According to the Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents:
Thirtieth the insured and the insurance company compensation disputes, you can apply for arbitration or bring a lawsuit to the people's court according to law.
Article 31 An insurance company may directly compensate the insured or the victim. However, if the insurance company needs to pay or advance the rescue expenses for rescuing the injured, the insurance company shall pay or advance the rescue expenses to the medical institution in time after receiving the notice from the traffic management department of the public security organ.
If the rescue fund management institution needs to pay the rescue expenses for rescuing the injured, after receiving the notice from the traffic management department of the public security organ, the rescue fund management institution shall pay the rescue expenses to the medical institution in time after verification.
Extended data:
I. Medical expenses
(Registration fee, medical fee, inspection fee, hospitalization fee, others)
The medical expenses are determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity of treatment, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
Second, the road traffic accident personal injury compensation standard
The compensation provided by the compensation obligor (injurer, insurance company) to the victim in traffic accidents mainly includes medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses;
If the victim is disabled due to injury, the compensation obligor shall also pay disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment;
If the victim dies, it shall also compensate the funeral expenses, living expenses of the dependents, death compensation, and other reasonable expenses such as transportation, accommodation and lost time paid by the relatives of the victim for the funeral. If the victim or a close relative of the deceased suffers mental damage, the obligee shall request compensation for mental damage from the people's court.
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