If the driver is fully or primarily responsible for the traffic accident, he/she should pay for treatment first. After the injured leaves the hospital, he/she should calculate the medical expenses, missed work expenses, living expenses and other expenses, and be fully responsible for full compensation;
If the compulsory traffic insurance is paid, the insurance company shall compensate the insured amount, and the part exceeding the insured amount shall be compensated by the responsible person; If the parties are primarily responsible, the two parties shall negotiate to determine the proportion of liability for compensation. If they cannot solve the problem through consultation, they shall solve it through civil litigation.
Where compulsory traffic insurance has been paid, the insurance company shall compensate the insured amount according to the insurance compensation amount of compulsory traffic insurance, and the part exceeding the insured amount shall be compensated by the responsible person.
[Legal Basis]
Article 1179 of the Civil Code states that if a person infringes upon another person and causes personal injury, he/she shall compensate medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital board subsidies and other reasonable expenses for treatment and rehabilitation, as well as reduced income due to missed work.
If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.