Road rescue fund is a social special fund raised according to law to advance the funeral expenses of victims in motor vehicle road traffic accidents and part or all of the rescue expenses. The establishment of road rescue fund is to ensure that the victims of road traffic accidents get timely assistance or appropriate compensation. As an emergency relief fund, the social relief fund for road traffic accidents pays part or all of the rescue expenses in advance when the emergency disappears or the injured person has obtained relevant compensation, and its management institution has the right to recover from the person responsible for the traffic accident.
Divided into the following situations:
1. If there is an agreement, it is clear that the fund repayment obligor will repay according to the agreement.
2. There is an agreement that does not specify the repayment obligor. Both parties need to negotiate the repayment of funds. If negotiation fails, the fund management institution will file a lawsuit for recovery.
3. If the judgment of litigation settlement of accident cases reflects the obligor for repayment of funds, the judgment of the court shall prevail.
Legal basis: Article 24 of the Trial Measures for the Management of Social Assistance Funds for Road Traffic Accidents.
The relief fund management institution shall, after paying the rescue expenses and funeral expenses in accordance with these Measures, claim compensation from the person responsible for the motor vehicle road traffic accident according to law.
In the case of Item (3) of Article 12 of these Measures, if the relief fund advances the funeral expenses or part or all of the rescue expenses, after the road traffic accident case is detected, the traffic management department of the public security organ handling the road traffic accident shall promptly notify the relief fund management institution.
The relevant units, the victims or their heirs have the obligation to assist the relief fund management institution in making recovery.