If the car owner has purchased compulsory traffic insurance and commercial insurance, he can directly claim compensation from the insurance company. If the insurance company does not compensate, or the compensation fails to meet the requirements of the victim, he can directly sue the insurance company and the car owner for compensation. According to Article 76 of the Road Traffic Safety Law of the People's Republic of China, if a traffic accident involving a motor vehicle causes personal injury, death or property loss, the insurance company shall compensate within the limit of liability of the compulsory third party liability insurance for motor vehicles; The insufficient part shall be liable for compensation in accordance with the following provisions:
 （1） If a traffic accident occurs between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults.
 （2） If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation of not more than 10 percent.
 If the loss of a traffic accident is caused by the intentional collision of a non motor vehicle driver and a pedestrian with a motor vehicle, the motor vehicle party shall not be liable for compensation.
 If the other party agrees to make compensation, the traffic police shall first issue a letter of responsibility determination to determine the responsibilities of both parties. If they are not satisfied with the determination, they can apply for re determination.
 Then, when the victim's condition is stable, do a disability appraisal to determine the level of disability, and finally determine the amount of compensation you should receive in combination with your household registration status, etc. Pay attention to the fact that the urban standard is nearly four times the rural standard, and the rural household registration can be compensated according to the urban standard if it meets certain conditions.
 Legal basis
 Article 76 of the Road Traffic Safety Law of the People's Republic of China, in the event of a traffic accident involving a motor vehicle causing personal injury, death or property loss, the insurance company shall compensate within the limit of liability of the compulsory third party liability insurance for motor vehicles; The insufficient part shall be liable for compensation in accordance with the following provisions:
 （1） If a traffic accident occurs between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults.
 （2） If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation of not more than 10 percent.
 If the loss of a traffic accident is caused by the intentional collision of a non motor vehicle driver and a pedestrian with a motor vehicle, the motor vehicle party shall not be liable for compensation.