The perpetrator and the insurance company can be sued. The other party is solely responsible and should compensate for the property and personal damage caused by the traffic accident. You can ask the other party for compensation. If the other party does not compensate, the other party's insurance company is obliged to compensate you directly within the scope of compulsory traffic insurance.
If the car owner knows that the perpetrator is drinking and still lends the vehicle, he will be jointly and severally liable according to the provisions of the Tort Liability Law.
"Tort Liability Law"
Article 2 Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this law.
The civil rights and interests referred to in this law include the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufruct rights, and guarantees Personal and property rights such as property rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights, etc.
Article 3 The infringed party has the right to request the infringer to bear infringement liability.
Article 6: An actor who infringes upon the civil rights and interests of others due to fault shall bear tort liability.
According to legal provisions, it is presumed that the actor is at fault. If the actor cannot prove that he is not at fault, he shall bear tort liability.
Article 7 If an actor damages the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law stipulates that he should bear tort liability, such provisions shall apply.
Article 9 Whoever instigates or helps others to commit infringements shall bear joint and several liability with the perpetrator.
Article 15 The main ways to bear infringement liability include:
(1) Stop the infringement;
(2) Eliminate obstruction;
(3) Eliminate danger;
(4) Return property;
(5) Restoration to original condition;
(6) Compensate for losses;
(7) Apologize;
(8) Eliminate the impact and restore reputation.
The above methods of bearing infringement liability can be applied individually or in combination.
Article 16 Whoever infringes upon others and causes personal damage shall be compensated for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the loss of income due to missed work. If disability is caused, compensation for disability living aids and disability compensation shall also be provided. If death is caused, funeral expenses and death compensation should also be compensated.
Article 20: If the personal rights and interests of others are infringed upon and property losses are caused, compensation shall be based on the losses suffered by the infringed party; if the losses of the infringed party are difficult to determine and the infringer obtains benefits as a result, compensation shall be based on the benefits obtained by the infringed party. Compensation; if the benefits obtained by the infringer are difficult to determine, and the infringer and the infringer disagree on the amount of compensation and file a lawsuit with the People's Court, the People's Court shall determine the amount of compensation based on the actual situation.
Article 48 If a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the relevant provisions of the Road Traffic Safety Law.
Article 49 If the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and a traffic accident occurs that is the party's responsibility, the insurance company shall provide compulsory insurance for the motor vehicle. Compensation shall be made within the limit of liability. For any shortfall, the user of the motor vehicle shall bear the liability for compensation; if the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.
"Compulsory Insurance Clauses for Motor Vehicle Traffic Accident Liability"
Article 9 If an insured motor vehicle is involved in a traffic accident under one of the circumstances (1) to (4) of this article, causing If the victim is injured and needs rescue, the insurer shall, after receiving a written notice from the traffic management department of the public security organ and a list of rescue expenses issued by the medical institution, follow the guidelines for clinical diagnosis and treatment of trauma in traffic accidents and the national basic medical insurance organized by the health authority of the State Council. standards for verification. For rescue expenses that comply with regulations, the insurance company will advance payment within the medical expense compensation limit. If the insured is not responsible for the traffic accident, the insurer will advance the medical expenses within the limit of compensation for the non-responsible medical expenses. For other losses and expenses, the insurer is not responsible for advance payment and compensation.
(1) The driver is not qualified to drive;
(2) The driver is drunk;
(3) The insured motor vehicle is stolen or robbed An accident occurs during the period;
(4) The insured intentionally causes a traffic accident.
For the rescue expenses advanced, the insurance company has the right to recover compensation from the person who caused the injury.