According to Article 16 of the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Road Traffic Accident Damage Compensation Cases, if a motor vehicle insured with compulsory motor vehicle third-party liability insurance (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party liability insurance") is involved in a traffic accident, the people's court shall determine the liability for compensation in accordance with the following rules:
(1) An insurance company that underwrites compulsory insurance shall make compensation in advance within the limit of liability;
(two) the insufficient part shall be compensated by the insurance company that underwrites the commercial third party insurance according to the insurance contract;
(3) If there are still deficiencies, the infringer shall make compensation in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law.
If the infringer or his near relatives request the insurance company that underwrites compulsory insurance to give priority to compensation for mental damage, the people's court shall support it.
Extended data:
"Procedures for Handling Road Traffic Accidents" Article 91 The traffic police shall mediate the compensation for road traffic accidents according to the following procedures:
(1) Informing the parties of their rights and obligations;
(two) to listen to the requests and reasons of the parties;
(three) according to the facts identified in the road traffic accident certificate and the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China, determine the liability of the parties for damages;
(4) Calculate the amount of damages and determine the proportion borne by each party. The standards for personal injury compensation shall be implemented in accordance with the Tort Liability Law of People's Republic of China (PRC), the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases and the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Road Traffic Accident Compensation Cases. The repair cost and discount compensation cost of property losses shall be calculated according to the actual value or the appraisal conclusion of the appraisal institution;
(five) determine the way and time limit for the performance of compensation.
Article 92 If disability assessment and property loss assessment are necessary for determining the amount of damages, the parties concerned shall determine a qualified institution through consultation, but if the amount of property loss is huge and suspected of criminal offence, it shall be entrusted by the traffic management department of the public security organ. The expenses for disability appraisal and property loss assessment entrusted by the parties concerned shall be borne by the parties concerned.
Baidu Encyclopedia —— Some Issues on the Applicable Law in the Trial of Road Traffic Accident Damage Compensation Cases