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Compensation for vehicle maintenance costs in traffic accidents

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Compensation for vehicle maintenance costs in traffic accidents


        

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  • 2024-06-07 05:00:49

    The party fully responsible for the traffic accident shall bear the traffic expenses, but the actual bills shall prevail. Of course, unless the parties voluntarily undertake.

    According to the laws of our country, if a traffic accident occurs in a motor vehicle and 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.

    Compensation for traffic accidents includes:

    1. Medical expenses;

    2. Lost time cost;

    3. Nursing expenses;

    4. Transportation expenses;

    5. Hospitalized food allowance;

    6. Nutrition cost;

    7. Disability compensation;

    8. Expenses for disability aids;

    9. Funeral expenses;

    10. Living expenses of the dependents;

    11. Death compensation;

    12. Comfort fund for mental damage

    [Legal Basis]

    Article 76 of the Road Traffic Safety Law of the People's Republic of China states that in the event of a traffic accident involving a motor vehicle that 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.

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