China has established a basic medical insurance system. When the designated beneficiary suffers from physical illness and injury, if it meets the basic medical insurance drug list, diagnosis and treatment items, medical service facilities standards and emergency and rescue medical expenses, it will be paid by the basic medical insurance fund.
According to the provisions of Article 30 of the Social Insurance Law, the medical expenses under the following circumstances are not included in the payment scope of the basic medical insurance fund:
1. should be paid from the industrial injury insurance fund;
2. Should be borne by a third person;
3. Should be borne by public health;
4. Go abroad for medical treatment.
Medical expenses that should be borne by a third party according to law. If the third party is unable to pay or cannot determine the third party, the basic medical insurance fund will pay in advance. After the basic medical insurance fund pays in advance, it has the right to recover from the third party.
After a road traffic accident causes infringement injury, according to the law, the victim can claim compensation from the driver, the insurance company of the vehicle and other legal compensation obligors, which belongs to the expenses that should be borne by the third party, so it is not included in the payment scope of the basic medical insurance fund. Namely:
Therefore, when traffic accident compensation paid the medical expenses, he could no longer ask for medical insurance.
legal ground
Article 30 of the Social Insurance Law
The following medical expenses are not included in the payment scope of the basic medical insurance fund:
(a) shall be paid by the industrial injury insurance fund;
(2) It shall be borne by a third party;
(three) shall be borne by public health;
(4) Go abroad for medical treatment.
Medical expenses that should be borne by a third party according to law. If the third party is unable to pay or cannot determine the third party, the basic medical insurance fund will pay in advance. After the basic medical insurance fund pays in advance, it has the right to recover from the third party.