Legal analysis: advance payment within the scope of compulsory insurance.
In practice, insurance companies often pay medical expenses for victims in advance within the compensation limit of compulsory insurance medical expenses. In view of this situation, if the final compensation amount (assuming that there is no property loss) exceeds compulsory insurance, it should be noted that when calculating the "insufficient part after compulsory insurance compensation", it needs to be deducted from 12, yuan instead of 11, yuan, and the final liability of the insurance company is 11, yuan, because the insurance company. How much the insurance company advances to the victim in the compulsory insurance is how much it needs to be deducted when calculating the "insufficient part after the compulsory insurance compensation", and the insurance company's final liability for compulsory insurance is the balance within the compulsory insurance limit.
Legal basis: Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance
Article 21 If a road traffic accident of an insured motor vehicle causes personal injury, death or property loss to the victims other than the vehicle personnel and the insured, the insurance company shall make compensation within the limits of the compulsory motor vehicle traffic accident liability insurance according to law. The loss of road traffic accidents is caused by the victim intentionally, and the insurance company will not compensate.
Article 22 Under any of the following circumstances, the insurance company shall pay the rescue expenses in advance within the limits of the compulsory insurance liability for motor vehicle traffic accidents, and shall have the right to recover from the perpetrators: (1) The driver has not obtained the driving qualification or is drunk; (two) the insured motor vehicle was stolen during the accident; (3) The insured intentionally creates a road traffic accident. Under any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, causing property losses to the victim, the insurance company shall not be liable for compensation.
article 24 the state establishes a social relief fund for road traffic accidents (hereinafter referred to as the relief fund). Under any of the following circumstances, the funeral expenses and part or all of the rescue expenses of the victims in road traffic accidents shall be paid in advance by the rescue fund, and the rescue fund management institution shall have the right to recover from the person responsible for road traffic accidents: (1) The rescue expenses exceed the liability limit of compulsory insurance for motor vehicle traffic accidents; (two) the motor vehicle did not participate in the compulsory insurance of motor vehicle traffic accident liability; (3) A motor vehicle escapes after an accident.