[Direct answer]In the Beijing area, if there is still a shortage after the compensation of compulsory insurance and commercial third-party liability insurance, the infringer shall bear the liability in accordance with the proportion of responsibility. According to Article 121 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a motor vehicle causes damage in a traffic accident and it is the responsibility of the motor vehicle party, the insurer of the compulsory insurance shall first compensate within the liability limit; for the insufficient part, the insurer of the commercial third-party liability insurance shall compensate in accordance with the provisions of the insurance contract; and if there is still a shortage or no commercial third-party liability insurance has been purchased, the infringer shall compensate. It can be seen that there are clear order and limits for insurance compensation, and the excess part shall ultimately be borne by the party at fault. When the victim claims compensation, he/she can list both the insurance company and the infringer as defendants to solve the problem of compensation and responsibility allocation at one time. It should be noted that the scope of compensation for commercial third-party liability insurance is subject to the restrictions of the insurance contract terms and exemption clauses, and not all losses are covered by the compensation.

1. Problem background and typical scenarios

The losses from major traffic accidents often far exceed insurance limits, especially when resulting in serious injuries, disabilities, or deaths. The total cost of medical expenses, nursing care, and disability compensation can reach hundreds of thousands of yuan or even higher. Typical scenarios include: the at-fault vehicle only having compulsory insurance with no commercial third-party liability insurance, leaving uninsured portions uncompensated; commercial third-party liability insurance having low coverage amounts, leaving large gaps after compensation; victims having their partial losses denied by insurers citing exemption clauses; and at-fault parties transferring assets after the accident, leaving victims concerned about the difficulty of enforcing judgments. With a large number of vehicles in Beijing and significant differences in insurance coverage, victims' greatest concerns are: whether they can recover the remaining funds after insurers compensate, and from whom. The answer depends on the at-fault party's compensation capacity, commercial insurance coverage amounts and clauses, and whether victims have taken timely preservation measures. Therefore, claim strategies should consider both insurance compensation and recourse against at-fault parties.

II. Key points of dispute

First, the order and limits of compulsory auto insurance, commercial third-party liability insurance, and the compensation from the infringer. Second, the scope of compensation for commercial third-party liability insurance and the effectiveness of exemption clauses. Third, whether the victim can directly claim compensation from the insurance company. Fourth, how to recover compensation when the at-fault party fails to purchase commercial insurance or the insurance coverage is insufficient. Fifth, whether it is possible to sue both the insurance company and the infringer together. Sixth, how to seek remedies when the judgment debtor has no assets after the judgment. These issues determine whether the victim can ultimately receive full compensation.

III. Professional analysis by Henglue Law Firm

Henglu Law Firm suggests addressing the issue of insufficient compensation from three perspectives: "order, clauses, and enforcement". Firstly, clarify the order of compensation. Compensation follows the order of compulsory motor vehicle liability insurance first, commercial third-party liability insurance second, and the infringer bearing the final responsibility. Compulsory motor vehicle liability insurance pays according to itemized limits, while commercial insurance pays according to the insured amount and clauses stipulated in the contract, and the remaining portion is borne by the infringer. Secondly, review the clauses. The scope of compensation for commercial third-party liability insurance is subject to contractual provisions. Insurance companies may claim exemption clauses such as driving without a license, drunk driving, and failing to undergo inspections as required. In this case, it is necessary to review whether the insurer has fulfilled its obligation to provide clear explanations and warnings regarding the exemption clauses. Exemption clauses that are not properly implemented may not be effective. Thirdly, litigation strategy. It is recommended to list both the insurer and the infringer as defendants and request the insurer to compensate within the scope of insurance liability, while the infringer shall bear the responsibility for the insufficient portion to avoid the cost of multiple litigations. Fourthly, enforcement guarantee. For cases where the infringer may transfer assets, apply for property preservation in a timely manner; if the other party still fails to perform after the judgment takes effect, apply for enforcement and verify their assets, income, and due claims. Fifthly, multiple vehicles and parties. When there are multiple liable entities, it is necessary to separately verify the insurance status and liability ratios of each vehicle to ensure that each insurer bears corresponding responsibilities within the limits. In practice, disputes over insufficient compensation often focus on the interpretation of commercial insurance clauses and the determination of exemption clauses. Professionally reviewing contract clauses and requiring insurers to fulfill their obligation to provide clear explanations are key to obtaining full compensation.

IV. Practical suggestions and legal basis

Action recommendations: First, clarify the order and limits of compensation between compulsory insurance, commercial insurance, and the infringer; Second, review the scope of compensation and exemption clauses of the commercial insurance contract; Third, list the insurance company and the infringer as defendants together to resolve the compensation once and for all; Fourth, apply for property preservation and promote enforcement in a timely manner. For related services, please refer to the following link:Personal injury and medical disputesAndCreditor's rights and debts, and enforcementColumn. Legal basis: Article 121 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding the order of compensation between compulsory insurance, commercial insurance, and the infringer; Article 116 regarding the principle of fault liability; and Article of the Insurance Law of the People's Republic of China (amended in 2015) regarding the obligation to explain the exemption clauses. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, insurance compensation has a specific order and limit, and the excess part shall be borne by the infringer. Secondly, the scope of compensation for commercial third-party liability insurance is subject to the terms of the contract and the exemption clauses. Thirdly, suing both the insurance company and the infringer in the litigation can avoid making claims in stages. Fourthly, if the other party has no property after the judgment, it is necessary to promptly preserve and verify its enforceable property. If you want to learn about the compensation and recovery schemes for traffic accidents, you can contact us through the following channels:Personal injury and medical disputesAndCreditor's rights and debts, and enforcementFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: What should I do if the insurance compensation is still not enough after the claim is settled?

The infringer shall bear the liability. If the compensation from the compulsory auto liability insurance and the commercial third-party liability insurance is still insufficient, the infringer shall compensate according to the proportion of liability. The victim may list the insurance company and the infringer as defendants in the lawsuit and request that the insurance compensation and the infringer's compensation be handled together to avoid multiple lawsuits.

Q2: What should I do if the other party only has compulsory insurance?

The portion exceeding the limit of compulsory insurance shall be borne by the party at fault. The victim should sue and apply for property preservation as soon as possible to prevent the other party from transferring property. If the other party fails to perform the judgment after it takes effect, the victim may apply for enforcement and verify the other party's bank deposits, real estate, vehicles, income, and other property clues.

Q3: Is it reasonable for the insurance company to say that they won't pay compensation because it's covered by the exemption clause?

This needs to be reviewed. If the insurance company claims exemption from liability, it shall fulfill its obligation to give a warning and clear explanation of the exemption clause. If the clause is not fulfilled, it may not be effective; at the same time, it is necessary to determine whether the accident circumstances truly fall within the scope of exemption from liability. If there are objections to the reasons for refusing to pay compensation, the insured can file a lawsuit to claim compensation.

Q4: Can I directly sue the insurance company?

Yes. The victim can claim compensation directly from the insurance company that underwrites the compulsory insurance or commercial third-party liability insurance according to law, or can list the insurance company and the infringer as defendants together. Bringing a lawsuit together is usually more conducive to resolving the compensation and liability division in one go, and reducing litigation costs and time.

Q5: What should I do if the party at fault doesn't have the money to pay and the enforcement can't be carried out?

Various measures can be taken simultaneously. After applying for enforcement, you can request to inquire into their bank deposits, real estate, vehicles, equity, and due claims; for those who refuse to perform their obligations, you can take measures such as restricting high-consumption and adding them to the list of untrustworthy individuals according to law; if you find that they have transferred their property, you can claim to revoke the enforcement or seek accountability. If necessary, keep monitoring their property changes and apply for resuming enforcement.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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 publicly available 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. In case of disputes, please consult a practicing lawyer in time.