[Direct answer]Comprehensive Traffic Accident Insurance provides compensation according to itemized limits. According to the "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents Liability" (implemented on July 1, 2006 and amended in 2019) and current regulatory provisions, if an insured motor vehicle causes personal injury or death to its own occupants or victims other than the insured in a road traffic accident, or causes property damage, the insurance company shall provide compensation within the limits of Comprehensive Traffic Accident Insurance liability. The current liability limits are: death and disability compensation limit of 180,000 yuan, medical expense compensation limit of 18,000 yuan, and property damage compensation limit of 2,000 yuan; if the insured is not at fault in the accident, the corresponding limits are death and disability compensation of 18,000 yuan, medical expenses of 1,800 yuan, and property damage of 100 yuan. The above limits apply separately and cannot be interchanged. The excess part shall be borne by commercial third-party liability insurance or the infringer according to law. It should be noted that the compensation objects of Comprehensive Traffic Accident Insurance do not include the insured's own occupants and insured persons.

I. Problem Background and Typical Scenarios

Comprehensive Motor Vehicle Liability Insurance is a mandatory statutory insurance, and almost all motor vehicles are required to purchase it. However, many car owners are unclear about its coverage and compensation limits. Typical scenarios include: when an accident results in serious injury or death to the other party, the family inquires about the compensation amount from the insurance; when the other party's vehicle is uninsured or flees the scene, the victim wonders whether they can receive compensation from the insurance; when car owners mistakenly believe that the insurance "covers everything", they ignore the exclusions for their own vehicle personnel and property losses; and when victims confuse medical expenses, disability compensation, and vehicle repair costs in their claims, they are unaware of the rules on itemized compensation limits. With a large number of motor vehicles in Beijing, traffic accident claims are relatively common. Understanding the itemized compensation limits and the distinction between liability and non-liability in Comprehensive Motor Vehicle Liability Insurance can help victims and car owners reasonably estimate the compensation amount and correctly list the defendants and claims in the claims process, avoiding affecting their ability to obtain compensation due to improper claims methods.

II. Key points of dispute

First, how are the sub-limits of compulsory insurance applied, and can the sub-limits be adjusted among each other? Second, what are the differences in the limits between situations where the insured is at fault and those where they are not at fault? Third, what is the scope of the compensation objects of compulsory insurance, and how to distinguish between occupants of the insured vehicle and third parties? Fourth, how is compulsory insurance shared in multi-vehicle accidents? Fifth, can victims directly claim compensation from insurance companies? Sixth, how are the portions exceeding the limits of compulsory insurance borne? These issues directly affect the actual amount of compensation received by victims.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm advises that to understand compulsory motor vehicle liability insurance, one should grasp three key points: "itemization, differentiation, and order of priority". First, itemized limits. The limits for death and disability, medical expenses, and property damage are calculated separately and cannot be interchanged; for example, the portion of medical expenses exceeding 18,000 yuan cannot be deducted from the limit for death and disability. Second, differentiation between liability and non-liability. When the insured is at fault, a higher limit applies; when not at fault, a lower limit applies, which has a significant impact on the victim's expectation of compensation. Third, compensation targets. Compulsory motor vehicle liability insurance compensates for injuries to occupants of the insured vehicle and victims outside the insured, but not for insured vehicle passengers and drivers, whose losses must be resolved through seat insurance, the other party's vehicle insurance, or tort liability. Fourth, multi-vehicle accidents. In cases involving multiple motor vehicles, each vehicle's compulsory motor vehicle liability insurance compensates within its respective liability limit, and the victim can claim separately. Fifth, compensation order. After an accident, compulsory motor vehicle liability insurance compensates within its limit first, followed by commercial third-party liability insurance according to the contract, and if there is still a shortage or no commercial insurance coverage, the tortfeasor bears the liability. Sixth, claim methods. Victims can claim directly from the insurance company according to the law, or list the insurance company and the tortfeasor as defendants in litigation to resolve compensation and liability issues simultaneously. In practice, many disputes arise from the parties' misunderstanding of itemized limits and compensation targets, resulting in a gap between the claimed amount and the actual amount of compensation that can be obtained.

IV. Practical suggestions and legal basis

Action recommendations: First, distinguish between situations with and without liability and clarify the applicable limits for each; Second, calculate losses separately for death and disability, medical expenses, and property damage to avoid confusion; Third, losses to the vehicle's occupants should be claimed through seat insurance or tort liability; Fourth, in litigation, insurance companies and torturers can be listed as defendants together, which is convenient for handling them simultaneously. For related services, please refer to the following links:Personal injury and medical disputesAndSpecial servicesColumn. Legal basis: The "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents Liability" (implemented on July 1, 2006 and amended in 2019) regarding the provisions on the objects and limits of compensation for compulsory insurance, and Article 1,213 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021) regarding the order of compensation between compulsory insurance, commercial insurance, and the infringer. The specific limit standards shall be subject to the currently effective regulatory provisions.

5. Henglue Law Firm's Reminder

Firstly, the compulsory motor vehicle liability insurance implements itemized limits, and the funds of each item cannot be interchanged. Secondly, the limits for liability and non-liability differ significantly, and a judgment must be made based on the actual circumstances. Thirdly, the occupants of the insured vehicle and the insured themselves are not covered by the compulsory motor vehicle liability insurance. Fourthly, the portion exceeding the limit shall be borne by the commercial insurance and the infringer. If you need to understand the compensation and claims settlement process of the compulsory motor vehicle liability insurance, you can consult throughPersonal injury and medical disputesAndSpecial servicesFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: What is the maximum compensation amount for compulsory auto insurance now?

The current liability limits are as follows: the compensation limit for death and disability is 180,000 yuan, the compensation limit for medical expenses is 18,000 yuan, and the compensation limit for property damage is 2,000 yuan; if the insured is not at fault in the accident, the corresponding limits are 18,000 yuan, 1,800 yuan, and 100 yuan. These three limits apply separately and cannot be used interchangeably.

Q2: Can the sub-limits of compulsory insurance be used interchangeably?

No. The limits for death and disability, medical expenses, and property damage are calculated separately. For example, the portion of medical expenses exceeding the limit cannot be deducted from the limit for death and disability; and property damage cannot also encroach on the limit for personal injury compensation. When making a claim, the losses should be calculated separately to avoid making incorrect claims.

Q3: What should I do if the other party hasn't purchased compulsory insurance?

The victim can still seek legal remedies. If the other party has not purchased compulsory insurance, they should first compensate within the limits of the compulsory insurance liability, and bear the excess according to the liability ratio; if the rescue fund has advanced the payment, the victim can apply for compensation in accordance with the relevant regulations. It is recommended to fix the evidence in time and file a lawsuit, and apply for property preservation if necessary.

Q4: Will the compulsory insurance cover the injuries of the passengers in this car?

Generally, it's not possible. Compulsory motor vehicle liability insurance compensates for injuries to the occupants of the insured vehicle and victims other than the insured. Passengers of the insured vehicle are not covered by compulsory motor vehicle liability insurance. Passengers can claim compensation from the other vehicle's compulsory motor vehicle liability insurance and commercial insurance, or seek compensation through the insured vehicle's occupant liability insurance and tort liability.

Q5: How is the compulsory insurance indemnity paid in the case of a multi-vehicle accident?

The compulsory auto insurance of each vehicle shall bear the liability for compensation within its respective liability limit, and the victim may claim compensation from each insurance company separately. If the division of liability is involved, the liability ratio of each vehicle should be determined first, and then the compensation amount shall be calculated according to the ratio and the limit. If necessary, the matter shall be resolved through litigation.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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