The big truck was not seriously damaged, but Mr. Xiao's Jetta was seriously damaged, and it cost tens of thousands of yuan to repair the car. After the traffic team investigates the scene, it is determined that both parties are equally responsible. Since the truck driver and Mr. Xiao live in the same village, both parties know that, considering that their cars are also insured against vehicle loss insurance, when the traffic team mediates, Mr. Xiao and the truck driver reach a mediation agreement, "repair their cars separately and not pursue each other". When Mr. Xiao applied to the insurance company for compensation, the insurance company told Mr. Xiao that the insurance company could only compensate Mr. Xiao for 50% of the repair cost because both parties had equal responsibilities. Mr. Xiao believes that since he has insured the vehicle loss insurance, the insurance company should compensate him in full, and then the insurance company will recover from the truck driver. To this end, Mr. Xiao asked the newspaper's traffic accident hotline whether the insurance company should compensate all its losses. Sun Yong, a lawyer of Shouxin Law Firm, said that Mr. Xiao can only get 50% of the car repair fee from the insurance company. Because the first paragraph of Article 46 of the Insurance Law stipulates that "the insurer shall not be liable for compensation if the insured gives up the right to claim compensation from a third party after the insurance accident and before the insurer pays the insurance money." In this case, because both parties bear equal responsibilities, the truck driver should compensate Mr. Xiao for 50% of the repair costs. Before the insurance company compensated the insurance money, Mr. Xiao gave up the right to claim compensation from the truck driver without the consent of the insurance company, which led to the insurance company losing the right to claim compensation from the truck driver. Therefore, according to the first paragraph of Article 46 of the Insurance Law, the insurance company may refuse to pay compensation for Mr. Xiao's waiver of claim rights. The insurance company only needs to compensate Mr. Xiao for 50% of the repair cost.