According to the provisions of Article 22 of the Regulations on Compulsory Motor Vehicle Insurance:
An insurance company shall pay the rescue expenses in advance within the limit of compulsory liability insurance for motor vehicle traffic accidents, and shall have the right to recover from the victims:
(a) the driver has not obtained the driving qualification or is drunk;
In the event of a road traffic accident, which causes property losses to the victim, the insurance company shall not be liable for compensation.
When the driver of an accident is drunk driving a motor vehicle, the insurance company only bears the responsibility of first payment within the limit of medical expenses, and can also recover from the perpetrator, and is not responsible for first payment and compensation for other losses and expenses. In other words, the insurance company only exempts the victim from the loss of tangible property, and still pays the victim's personal injury within the scope of compulsory insurance, but has the right to recover from the offender.
Extended data:
compensate
Article 21 If a road traffic accident happens to an insured motor vehicle, resulting in personal injury or property loss to the victims other than those on board and the insured, the insurance company shall compensate the insured within the limits of compulsory motor vehicle traffic accident liability insurance according to law.
The loss caused by the road traffic accident is intentionally caused by the victim, and the insurance company will not compensate.
Article 22 Under any of the following circumstances, an insurance company shall pay the rescue expenses in advance within the liability limit of compulsory motor vehicle traffic accident liability insurance, and have the right to recover from the victims:
(a) the driver has not obtained the driving qualification or is drunk;
(2) The insured motor vehicle was stolen during the accident;
(3) The insured intentionally creates a road traffic accident.
Under any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs and property losses are caused to the victim, the insurance company shall not be liable for compensation.
Twenty-third motor vehicle traffic accident liability compulsory insurance to implement a unified national liability limit. The liability limits are divided into death and disability compensation limits, medical expenses compensation limits, property loss compensation limits and compensation limits for which the insured is not liable in road traffic accidents.
The liability limit of compulsory motor vehicle traffic accident liability insurance shall be stipulated by the China Insurance Regulatory Commission jointly with the public security department of the State Council, the health department of the State Council and the agricultural department of the State Council.
Article 24 The State establishes a social relief fund for road traffic accidents (hereinafter referred to as the relief fund). 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 relief fund, and the relief fund management institution shall have the right to recover from the persons responsible for road traffic accidents:
(a) the cost of rescue exceeds the liability limit of compulsory insurance for motor vehicle traffic accidents;
(two) the motor vehicle did not participate in the compulsory insurance of motor vehicle traffic accident liability;
(3) A motor vehicle escapes after an accident.
Twenty-fifth sources of relief funds include:
(a) according to a certain proportion of motor vehicle traffic accident liability compulsory insurance premium funds;
(two) the motor vehicle owner or manager fails to take out compulsory motor vehicle traffic accident liability insurance in accordance with the regulations;
(three) the funds recovered by the relief fund management institution from the person responsible for the road traffic accident according to law;
(four) the fruits of the relief fund;
(5) Other funds.
Twenty-sixth specific measures for the administration of relief funds shall be formulated by the financial department of the State Council in conjunction with the China Insurance Regulatory Commission, the public security department of the State Council, the Ministry of Health of the State Council and the agricultural department of the State Council for trial implementation.
Article 27 If an insured motor vehicle has a road traffic accident and the insured or the victim notifies the insurance company, the insurance company shall give an immediate reply and inform the insured or the victim of the specific compensation procedures and other related matters.
Article 28 If an insured motor vehicle has a road traffic accident, the insured shall apply to the insurance company for compensation. The insurance company shall, within 1 day from the date of receiving the application for compensation, inform the insured in writing of the certificates and materials related to compensation that need to be provided to the insurance company.
Article 29 An insurance company shall, within 5 days from the date of receiving the certificates and materials provided by the insured, verify whether it belongs to the insurance liability, and notify the insured of the result; If it does not belong to the insurance liability, it shall explain the reasons in writing; For the insured, the insurance premium shall be compensated within 10 days after reaching an agreement with the insured.
Thirtieth the insured and the insurance company compensation disputes, you can apply for arbitration or bring a lawsuit to the people's court according to law.
Article 31 An insurance company may directly compensate the insured or the victim. However, if the insurance company needs to pay or advance the rescue expenses for rescuing the injured, the insurance company shall pay or advance the rescue expenses to the medical institution in time after receiving the notice from the traffic management department of the public security organ.
If the rescue fund management institution needs to pay the rescue expenses for rescuing the injured, after receiving the notice from the traffic management department of the public security organ, the rescue fund management institution shall pay the rescue expenses to the medical institution in time after verification.
Thirty-second medical institutions should refer to the relevant clinical diagnosis and treatment guidelines formulated by the health authorities in the State Council to rescue and treat the injured in road traffic accidents.
Article 33 Where an insurance company compensates insurance money or advances rescue expenses, and the rescue fund management institution advances rescue expenses, it shall verify the relevant information with the relevant departments and medical institutions, and the relevant departments and medical institutions shall cooperate.
Article 34 The staff of insurance companies and rescue fund management institutions shall keep the personal privacy of the parties concerned.
Thirty-fifth road traffic accident damage compensation items and standards in accordance with the provisions of relevant laws.
References:
Baidu Encyclopedia-Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents