[Direct answer]In the Beijing area, if the compulsory insurance is paid first and the commercial insurance is paid later, the insured party still needs to bear the shortage. Article 76 of the "Road Traffic Safety Law of the People's Republic of China" stipulates that if a motor vehicle causes personal injury or property damage in a traffic accident, the insurance company shall compensate within the limits of the compulsory third-party liability insurance for motor vehicles, and the insured party shall bear the compensation liability for the shortage in accordance with relevant provisions. The "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accident Liability" (amended in 2019) stipulates the compensation limits and itemized contents of the compulsory insurance for motor vehicles. Therefore, the general order of compensation is: first, the compulsory insurance shall compensate within the limits of death and disability compensation, medical expense compensation, and property damage compensation; for the shortage, the commercial third-party liability insurance shall compensate within the insured amount according to the proportion of liability for the accident; and for the remaining shortage, the insured party (the liable party) shall bear it himself. If the compulsory insurance is not purchased, the obligated party shall compensate within the limits of the compulsory insurance liability.

1. Problem background and typical scenarios

After a traffic accident, the victim and the responsible party are most concerned about who will pay the compensation first and how much they can get. Some people mistakenly believe that commercial insurance pays first or that the compensation from compulsory insurance ends after it is paid. However, due to the different rules of compensation order, limits, and liability ratios between compulsory insurance and commercial insurance, it is crucial to clarify the order of compensation claims.

II. Key points of contention

First, the order of compensation for compulsory insurance and commercial insurance. Second, the application of the various sub-limits of compulsory insurance. Third, the method of compensation for commercial insurance according to the proportion of liability. Fourth, the consequences of not purchasing compulsory insurance. Fifth, the responsibility for the portion exceeding the insurance limits.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers analyze the compensation structure. Firstly, compulsory insurance takes priority: Compulsory insurance is a mandatory liability insurance aimed at ensuring that victims can obtain basic compensation in a timely manner. Therefore, the insurance company first compensates within the liability limit, and usually distinguishes between liability and non-liability limits, and covers three items: death and disability, medical expenses, and property damage. Secondly, commercial insurance supplements: For the part not covered by compulsory insurance, the commercial third-party liability insurance compensates according to the insured's liability ratio within the insured amount; the insured's own vehicle damage can be handled through vehicle damage insurance, etc. Thirdly, the infringer bears the final responsibility: If the insurance compensation is still insufficient, the liable party shall bear the liability according to the liability ratio; the victim's total losses, including medical expenses, loss of income, nursing care expenses, disability compensation, and death compensation, shall be calculated according to the statutory items. Fourthly, the case of non-insurance: If the insured fails to purchase compulsory insurance in accordance with the law, the obligated party shall compensate within the compulsory insurance liability limit, and the victim may directly claim against the obligated party. Fifthly, practical operation: In litigation, the victim can list both the insurance company and the infringer as defendants, first claiming for compulsory insurance, then claiming for commercial insurance, and finally requiring the infringer to bear the insufficient part to avoid duplication or omission; the compensation items and amounts shall be supported by evidence such as receipts, appraisals, and loss of income. When handling traffic accident cases in Beijing, the compensation subject is usually determined in the above-mentioned order.

IV. Practical suggestions and legal basis

Action suggestions: First, check the insurance coverage of the accident vehicle under compulsory auto insurance and commercial insurance; Second, claim compensation in the order of compulsory auto insurance, commercial insurance, and the infringer; Third, preserve medical bills, appraisal opinions, and evidence of loss of income and nursing care; Fourth, if the vehicle is not insured under compulsory auto insurance, directly claim compensation from the obligated insurer. For cases involving traffic accidents and personal injuries, you can refer to the relevant provisions of the Road Traffic Safety Law of the People's Republic of China and other relevant laws and regulations.Personal injury and medical disputesFor matters related to insurance claims, you may refer to the following for reference.\nFinancial capital and cross-border transactions involving foreign entities.Legal basis: Article 76 of the Road Traffic Safety Law of the People's Republic of China, Articles 21 and 23 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents (amended in 2019), and Article 1,213 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the order of compensation is to first pay the compulsory insurance, then the commercial insurance, and finally the infringer. Secondly, pay attention to the sub-limits of the compulsory insurance, and don't calculate it based on a total amount. Thirdly, the commercial insurance compensates according to the proportion of liability. Fourthly, if the compulsory insurance has not been purchased, the person who has the obligation to purchase the insurance shall compensate first. For matters involving traffic accident compensation and insurance, you can consult throughPersonal injury and medical disputesYou can combine it with the overall solution for services involving insurance claims.\nFinancial capital and cross-border transactions involving foreign entities.For contracts involving corporate vehicles, you can refer to the relevant provisions in the template.Business and contract disputes in enterprisesFor any questions regarding difficult situations, please feel free to consult us through this columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Should I first file a claim under compulsory insurance or commercial insurance for compensation?

First, the compulsory insurance will be activated to provide compensation within the liability limit; if the compensation is insufficient, the commercial third-party liability insurance will pay according to the liability ratio; and if there is still a shortage, the infringer will bear the responsibility. This is the general order of compensation.

Q2: What is the limit of compulsory insurance?

Compulsory Motor Third-Party Liability Insurance distinguishes between liability and non-liability limits, and is divided into three categories: death and disability, medical expenses, and property damage, each with different limits. The specific amounts are subject to the provisions of the current Compulsory Motor Third-Party Liability Insurance Regulations.

Q3: How is compensation paid for commercial insurance?

The commercial third-party liability insurance compensates for the portion of the traffic accident liability insurance that is insufficient within the insured amount, within the scope of the insured's liability and in accordance with the proportion of the accident liability. The portion exceeding the insured amount shall be borne by the infringer himself.

Q4: What should I do if I haven't purchased compulsory motor vehicle insurance?

For those who fail to purchase compulsory insurance in accordance with the law, the obligated insured shall compensate the victims within the limits of the compulsory insurance liability. The victims may directly claim compensation from the obligated insured, and the insured shall still bear the shortage of compensation.

Q5: Who should I sue?

The insurance company and the infringer can be listed as defendants together. First, claim compensation from the compulsory insurance, then claim compensation from the commercial insurance, and finally let the infringer bear the shortage, which is conducive to solving the compensation problem once and for all.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.