1, the insurance company can first apply for payment of medical expenses within the scope of compulsory insurance 1 10,000 yuan;

2. Commercial insurance, if any, shall be borne by commercial insurance;

3. Apply for social assistance fund for road traffic accidents.

What about traffic accident compensation?

1, traffic department site investigation, the traffic police department shall, after reviewing the site investigation records, require the parties or witnesses to sign the site map. During the inspection, the relevant certificates of the accident vehicle and the parties concerned may be detained;

2, the traffic department traffic accident responsibility identification, the traffic police department after investigation, should be based on the behavior of the parties to the traffic accident and the severity of the fault, to determine the responsibility of the parties;

3. The transportation department organizes compensation mediation. After confirming the end of the treatment of the injured or determining the damage result, if the parties to the accident agree to conduct compensation mediation, the traffic police department may organize mediation. Generally, the number of mediations shall not exceed 2. If mediation fails, fill in the mediation termination letter and inform the parties to bring a lawsuit to the people's court within the statutory limitation period, or bring a lawsuit directly to the people's court without applying for mediation;

4. Bring a lawsuit to the people's court, entrust a lawyer or bring a lawsuit to the people's court on its own, usually in the grassroots people's court where the accident occurred. During the court hearing, the parties may mediate under the auspices of the court and reach a mediation agreement. If mediation fails, the court will make a judgment according to law.

Legal basis: Article 17 of the Road Traffic Safety Law of the People's Republic of China

The state implements a compulsory motor vehicle third-party liability insurance system and establishes a social assistance fund for road traffic accidents. Specific measures shall be formulated by the State Council.

Article 75

Medical institutions shall promptly rescue the injured in traffic accidents, and shall not delay the treatment because the rescue expenses are not paid in time. If the vehicle involved in the accident participates in compulsory motor vehicle third-party liability insurance, the insurance company shall pay the rescue expenses within the liability limit; Rescue expenses exceed the liability limit, and did not participate in compulsory motor vehicle third-party liability insurance or escape after the accident, the road traffic accident social assistance fund shall advance part or all of the rescue expenses, and the road traffic accident social assistance fund management institution has the right to recover from the person responsible for the traffic accident.