Legal analysis: After a traffic accident or a major accident, if a third person fails to pay or cannot identify the third person, in order to enable the patient to receive timely treatment, the medical expenses shall be paid by the basic medical insurance fund first. However, if the damage is caused by the third person, the basic medical fund has the right to recover from the third person after making advance payment.

Legal basis: Article 3 of the Social Insurance Law of the People's Republic of China, the following medical expenses are not included in the payment scope of the basic medical insurance fund: (1) those that should be paid from the industrial injury insurance fund; (2) It shall be borne by a third party; (three) shall be borne by the public health; (4) seeking medical treatment abroad. Medical expenses shall be borne by the third party according to law. If the third party fails to pay or cannot determine the third party, the basic medical insurance fund shall pay in advance. After the basic medical insurance fund has paid in advance, it has the right to recover from the third party.