Compensation in the order of compulsory insurance, commercial insurance, the responsible person.
2012-11-27Supreme People's Court on the trial of road traffic accident damages cases on the application of law on a number of issues of interpretation
Article 16 Both motor vehicle third party liability compulsory insurance (hereinafter referred to as "compulsory insurance") and third party liability commercial insurance (hereinafter referred to as "commercial third party insurance"). If a motor vehicle insured with both compulsory third party liability 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 parties concerned sue both the tortfeasor and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules:
(a) The insurance company which underwrites the compulsory traffic insurance shall pay the compensation within the scope of the limit of liability;
(b) The part of compensation which is insufficient shall be paid by the insurance company which underwrites the commercial third party insurance. (b) The insurance company of commercial third party insurance will compensate for the insufficiency according to the insurance contract;
(c) If there is still insufficiency, the tortfeasor will compensate for the insufficiency according to the relevant provisions of the Road Traffic Safety Law and Tort Liability Law.
The people's court shall support the request of the infringer or his close relatives to prioritize the compensation of moral damages from the insurance company underwriting the compulsory insurance.
Motor vehicles in the insurance period of traffic accidents, resulting in property damage or injury, the need for the public security organs to determine the responsibility of the motor vehicle, and then in accordance with the responsibility to bear the loss of the accident compensation, after the end of the compensation, in accordance with the terms of the insurance contract, the contents of the insurance policy to apply for insurance claims. Claims, first of all, the insured to the insurance company to submit the relevant information, insurance claims window acceptance audit, the insurance company's approval of the higher level, the insurer to determine the final amount of compensation for the insurance premiums, the payment of the corresponding compensation.
1. When the insured person requests compensation, he/she should provide the insurer with relevant proofs and information according to the requirements of the insurance contract.
2. Accidents that cause physical damage to the third party are also required to provide the following proof and information: receipts of original medical expenses, diagnosis certificates and medical records issued by medical institutions above the second level or recognized by the insurer; in case of disability caused to the third party, the medical institutions with the qualification of disability appraisal required by relevant laws and regulations should also be provided with proof of the extent of the disability; in case of the death of the third party, the third party should also be provided with the certificate issued by the public security authorities or medical institutions. Public security organs or medical institutions issued by the death certificate;
3. According to the insurance vehicle driver responsible for the accident, vehicle damage insurance and third-party liability insurance in line with the compensation provisions of the amount of the implementation of the absolute deductible, bear full responsibility, the insurance company will be in accordance with the provisions of the contract, minus 20% deductible, and at the same time, insured exclusionary insurance will be in accordance with the standards of medical insurance, that is, the reasonable and necessary medical expenses standard to give the full amount of the medical expenses. The insurance company will deduct 20% of the deductible according to the contract.
4. Reasonable and Necessary Medical Expenses: Medical expenses incurred during the treatment of accidental injuries in accordance with the Urban Workers' Basic Medical Insurance Drug List, Urban Workers' Basic Medical Insurance Diagnostic and Treatment Catalog, Urban Workers' Basic Medical Insurance Medical Service Facilities Catalog, and related regulations applicable at the time of the policy issuance in the place where the policy was issued, but excluding the following expenses:
(1) the use of prescribed medical treatment, and (2) the use of medical equipment, and (3) the use of medical equipment, and (4) the use of medical equipment and services. p> (1) Medical expenses that require individuals to pay a certain percentage of medical expenses when using certain medicines, special examinations and special treatments according to regulations;
(2) Medical expenses that require individuals to pay a certain percentage of medical expenses when transferring to other countries for medical treatment according to regulations;
(3) Medical expenses that are not stipulated in the basic medical insurance system and are at the expense of the individual;
5. The statute of limitations for the insured to claim compensation for the insurance benefits from the insurer shall not apply. The limitation period for the insured to request compensation for insurance benefits is two years from the date he/she knew or should have known of the occurrence of the insurance accident.
Traffic accidents I'm solely responsible for, how to find the insurance company claims, third party liability insurance, do not remember the exemption have,
The accident occurred in a timely manner after the police, and then reported to the insurance company, the correctness of the investigation scene will make the responsibility for the accident, and issued a certificate of responsibility for the accident, the traffic police from the determination of your full responsibility, you have to notify your insurance company on both sides of the vehicle damage, damage determination is the repair of the car, the other car is repaired after you Go to pay, it invoice back, the other drive away, your car is repaired, take the car repair invoice to the insurance company to reimbursement, and provide a certificate of responsibility for the accident, the insurance company receives your documents, a week of audit time, after a week of compensation directly into your bank card.
Traffic accidents are fully responsible for me to buy compulsory insurance and third party liability insurance each other to repair the car 5000 insurance company can be fully compensated?
Not necessarily, depending on the other vehicle has not been through the insurance company damage, the insurance company will only compensate for the part of the damage. The part that exceeds you to see if you want to pay him.
I am responsible for the traffic accident, the third party liability insurance how to pay.
Currently, there is an additional insurance for third party liability insurance, namely "no-fault liability insurance", if you are insured in the third party liability insurance at the same time with this insurance, the above situation is to pay for the compensation.
I am responsible for the traffic accident, the other party has a person injured to ensure that compensation, the third liability insurance
lumbar compression fracture of more than one-third of the constitute a ten-degree disability.
The victim is disabled due to injury, medical expenses, lost wages, nursing costs, transportation costs, accommodation costs, hospital food subsidies, necessary nutritional costs, disability compensation, disability aids, dependent living expenses, compensation for mental impairment, as well as rehabilitation and care, continue to treat the actual occurrence of the necessary rehabilitation costs, nursing costs, follow-up treatment costs.
Calculation Overview
1, lost wages = lost monthly income × lost time
2, medical expenses compensation = diagnosis and treatment + medicine + hospitalization fees + other
3, hospital meal allowance = general staff of the state organs on a business trip meal allowance standard (yuan / day) × hospitalization days
4, nursing care = the place of the traffic accident Nursing care labor remuneration standards for the same level of nursing labor × nursing days
5, funeral expenses = the location of the court of appeal in the previous year the average monthly salary of employees × 6 months
6, disability aids = the application of ordinary appliances and reasonable costs
7, disability compensation = the location of the court of appeal in the previous year the average per capita income of urban (rural residents) × disability factor × years of compensation
8, the dependent living expenses = the location of the court of appeal in the previous year urban residents (rural residents) per capita annual consumer spending × years of support
9, death compensation = the location of the court of appeal in the previous year per capita income × 20 years
10, in addition, there are transportation costs, accommodation costs, direct property damage costs, loss of vehicle stopping costs, moral damages The company's policy is to provide a comprehensive insurance policy to the public.
How can I claim from the insurance company after a traffic accident if I have bought both compulsory insurance and third party liability insurance?
As a high-quality question package, this question seems to involve a lot of advice, I'll do a collation of answers, can be similar to the case of friends reference.
After a traffic accident:
(1) the first time you should calmly stop the car and observe the accident casualties, while setting the accident reminder signs, lock the body to prevent theft.
(2) Use your cell phone to take pictures of the accident scene, the pictures should be enough to describe the location of the accident, such as the background is obvious building landmarks, or street icon, etc., to be able to describe the location of the accident, such as whether it is a traffic lane or sidewalk, there is no traffic light, there is no road location line, that is, the white solid line as well as the dotted line, and so on; the location of the accident car collision, the witness of the accident, accident
(3) Then, call the insurance company and 122 police. At this point, what you need to do is not to save lives, unless you are a professional physician. Otherwise you save or not save, there is no positive effect on the injured person. What you need is to immediately call family or friends, waiting for acquaintances to help at the same time, to remind the passing cars, and protect the scene, to avoid secondary accidents, but also help to help the traffic police accident identification;
(4) to give the injured person humanitarian care, but still can not move the injured person, unless the injured person to move on their own, at this time, you had better record the scene of the video;
(5) if the injured person (5) If the injured person is clear, you do not need to remind him to find his family, which will bring uncontrollable circumstances; if the injured person is unconscious, you can query his documents and take pictures, and then query the injured person's phone (if the other party did not set a password to lock the screen, then), to give him the most recent call back to his family dial back (this needs to depend on the situation to decide, you know).
Traffic police and insurance to come after:
(1) you need to first and insurance company claims adjuster to communicate, ask for advice on accident handling (attitude sincere point, people can kindly support more tricks);
(2) to the traffic police to describe the accident situation, ask for the process;
(3) at this time, there are traffic police and insurance companies are present in the situation, in fact, is the best time to call the injured person's family phone number, and the best time to call the injured person's family number. The best time to call the injured person's family, it is recommended that you personally use the injured person's phone to call, which will give the family a you take the initiative;
(4) If the injured person is sent to the hospital, it is best that you do not accompany the best way is to let the traffic police will be the responsibility of both parties to delineate, and then contact. Your reason is that there is no money, but the insurance is enough to pay any compensation, so that the injured as well as the family believe that your ability to compensate.
(5) Especially do not advance the injured person's medical expenses first thing, or later it is difficult to calculate and statistics. You have to justify the expression of clear, after you consult the insurance company, to be in accordance with the provisions of the insurance, everything, such as the treatment of the injured as well as diagnostic costs all down, in a one-time compensation; in this case, the accident, the person advances the medical expenses and other issues, will lead to later the patient's family members lion's share of the money, if the injured costs are their own advances, will naturally control the cost; but also to facilitate the future statistics, you have to Speak clearly with the family of the injured, it is best to take the newsletter or WeChat way, tell the other party, you only to the valid bills and the insurance company's stipulated expenses claims. If the excess is unreasonable, you are not compensated. If they are not convinced, you can let them go through the lawsuit to compensate. This way, the other party will not make too many unreasonable demands. Remember that others talk to you about feelings, you talk to the other side of the law, others talk to you about reasoning, you talk to the other side of feelings.
(C) on the claims
(1) each car third party insurance amount is not the same, it is recommended that should be based on the amount of the maximum compensation for the death of the city to choose the insurance varieties (or amount), it is clear that the case, the owner of the car is only insured 200,000 yuan amount, which obviously leads to a very passive, there is no bottom line.
(2) on the compulsory insurance, this is a fixed amount, that is, the maximum compensation of 10,000, so only the compulsory insurance friends, it is best to those who have good car skills, no bad driving habits, do not often drive at night, do not drink and drive friends.
(3) the insurance company in accordance with the terms of the insurance claims, you are not clear about their own terms and responsibilities, you can call the customer service hotline to consult the case, the insurance company's maximum compensation is 10,000 + 200,000 yuan. According to the case, the family's various requirements, I suggest, in this case, do not continue to communicate with them, tell them that you can not accept their way, you let them take you and the insurance to court, there is a court ruling it. This is the best way.
(4) do not ignore the traffic police accident responsibility determination, if you are not responsible, then although you can not exempt the injured person's obligation to save, but beyond the amount of insurance companies outside the part, you do not have to compensate.
(5) Finally, re-emphasize that, in the event of an accident, you must talk to the other side, you only accept a one-time compensation, so it is recommended to let all the injured treated, and then look for your claims. At the same time, emphasize that the insurance company's reimbursement provisions.
The third party liability insurance bought 200,000 yuan! Out of the traffic accident is fully responsible for the need for 200,000 to accompany! Insurance company fully accompaniedThird party insurance is a supplement to compulsory insurance, compulsory insurance and disability 110,000 medical expenses 10,000 property 2,000 yuan of the amount. So as long as 200,000 compensation is reasonable, the insurance company will bear.
The two sides of the traffic accident, I am willing to assume full responsibility, the insurance company will compensate?
You recognize the full responsibility can not, the insurance company does not recognize the account. You have to negotiate with the traffic police at the scene of the accident to find that you are fully responsible.
The first thing you need to do is to get your hands dirty.
The other party is not responsible for you can also claim its compulsory insurance compensation, but the compensation is relatively small.
The third party liability insurance is more difficult, because at the time of the incident, you were in the car, if you are under the car, you can become a third party. It depends on the agreement you signed with the insurance company.