[Direct answer]In the Beijing area, it is generally not covered by the compulsory motor vehicle liability insurance. According to the provisions of the "Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance" (implemented on July 1, 2006 and amended in 2019) regarding the objects of compensation, the compulsory motor vehicle liability insurance compensates for personal injury and property damage caused to the insured's vehicle and victims other than the insured in road traffic accidents. Therefore, the insured's vehicle occupants (including drivers and passengers) who are injured usually cannot be compensated through the vehicle's compulsory motor vehicle liability insurance. The main avenues for compensating passengers who are injured include: first, the other vehicle's compulsory motor vehicle liability insurance and commercial third-party liability insurance (when the other party is at fault); second, the vehicle's on-board passenger liability insurance, also known as seat insurance; third, claiming tort liability according to the "Civil Code of the People's Republic of China" (implemented on January 1, 2021). It should be noted that whether the passengers were in the vehicle at the time of the accident or temporarily got off the vehicle and were then hit by the insured's vehicle will affect whether they are identified as vehicle occupants or third parties. In practice, this needs to be determined based on the specific circumstances.

I. Problem Background and Typical Scenarios

It's very common to travel by car, and how passengers can claim compensation after being injured in accidents is a concern for many parties involved. Typical scenarios include: passengers being injured in collisions involving ride-hailing cars, taxis, or vehicles belonging to friends or relatives; passengers being injured in vehicle fires or rollover accidents; passengers getting off the vehicle to check after an accident and being injured by vehicles behind them or their own vehicle; and disputes over liability allocation arising from employment or goodwill ride-sharing relationships between passengers and drivers. In Beijing, where there's a high demand for motor vehicles and ride-hailing services, such disputes are relatively common. Passengers often mistakenly believe that "insurance will cover their losses," but they don't realize that compulsory insurance explicitly excludes vehicle occupants. Some people also don't understand that they can simultaneously claim compensation from the other vehicle's insurance, their own vehicle's seat insurance, and the infringer. Therefore, clarifying the scope of compensation recipients and alternative avenues is essential to effectively safeguard passengers' legitimate rights and interests.

II. Key points of contention

Firstly, the scope of compensation for compulsory insurance and how to define the passengers on board. Secondly, if a passenger gets off the vehicle temporarily and is hit by a car, is he/she considered a passenger on board or a third party? Thirdly, how can passengers claim compensation when the other vehicle is at fault or not at fault? Fourthly, the scope and limits of compensation for seat insurance. Fifthly, the responsibilities of platforms and carriers in operating vehicles such as ride-hailing cars and taxis. Sixthly, the rules for reducing the driver's liability in the case of goodwill passenger rides. These issues determine the claim path and amount of compensation for passengers.

III. Professional analysis by Henglue Law Firm

Henglu Law Firm advises that passengers seeking compensation for injuries should focus on three key points: "target, path, and conversion". First, the compensation target. The target of compulsory insurance is the vehicle occupants and victims outside the insured, and passengers in the same vehicle are generally not included in this scope, which is the prerequisite for understanding the compensation path. Second, alternative paths. Passengers can first claim compensation from the other vehicle's compulsory insurance and commercial third-party liability insurance (when the other party is at fault), and can also obtain compensation based on the vehicle's occupant liability insurance. They can also claim compensation from the at-fault driver, owner, or carrier based on tort liability; in the case of operating vehicles, carriers usually have higher obligations to ensure safety. Third, the conversion of vehicle occupants to third parties. If passengers get off the vehicle at the time of the accident and are subsequently injured by the same vehicle, they may be identified as third parties in certain circumstances, thereby falling within the scope of compensation of compulsory insurance or commercial third-party liability insurance. The key to determining this lies in the spatial position and accident form at the moment of the accident, and in practice, it requires comprehensive identification based on surveillance footage, scene traces, and statements from the parties involved. Fourth, goodwill riding. When passengers ride in others' vehicles and an accident occurs, if the driver does not have intentional or gross negligence, his compensation liability may be appropriately reduced according to law, but the driver should still bear corresponding liability within the scope of his fault. Fifth, litigation strategy. When passengers sue, they can list the other vehicle's insurance company, the vehicle's insurance company (seat insurance), and the tortfeasor as defendants, and allocate compensation according to the proportion of each party's liability to avoid missing out on compensation due to omitting liability subjects.

IV. Practical suggestions and legal basis

Action suggestions: First, clarify the responsibility for the accident and the vehicle's insurance status to determine the legal avenues that can be pursued; Second, file claims against the other vehicle's insurance and the vehicle's seat insurance separately, and keep relevant materials; Third, in the case of an accident involving a commercial vehicle, pay attention to asserting the carrier's obligation to ensure safety; Fourth, in litigation, list the relevant insurance companies and the responsible parties as defendants. For related services, please refer to the following link: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 of compensation for compulsory insurance for traffic accidents, Article 1,213 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021) regarding the order of compensation, and Article 1,217 regarding goodwill passengers. The specific application shall be subject to the currently effective laws, regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, passengers in the car are generally not covered by compulsory insurance. Secondly, passengers can claim compensation through multiple channels, including the other party's vehicle insurance, the car's seat insurance, and tort liability. Thirdly, if a passenger is hit by the car after temporarily getting off, they may be considered as a third party and be covered by insurance. Fourthly, in the case of goodwill riding, the driver's liability can be appropriately reduced according to the law. If you need to know about the compensation plan for passenger injuries, you can contact us through the following channels:Personal injury and medical disputesAndSpecial servicesFor column consultation, please contact us.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Does the compulsory insurance cover injuries to passengers?

Generally, it's not possible. Compulsory insurance compensates for victims other than the driver and the insured, and passengers of the insured vehicle are not included in the compensation scope. Passengers can claim compensation from the compulsory insurance and commercial third-party liability insurance of the other vehicle, or obtain compensation through the vehicle's passenger liability insurance and tort liability insurance.

Q2: Are passengers considered third parties?

Generally, they are not considered third parties and are classified as occupants of the vehicle. However, in certain circumstances, such as when passengers have already disembarked from the vehicle before an accident occurs and are subsequently injured by the same vehicle, they may be identified as third parties and included in the compensation scope of compulsory motor vehicle liability insurance or commercial third-party liability insurance. The specific determination requires considering the circumstances of the accident and the available evidence.

Q3: Can the seat insurance compensate passengers?

Yes. The vehicle occupant liability insurance, also commonly known as seat insurance, is an insurance product that provides protection for the occupants of the vehicle. Passengers can receive compensation within the limit of the insurance coverage if they are injured. Whether to purchase the insurance, the amount of the insurance coverage, and the compensation conditions shall be subject to the provisions of the insurance contract.

Q4: What should the driver do if a well-intentioned passenger gets into an accident while riding in their car?

It is necessary to distinguish the degree of fault. If an accident occurs while riding in someone else's vehicle free of charge and causes damage to the passenger, if the driver does not have intentional or gross negligence, his or her compensation liability can be appropriately reduced according to law; if there is intentional or gross negligence, he or she shall bear corresponding liability according to the fault. The vehicle insurance can still make advance payments within the corresponding scope.

Q5: Who should I ask for compensation if I, as a passenger of an online ride-hailing service, am injured?

Claims can be made against multiple parties, including the insurance of the other party's vehicle, the seat insurance of the ride-hailing car, and the corresponding responsibilities assumed by the ride-hailing platform or the carrier in accordance with the transportation contract and safety guarantee obligations. It is recommended to list the responsible parties together to avoid omissions that may lead to insufficient compensation, and to fix the order and vehicle information in a timely manner.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, in order to avoid missing the statutory time limits. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.