Article 21 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases provides detailed provisions on this issue.
Its core content mainly includes the following three points: (1) If a traffic accident involving multiple motor vehicles causes damage to a third party, and the loss exceeds the sum of the liability limits of each motor vehicle's compulsory traffic insurance, each insurance company shall bear the liability for compensation within the scope of their respective liability limits.
; The loss does not exceed the sum of the liability limits of each motor vehicle’s compulsory traffic insurance, and each insurance company shall bear compensation in proportion to its liability limit and the sum of its liability limits; (2) A traffic accident occurs when a tractor and a trailer that are separately insured for compulsory traffic insurance in accordance with the law are used in conjunction, resulting in the third
In the event of damage to three persons, each insurance company shall compensate equally within the scope of their respective liability limits; (3) If a traffic accident involving multiple motor vehicles causes damage to a third party, and some of the motor vehicles are not insured with compulsory traffic insurance, the insurance company that has insured compulsory traffic insurance shall be compensated equally.
If compensation is made within the limit of liability, the insurance company may exercise the right of recourse against the uninsured obligor or tortfeasor for the portion that exceeds its liability.
At the same time, if the traffic accident relief fund has advanced medical expenses, the insurance company can claim to deduct the amount of compensation paid by the road rescue fund.
1. What is the scope of compensation for compulsory traffic insurance?
1. According to the relevant person in charge of the China Insurance Regulatory Commission, determining the limit of compensation liability is mainly based on the following considerations: 1. Meeting the basic protection needs of traffic accident victims.
[1] 2. Compatible with the development level of the national economy and the payment ability of consumers.
3. Refer to the relevant regulations on compensation standards in other domestic industries and some regions.
Liability limit of compulsory insurance for motor vehicle traffic accident liability (before February 1, 2008) 2. Compensation limit for motor vehicles responsible for road traffic accidents ◆ Death and disability compensation limit: 50,000 yuan ◆ Medical expense compensation limit: 8,000 yuan
◆ Compensation limit for property loss: RMB 2,000 ◆ Compensation limit for motor vehicles not responsible for road traffic accidents ◆ Compensation limit for death and disability: RMB 10,000 RMB ◆ Compensation limit for medical expenses: RMB 1,600 RMB ◆ Compensation limit for property loss: RMB 400
Liability limit of RMB compulsory motor vehicle traffic accident liability insurance (after February 1, 2008) 4. Compensation limit for motor vehicles responsible for road traffic accidents ◆ Death and disability compensation limit: 110,000 yuan ◆ Medical expense compensation limit: 10,000 yuan
RMB ◆ Property loss compensation limit: 2,000 RMB 5. Compensation limit for motor vehicles not responsible for road traffic accidents ◆ Death and disability compensation limit: 11,000 RMB ◆ Medical expense compensation limit: 1,000 RMB ◆ Property loss compensation limit: 100
RMB death and disability compensation limit: refers to the maximum compensation amount that the insurer will bear for the death and disability expenses of all victims in each insured accident when a traffic accident occurs to an insured motor vehicle.
Death and disability expenses include funeral expenses, death compensation expenses, transportation expenses for funeral matters paid by relatives of the victim, disability compensation, disability assistive device expenses, nursing expenses, rehabilitation expenses, transportation expenses, living expenses for dependents, accommodation expenses, and missed work
The insured shall bear the mental damage consolation payment in accordance with the court judgment or mediation.
Medical Expense Compensation Limit: Refers to the maximum compensation amount that the insurer will bear for the medical expenses of all victims in each insured accident when a traffic accident occurs to an insured motor vehicle.
Medical expenses include medical fees, diagnosis and treatment fees, hospitalization fees, hospitalization food subsidies, necessary and reasonable follow-up treatment fees, plastic surgery fees, and nutrition fees.
Property loss compensation limit: refers to the maximum compensation amount that the insurer will bear for the property losses of all victims in each insured accident when a traffic accident occurs to an insured motor vehicle.
Based on what has been said above, if a multi-vehicle collision occurs, you can apply for compulsory traffic insurance compensation, but compulsory traffic insurance generally still has to compensate according to the responsibilities divided by the traffic police. Therefore, as a car owner, you must know how to compensate for multi-vehicle collisions in traffic accidents.
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