Will compulsory traffic insurance compensate you after a traffic accident?

1. Article 22 of the "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accident Liability" stipulates all the situations in which insurance companies have the right to recover, including only three situations: (1) The driver has not obtained the driving qualification or is drunk

(2) The insured motor vehicle causes an accident while being stolen or robbed; (3) The insured intentionally causes a road traffic accident.

Therefore, judging from the content of the provisions, it does not include the situation of escaping after a traffic accident.

2. Article 1216 of the Civil Code stipulates: “If the driver of a motor vehicle escapes after a traffic accident and the motor vehicle is covered by compulsory insurance, the insurance company shall compensate him within the liability limit of the compulsory motor vehicle insurance.

If the motor vehicle is unknown or the motor vehicle is not covered by compulsory insurance, and it is necessary to pay for the rescue, funeral, etc. of the infringed person's personal injury or death, the road traffic accident social assistance fund shall advance the payment, and its management agency shall have the following:

It can be seen from this provision that when a motor vehicle driver escapes after a traffic accident, the law directly stipulates the liability of insurance companies for motor vehicles covered by compulsory insurance, and

It does not stipulate that the insurance company has the right to recover compensation from the motor vehicle driver in the case of compensation from the insurance company.

This article also stipulates the right of recovery of the road traffic accident social assistance fund management agency. Therefore, judging from the overall content of the article, the law provides for the situation of escape after a traffic accident between the insurance company and the road traffic accident social assistance fund management agency.

different obligations.

The insurance company shall compensate, while the road traffic accident social assistance fund management agency shall advance and recover compensation.

3. From the perspective of the insurance contract, a legal and effective compulsory traffic accident liability insurance contract relationship has been established between Tianping Insurance Suzhou Company and Wang Moumou.

Since Tianping Insurance Suzhou Company has collected premiums in accordance with the provisions of the compulsory insurance contract, in the absence of the exemption clause stipulated in the compulsory insurance contract, the insurance company shall bear the liability for insurance compensation in accordance with the agreement.

If the insurance contract does not stipulate the right of recourse, the insurance company cannot obtain the agreed basis for recourse.

To sum up, if a motor vehicle driver escapes after a traffic accident, and the insurance company assumes liability for compensation, it has no basis for the right to recover, either in terms of legal provisions or contractual provisions.

At the same time, drivers must strictly abide by traffic regulations while driving, call the police promptly after a traffic accident, and do not take chances and think that they can escape legal sanctions.