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Do I still have to pay back the national car accident assistance fund?

The road traffic accident relief fund does not require victims to pay back. The relief fund is a new system stipulated in Article 17 of the Road Traffic Safety Law. This system is a supplement to the compulsory motor vehicle traffic accident liability insurance (hereinafter referred to as "compulsory traffic insurance") system. It aims to ensure that when the victims of road traffic accidents cannot obtain compensation according to the compulsory traffic insurance system and the tortfeasors, they can obtain compensation through the rescue fund. Provide timely rescue or appropriate compensation.

Legal basis:

Article 1179 of the "People's Republic of China and Civil Code" who infringes upon others and causes personal injury shall compensate for medical expenses and nursing expenses , transportation expenses, nutrition expenses, hospitalization food subsidies and other reasonable expenses for treatment and recovery, as well as income reduced due to missed work.

If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.

Article 133 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person or causing heavy losses to public or private property, shall be punished A person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; a person who escapes after a traffic accident or has other particularly serious circumstances shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years; and a person who causes death due to escape shall be sentenced to a fixed-term imprisonment of not less than seven years.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents"

Article 2 Anyone who causes a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years Or criminal detention:

(1) One person dies or three or more people are seriously injured, and he is fully or mainly responsible for the accident;

(2) Three or more people die, and he is equally responsible for the accident;

(3) Causing direct losses to public property or other people’s property, bearing full or major responsibility for the accident, and being unable to compensate for an amount exceeding 300,000 yuan.

If a traffic accident causes serious injuries to one or more people, who is fully or mainly responsible for the accident, and falls under any of the following circumstances, he shall be convicted and punished for the crime of traffic accident:

(1) After drinking or taking drugs Driving a motor vehicle while under the influence of drugs;

(2) Driving a motor vehicle without driving qualifications;

(3) Driving a motor vehicle knowing that it has incomplete safety devices or malfunctioning safety parts

(4) Driving knowingly that it is an unlicensed or scrapped motor vehicle;

(5) Driving with a serious overload;

( 6) Fleeing the scene of the accident in order to avoid legal prosecution.