[Direct answer]In the Beijing area, if a motor vehicle causes damage in a traffic accident, the compulsory motor vehicle liability insurance usually compensates for the damage within the liability limit first. For the portion exceeding the liability limit of the compulsory motor vehicle liability insurance, commercial insurance shall bear the compensation liability in accordance with the provisions of the insurance contract. According to Articles 1,213 to 1,217 of the Civil Code of the People's Republic of China (effective January 1, 2021) and the relevant provisions of the compulsory motor vehicle traffic accident liability insurance, the insured or the insured shall not use the provisions of the insurance contract to oppose the victim; the insured shall compensate for the insufficient part according to law, and the insured who has purchased commercial third-party liability insurance shall be compensated by the commercial insurance according to the terms of the contract. The order of compensation directly affects the amount that can be supported.

I. Problem Background and Typical Scenarios

Common points of dispute include: insurance companies claiming to deduct the deductible according to the contract, while victims believe they should be compensated in full; the unclear order of compensation allocation between compulsory insurance and commercial insurance; whether insurance companies can refuse to compensate on the grounds of the victim not having purchased commercial insurance in the case of no-fault compensation; and the order of settlement when there are multiple liable parties and multiple insurers. The relationship between the payment order and the contract terms follows the same reasoning principle.

II. Key points of contention

Focus I: The liability limit standards and application of compulsory motor vehicle liability insurance. Focus II: The order of responsibility for amounts exceeding the limit. Focus III: The scope of compensation and exemption clauses of commercial third-party liability insurance. Focus IV: Whether insurance companies can use contractual provisions to oppose victims. Focus V: The relationship between no-fault compensation and purchased commercial insurance. Focus VI: The handling of cases involving multiple tortfeasors or multiple insurers. Focus VII: Who should bear the losses exceeding the scope of compulsory motor vehicle liability insurance and commercial insurance. For related procedural issues, please consult professional institutions for further advice.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers believe that the dispute over the order of compensation should be handled in layers. Firstly, determine the liability limit of compulsory insurance: according to current regulations, in the event of liability, compulsory insurance pays compensation within the limits of death and disability compensation, no-fault compensation, etc., and the excess part does not fall within the scope of compulsory insurance. Secondly, handle the excess part: those who have purchased commercial third-party insurance shall be compensated by the commercial insurance according to the contract; those who have not purchased commercial insurance shall be compensated by the infringer himself. Thirdly, handle the remaining losses: the part exceeding the compensation scope of compulsory insurance and commercial third-party insurance shall be borne by the infringer according to the proportion of responsibility for the accident. In practice, this often involves the determination of responsibility for whether the owner of the motor vehicle is the same as the user. The order of preparing claim materials is also crucial, and the list of materials can be referred to for reference.Personal injury and medical disputesColum. Practical experience shows that cases with clear compensation order and complete materials have significantly higher claims settlement efficiency: generally, first obtain the accident liability determination letter, then prepare medical expense bills, disability appraisal reports, income and loss of work certificates, etc., and finally submit a claim to the insurance company and simultaneously sue the uninsured infringers. The organization of claim materials directly affects the efficiency of claims settlement. It should be noted that the compensation of commercial third-party liability insurance belongs to the insurance contract relationship, and the insured should claim according to the contract. They cannot naturally require the insurance company to pay the full amount to the victims directly in the litigation process.

IV. Practical suggestions and legal basis

Action recommendations: 1. Obtain the traffic accident liability determination letter to clarify the liability ratio; 2. Confirm the status of the compulsory motor vehicle liability insurance policy and the circumstances of the accident; 3. Prepare medical bills, diagnosis certificates, and medication lists; 4. Complete a disability assessment to determine the subsequent compensation amount; 5. Prepare income proof and materials related to loss of earnings; 6. Organize vehicle repair cost receipts; 7. If the insurance company fails to pay compensation in a timely manner, you may file a lawsuit in accordance with the law. Legal basis: Articles 1213, 1214, 1215, and 1226 of the Civil Code of the People's Republic of China (effective January 1, 2021); Related provisions on compulsory motor vehicle liability insurance; The provisions on the liability scope and exemption clauses of commercial third-party liability insurance in the model clauses of commercial insurance. For information on the claims process, please refer to the relevant materials.Special services and other casesFor details on the determination of responsibility, please refer to the following document.Business and contract disputes in enterprisesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

First, the compulsory insurance shall pay compensation within the liability limit first, and the insufficient part shall be borne by the commercial insurance. Second, the insurance company shall not use the contract provisions to oppose the victims. Third, the scope of compensation for commercial third-party liability insurance shall be subject to the contract provisions and the insured situation. Fourth, the part exceeding the scope of the two insurances shall be borne by the infringer in accordance with the liability ratio. Fifth, the disability appraisal is the key to determining the subsequent compensation amount. Sixth, pay attention to keeping all expense receipts and evidence of loss of working time. Seventh, it is recommended to prepare for both claims settlement and litigation immediately after the accident occurs.

VI. Frequently Asked Questions

Q1: Which comes first in terms of compensation between compulsory insurance and commercial insurance?

Generally, the compulsory motor vehicle liability insurance will first compensate within the liability limit, and the portion exceeding the liability limit of the compulsory motor vehicle liability insurance will then be compensated by the commercial insurance according to the contract; if both are insufficient, the remaining portion will be compensated by the infringer according to the proportion of liability for the accident. According to Articles 1,213 to 1,217 of the Civil Code of the People's Republic of China, insurance companies may not use the provisions of the insurance contract to oppose the victims. Therefore, when making a claim, it is necessary to clearly distinguish between the part compensated by the compulsory motor vehicle liability insurance and the part compensated by the commercial insurance, and claim against the corresponding parties respectively.

Q2: What is the liability limit of compulsory insurance?

According to the provisions of the Compulsory Insurance for Motor Vehicle Traffic Accidents Liability, the limits are set separately for situations where the driver is at fault and those where he/she is not at fault, and are specified under items such as compensation for death and disability, compensation for medical expenses, and compensation for property losses. When making a judgment, two points need to be noted: first, the damage items should be included in the corresponding sub-items for calculation; second, the basis for calculation is generally the confirmed losses rather than the compensation conclusions. The specific limit standards shall be subject to the current regulations and the terms specified in the insurance policy. The limit standards shall be subject to the current regulations and the terms specified in the insurance policy.

Q3: The insurance company said the deductible is high. Can I claim compensation for this part?

Generally, it is not possible to directly claim from the insurance company for the portion exceeding the deductible agreed upon in the insurance contract. The compensation for commercial third-party liability insurance is conducted in accordance with the provisions of the insurance contract, and the deductible rate and amount stipulated in the contract are usually binding on the insured. However, two points need to be noted: first, the portion of compulsory insurance cannot be deducted for any reason; second, if the insurance company fails to fulfill its obligation to pay compensation in a timely manner as agreed, the insured may claim corresponding liabilities according to law. Therefore, it is recommended to carefully understand the terms when purchasing insurance and check whether the insurance company's calculation basis is consistent with the contract when making a claim. For related calculation points, you can consult professional institutions for further advice.

Q4: If the other party doesn't purchase commercial insurance, who will bear my losses?

The compulsory insurance shall first make compensation within the liability limit, and the losses exceeding the limit shall be borne by the infringer in accordance with the law. In practice, attention should be paid to the identification of the responsible parties: when the owner of the motor vehicle is different from the user, the user of the motor vehicle shall bear the liability for compensation after the accident, and the owner of the motor vehicle shall bear corresponding liability if he is at fault. Therefore, when identifying the defendant, the subject of the compensation obligation should be determined according to the accident responsibility determination letter and the actual use situation, and it should be verified whether the defendant has any enforceable property. This part can be referred to for reference.Business and contract disputes in enterprisesThe idea of assigning responsibilities for the column.

Q5: How much does it cost to hire a lawyer to handle a traffic accident claim?

The fees are determined through consultation between the law firm and the client, and mainly depend on the injury situation and disability level, the number and amount of claims, the number of responsible parties, whether appraisal is involved, and whether the case has entered the litigation and enforcement stages. The cost of simply assisting in organizing materials and liaising with insurance companies is relatively manageable; however, if multiple appraisals need to be applied for, litigation needs to be initiated, and enforcement needs to be followed up, the investment will obviously increase. It is recommended that after completing the disability appraisal, the lawyer first assess the various claim amounts, and then determine the scope of services and the schedule of the various stages.

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

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 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 the event of a dispute, please consult a practicing lawyer in a timely manner.