Is it reasonable for the other party to take full responsibility for the traffic accident and let us take care of ourselves at our own expense?

When making claims for traffic accidents, insurance companies usually claim that 10-30% of the total medical expenses will not be reimbursed, and the expenses will be shared by the vehicle and the victim in proportion to the accident responsibility, and the insurance company will not make claims. This makes people very angry, especially the owner. When they bought insurance, they made it clear that they had fully reported it. Why did they say no compensation after the accident? !

Lawyer Wu has been engaged in traffic accident cases in Sichuan and Chongqing for a long time. The answer to this question is: self-funded drugs cannot be deducted, and medical expenses insurance companies should bear the full amount.

There is only one reason why insurance companies claim to deduct drugs at their own expense, that is, there is a clause in the insurance contract that "the insurer verifies the medical expenses according to the national basic medical insurance drug list", that is, unilaterally saying that the contract does not belong to the scope of national medical insurance.

Lawyer Wu's reasons for claiming that self-funded drugs cannot be deducted: 1. This clause does not explicitly stipulate that expenses exceeding the national medical insurance will not be settled. This clause is the overlord clause, which is obviously unfair. According to the contract law, this clause is invalid.

In several cases of agency, many courts supported lawyers' views and ordered insurance companies to bear medical expenses in full.

The parties who encounter this problem can contact our lawyer, especially reminding Wu Law that he only accepts consultation and entrustment from Sichuan and Chongqing.

Lawyer Wu, a full-time lawyer of Sichuan Law Firm, is an external teacher of economic law in School of Economics and Management of neijiang normal University, and is familiar with all kinds of difficult problems in traffic accidents.