related to compensation that need to be provided to the insurer. The insurer shall, within 5 working days from the date of receipt of the proofs and information provided by the insured, make an approval as to whether it is an insurance liability and notify the insured of the result; if it is not an insurance liability, it shall state the reasons in writing; if it is an insurance liability, it shall compensate the insurance premium within 10 working days after reaching an agreement on compensation with the insured. The instructions for claiming compensation must be plain and easy to understand, and according to the actual case, check the following proof and information related to compensation: Application for claiming compensation, the original compulsory insurance policy for motor vehicle traffic accidents, the certificate of responsibility for traffic accidents, mediation letter, simple accident handling letter, traffic accident self-negotiation agreement, court ruling, decision, mediation, judgment, arbitration, vehicle damage determination form, vehicle repair invoice, and the insurance company will notify the insured in writing of any damage to the vehicle. Vehicle damage report, vehicle repair invoice, property damage list, Hospital diagnostic certificates, medical expense reimbursement vouchers, proof of lost wages and income, disability appraisal, death certificates, proof of dependents, proof of household registration, motor vehicle license, motor vehicle driver's license, proof of identity of the insured person, proof of identity of the person who receives the compensation. Survey and loss determination A. After the insurer of the motor vehicles of the parties to the accident receives the report from the customer, the insurer of the vehicle of the responsible party shall conduct a survey and approve the loss of the victim. If the vehicle of the non-responsible party is involved in the compensation for casualties, the insurance company of the non-responsible party shall also conduct a survey to determine the damage. Transfer formalities The article 15 of the compulsory insurance policy states: "During the period of validity of the insurance contract, the insurer will re-approve the insurance premium billing in accordance with the policy year. If the insured motor vehicle is involved in a traffic accident, the insured will apply to the insurer for compensation of the insurance premium." The owner of the car himself, carrying the original ID card, to the insurance company to submit a written application to make changes can be. If not in person, the agent also needs to bring a power of attorney and go to the insurance company. Old car premiums In the process of used car transactions, the compulsory insurance has the principle of "with the car", except for the terms of the agreement of the special circumstances can not be canceled insurance contract. In other words, after the sale of a used car, the compulsory insurance is automatically transferred to the new owner's name. Therefore, after buying a used car, the owner should check whether the used car still has compulsory insurance. Except for compulsory insurance, which does not need to be transferred, all other car insurance needs to be transferred by the new owner to the original insurer of the vehicle. The rate of compulsory insurance according to the vehicle history record to implement a double-linked mechanism, where there has been a record of insurance, or drunk driving illegal driving behavior record of the vehicle, the next year the rate of compulsory insurance will be up, And a good record of the vehicle the next year when renewing the insurance may be entitled to certain discounts on preferential rates, and the record of the used car when the transfer of the record is with the car does not follow the person. So how much used car insurance will vary depending on the specifics of the used car. Baidu Encyclopedia - Compulsory Insurance for Motor Vehicle Traffic Accident Liability