First, who will recover after the road traffic social assistance fund is advanced?

The Law on Road Traffic Accident Safety, which came into effect on May 1 2004, first proposed that if the rescue expenses exceed the liability limit, the social relief fund for road traffic accidents will advance part or all of the rescue expenses, and the management institution of the social relief fund for road traffic accidents will have the right to recover from the person responsible for the traffic accident.

The Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents, which came into effect on July 1 2006, also defined the advance scope, sources of funds and the formulation department of management measures of relief funds.

From June 5438 to 10, 2009, with the approval of the State Council, the Ministry of Finance, the China Insurance Regulatory Commission, the Ministry of Public Security, the Ministry of Health and the Ministry of Agriculture jointly issued the Trial Measures for the Management of Social Assistance Funds for Road Traffic Accidents (Order No.56). The Measures stipulate that the people's governments at the provincial level shall set up relief funds, and the local financial departments shall be responsible for guiding and supervising the collection, use and management of relief funds at the same level. The management system of social assistance fund for road traffic accidents is a supplement to the compulsory insurance system for motor vehicle traffic accidents and a new social security system. The purpose is to ensure that the victims of road traffic accidents can get timely assistance or appropriate compensation through the assistance of the assistance fund when they cannot get compensation according to the compulsory insurance system and the infringer. It fully embodies the concern and help of the state and society for the safety and health of citizens.

Second, the scope of compensation for the rescue fund

According to the provisions of the "Management Measures", under any of the following circumstances, the funeral expenses and part or all of the rescue expenses of the victims of 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:

(a) the cost of rescue exceeds the limit of compulsory insurance liability;

(two) the motor vehicle did not participate in compulsory insurance;

(3) A motor vehicle escapes after an accident;

(four) other circumstances that need assistance, including the inability of the responsible person in traffic accident compensation to compensate, which causes difficulties for the victim's family and really needs assistance. If a traffic accident victim needs a relief fund to pay part or all of the relief expenses, the traffic administrative department of the public security organ shall notify the relief fund manager in writing within three working days, and the traffic accident victim or his close relatives shall submit a relief application to the relief fund manager's acceptance outlet at the place where the accident occurred in time with relevant certification materials. If the identity of the victim cannot be determined or the victim and his close relatives cannot apply for assistance, and the medical institution or funeral institution has paid the medical rescue expenses or the funeral expenses for death, the medical institution or funeral institution may apply for assistance on its behalf. After receiving the application and related materials, the relief fund manager shall, within five working days, review the application according to the relevant provisions of these Measures, the guidelines for clinical diagnosis and treatment of road traffic accident victims and the charging standards formulated by the local price department. In line with the first payment or relief conditions, the relief fund manager will transfer the relevant expenses to the account of the medical funeral institution. Do not meet the conditions for advance payment or assistance, not to advance assistance, and explain the reasons to the applicant.

Three. Sources of Road Relief Fund

According to the Administrative Measures, the sources of relief funds include:

1. The social assistance fund for road traffic accidents is drawn by the insurance company that handles compulsory third-party liability insurance for motor vehicles according to the proportion stipulated by the state (usually 1-5%).

2, traffic accident social assistance fund to extract a part of the fine.

Article 98 of the Road Traffic Safety Law stipulates that if the owner or manager of a motor vehicle fails to take out compulsory motor vehicle third-party liability insurance in accordance with state regulations, the traffic administrative department of the public security organ shall detain the vehicle until it is insured in accordance with the regulations, and impose a fine of twice the insurance premium payable in accordance with the regulations. All the fines paid are included in the social assistance fund for road traffic accidents.

3, other sources, such as motor vehicles to pay the rescue fund fees, donations, etc.

The fund is mainly used to help victims whose expenses exceed the liability of insurance companies, who have not participated in compulsory motor vehicle third-party liability insurance or have escaped after an accident.

The above is Bian Xiao's detailed answer on who will recover the compensation after paying the road traffic social assistance fund. The medical expenses paid in advance can be paid in advance by myself or the main undertaker of this traffic accident and returned, so it is necessary to know the relevant laws and regulations. If you have any other questions, please consult a professional lawyer on the Find Law website.

Legal objectivity:

Road traffic safety law

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.