Wukong was driving normally and suddenly found a traffic accident between Bajie and Friar Sand ahead. Seeing Bajie flying to himself from 10 meters away, he couldn't escape. Finally, Bajie brushed Wukong gently and lay quietly on the road. Fortunately, although Wukong became a party to the accident, he was not responsible; Unfortunately, Wukong didn't pay the compulsory insurance! Next, Wukong will do the following things:
1 Buy compulsory insurance;
Accept an administrative fine of 2 times the amount of compulsory insurance;
Within the deductible limit of compulsory insurance, bear the compensation not exceeding 12 100 yuan at your own expense.
If Wukong is responsible for this accident, such as general damage caused by improper operation, Wukong shall bear compensation of no more than 122000 yuan at his own expense within the compensation limit of compulsory insurance.
If Bajie is seriously injured or goes to see the Tathagata in advance, and the loss amount is large, then Wukong will pay compensation according to his own proportion of responsibility for the accident after paying 122000 yuan at his own expense.
There is another situation. If the owner is Tang Yan (the insurer of the compulsory traffic insurance) and Wukong is only the driver, then the losses of Bajie should be jointly and severally liable by Tang Yan and Wukong (joint liability means that whoever has money will compensate Bajie first, and how to determine their respective proportions after compensation, another point. For example, if Wukong escapes, the Tang Priest will have to pay for it first, so can we find Wukong?
After talking about the compensation standard, let's talk about under what circumstances, that is, exemption.
Compulsory insurance is a national statutory insurance with quasi-social nature, so compared with commercial insurance, there are relatively few restrictions (exemptions) on compensation.
1 Traffic accident losses intentionally caused by the victim (for example, the other party committed suicide by touching porcelain). );
All the property losses of the insured and the property losses on the insured motor vehicle. );
3. The traffic accident of the insured motor vehicle causes the victim to stop business, stop driving, cut off power, water, gas, production, communication or network interruption, data loss, voltage change, and other indirect losses caused by the depreciation of the victim's property due to market price changes and losses caused by the reduction of the value after repair.
(Summary and extension of this article: Compulsory traffic insurance does not compensate for indirect losses, but the person responsible for the accident must bear the liability for compensation for indirect losses. In real life, many people confuse the compensation relationship between the parties. For example, Wukong's accident liability and compensation for Bajie are based on the legal relationship of tort liability between Wukong and Bajie, while Wukong's insurance company's compensation for Wukong or Bajie is based on the contractual legal relationship between Wukong and the insurance company, so whether the insurance company compensates or not does not affect Wukong's compensation for Bajie. Wukong can't say to Bajie, "Brother, the insurance company won't compensate me, and I won't compensate you." For example, the insurance company clearly does not compensate for the loss of vehicle depreciation, but if Bajie proves successful, Wukong must compensate at his own expense; For example, an accident in Wukong led to the closure of Tiangong for one month. As long as the Jade Emperor proves successful, the insurance company will not pay, Wukong will pay, and he may also bear criminal responsibility. Wuzhishan will be suppressed for another 500 years. )
Arbitration or litigation expenses and other related expenses due to traffic accidents.
In addition to the four cases of no compensation, there are four special cases:
1 The driver has not obtained the driving qualification; (note that it is not undocumented. )
2 the driver is drunk;
3. The insured motor vehicle causes an accident in the process of theft or robbery;
The insured intentionally caused a traffic accident.
If the above four situations cause the victim to need rescue, the insurance company will advance the rescue expenses within the compensation limit, but then it has the right to recover from the injurer, which fully embodies the essence of compulsory insurance to protect the interests of the third party.
After understanding the main points of the above compulsory insurance contract, let's take a look at some matters needing attention in practice:
1 Many people call their insurance company when they have an accident, but they don't know the phone number, especially when driving someone else's motor vehicle, or even which insurance company it is. Then you won't have to call around asking questions. You can see the insurance company name, service phone number, policy number and other effective information on the back of the compulsory insurance label. Just follow the prompts after dialing.
Except for four cases of advance payment and recovery, if the insurance company needs to pay the rescue expenses for rescuing the victims, the insurance company will directly transfer the rescue expenses into the hospital account within the limit of compulsory insurance medical expenses (10000 yuan) after the traffic police issue a written notice and the hospital issues a list of rescue expenses, and the insurance company will settle the expenses together with the payment. Many people say that they have never enjoyed this service for three reasons:
(1) I don't know, the traffic police didn't remind me, and the insurance company played dumb;
(2) Injury does not belong to the rescue category, such as skin abrasion or soft tissue contusion;
(3) The perpetrators have deep pockets, and they should pay 6,543,800 yuan in advance before admission. Naturally, there is no need for insurance companies to join in the fun.
Regarding compensation for mental damage, not all accidents will produce this compensation item. Generally, after the injury constitutes disability or the party dies, different compensation standards for mental damage will be determined according to the level of disability or death. In addition to disability, some special circumstances will also be supported. For example, an accident caused a goddess to be injured in the face. Although it does not constitute a disability, it left a scar, and her spirit must have been hit hard. She should get some compensation for mental damage. In the motor vehicle commercial three-party insurance, it is clear that mental damage will not be compensated, which requires a compensation skill, that is, the obligee needs to give priority to paying mental damage in compulsory insurance during the litigation process, that is, effectively adjust the payment order to obtain more compensation. This is recognized by courts all over the country, and it is also one of the common means used by lawyers, but if you rely on the insurance company to help you deal with it, he will never tell you.
4. In terms of the payment methods of compulsory insurance and commercial three-way insurance, the principle of paying compulsory insurance first and then commercial three-way insurance, dealing with traffic accidents efficiently, clarifying the compensation relationship between the two parties to the accident, and budgeting their respective compensation amounts and available insurance compensation amounts are the basis of all negotiations.