Discount scheme for second-hand medical equipment

Q: I am a freight driver of an electronic processing equipment company. There was a traffic accident during the delivery last month. The owner was injured when he ran into a car due to overload. Now I'm asked to pay for the loss, but I didn't pay the insurance. I didn't pay the insurance at that time because the insurance company pushed from pillar to post. In this case, can I ask the insurance company to bear the corresponding compensation liability within the compulsory insurance liability limit?

A: The Scout Law Online Consultation will answer your question.

The first paragraph of Article 21 of the Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance (hereinafter referred to as the Regulations) stipulates: "If an insured motor vehicle has a road traffic accident, causing personal injury or property loss to the victim other than the insured, the insurance company shall make compensation within the limits of compulsory motor vehicle traffic accident liability insurance." It can be seen that compulsory insurance only bears the liability for compensation for the victims other than the people on board and the insured. On the other hand, insurance companies are only liable for personal injury and property losses of victims, and insurance companies are only liable for compensation within the corresponding liability limits. Article 35 of the Regulations stipulates: "The items and standards of road traffic accident damage compensation shall be implemented in accordance with the provisions of relevant laws." The provisions on compensation items and compensation standards in the General Principles of the Civil Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the Judicial Interpretation of Personal Injury Compensation) are the relevant legal provisions mentioned in this paper. Article 117 of the General Principles of the Civil Law stipulates that those who encroach on state or collective property or other people's property shall return the property; If the property cannot be returned, it shall be compensated at a discount. If the property of the state, the collective or others is damaged, it shall be restored to its original state or compensated at a discount. If the victim suffers other heavy losses as a result, the infringer shall also compensate for the losses. Article 119 stipulates that anyone who infringes on a citizen's body and causes harm shall pay compensation for medical expenses, income reduced due to missed work, living allowance for the disabled and other expenses; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid. Article 17 of the Judicial Interpretation of Personal Injury Compensation stipulates that the compensation obligor shall compensate the victim for personal injury, all expenses arising from medical treatment and income reduced due to missed work, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim. Article 18 stipulates that if the victim or a close relative of the deceased suffers mental damage and the obligee requests the people's court to pay compensation for mental damage, it shall be determined in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort. In view of the content of compulsory insurance compensation scope, a detailed answer has been given above. At this time, only the personal injury and property loss of the victims other than the people on board and the insured are compensated, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, etc.