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Is the owner fully responsible for paying medical expenses to the injured

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Source: Legal Chart Compilation · 2024.06.27 · 1038 people have seen it
Guide: In a traffic accident, if the driver accidentally injures others and the owner is fully responsible, although the law does not force the owner to pay medical fees, it is usually borne by the car insurance company. If the injured person is seriously ill, the owner can advance some or all of the expenses. However, generally speaking, it is not recommended that car owners pay the medical fees immediately after the accident to avoid unnecessary trouble.
 Is the owner fully responsible for paying medical expenses to the injured

1、 Is the owner fully responsible for paying medical expenses to the injured

If the driver accidentally hits others and is fully responsible, the owner can choose whether to bear the medical expenses.

relevant statute There is no mandatory provision on this behavior of the vehicle owner, and the vehicle owner has the right to make independent decisions.

Generally speaking, in the traffic accident It should be paid by the car insurance company insured by the owner of the insurance medical expense

However, in case of special circumstances, that is, the injured person is seriously ill, the owner can also advance some or all of the medical expenses required.

However, on the whole, we do not recommend paying medical expenses in advance immediately after bumping someone down.

Motor Vehicles liabilities for traffic accident Article 31 of the Regulations on Compulsory Insurance: An insurance company may compensate for the insurance benefits to the insured or directly compensate for the insurance benefits to 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 a timely manner after verification after receiving the notice from the traffic management department of the public security organ. If the rescue fund management institution needs to advance the rescue expenses for rescuing the injured, the rescue fund management institution shall, after receiving the notice from the traffic management department of the public security organ, timely advance the rescue expenses to the medical institution after verification.

2、 What are the consequences of the owner not paying the medical expenses in advance

In the event that the owner of the vehicle is fully responsible for the accident, the emergency center or hospital must immediately carry out effective rescue operations on the premise that no other vehicle owner is the first to pay the medical expenses in advance. It is not allowed to delay rescue in any form due to the failure to pay the expenses required for treatment in time.

If the vehicle involved in the accident has legal compulsory third party liability insurance for motor vehicles, the insurance company shall pay all necessary first aid expenses according to the upper limit of relevant liability.

Article 75 of Road Traffic Safety Law

The medical institution shall rescue the injured in the traffic accident in a timely manner, and shall not delay the rescue because the rescue expenses are not paid in time. If the vehicle involved in the accident participates in the compulsory third party liability insurance for motor vehicles, the insurance company shall pay the rescue expenses within the limit of liability; If the rescue expenses exceed the limit of liability, if the vehicle fails to participate in the compulsory third party liability insurance or escapes after the accident, the social assistance fund for road traffic accidents shall advance part or all of the rescue expenses, and the administrative agency of the social assistance fund for road traffic accidents shall have the right to claim compensation from the person responsible for the traffic accident.

Law is a universal constraint, which not only protects our rights and interests, but also regulates our behavior. Each of us should fully understand and understand the law in order to better protect our rights and better live in this society ruled by law. As the title of this article raises the question, "Is the owner fully responsible for paying medical expenses to the injured?" The study and understanding of law is a long-term task, which needs our constant efforts and exploration. We should cherish this process and regard it as an opportunity for self-improvement so as to better adapt to social development and change.

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  • In a traffic accident, if the driver accidentally injures others and the owner is fully responsible, although the law does not force the owner to pay medical fees, it is usually borne by the car insurance company. If the injured person is seriously ill, the owner can advance some or all of the expenses. However, generally speaking, it is not recommended that car owners pay the medical fees immediately after the accident to avoid unnecessary trouble.
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  • The party causing the traffic accident should pay medical expenses. If the party causing the accident does not pay, it can pay the medical expenses on its own first, and then ask the other party to compensate for the medical expenses and other compensation through litigation and other methods. Under any of the following circumstances, the insurance company shall advance the rescue expenses within the liability limit of the compulsory motor vehicle traffic accident liability insurance and have the right to claim compensation from the perpetrator.
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  • In traffic accidents, the responsibility for advance payment of medical expenses is usually borne by the responsible party. If the responsibility lies solely with the other party, its insurance company may advance payment or the responsible party may advance payment. If the responsibility is not clear, both parties can settle it through negotiation, or the party concerned can make advance payment first and then recover it through legal means. If the responsible party has vehicle insurance, it can contact the insurance company to claim for compensation. The specific operations include reporting to the traffic police and insurance companies, conducting on-site investigation and loss assessment, and submitting claims applications and necessary documents. The required documents include claim application, insurance contract, identity document, accident certificate, negotiation record, medical certificate and expense document.
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  • The law of our country does not stipulate that the perpetrator has the obligation to advance medical expenses, but the insurance company has this obligation. In addition, if the motor vehicle is unknown, the motor vehicle does not participate in compulsory insurance, or the rescue expenses exceed the liability limit of the motor vehicle compulsory insurance, and it is necessary to pay the rescue and funeral expenses of the infringed person, the social assistance fund for road traffic accidents shall be paid in advance. After the social assistance fund for road traffic accidents has been paid in advance, its management organ has the right to claim compensation from the person responsible for the traffic accident.
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  • The money is expected to be repaid. The medical expenses paid in advance for traffic accidents can be recovered from the insurance company. According to the law, the insurance company shall compensate within the limit of compulsory traffic insurance. The fully responsible party can only claim compensation within its scope of responsibility. In all cases, the fully responsible party is not required to advance medical expenses, and the responsible person has no automatic payment obligation. If the mediation of the traffic police fails, the injured party may apply for property preservation to restrict the use of the other party's property and force the payment of medical expenses.
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