[Direct answer]In the Beijing area, if a traffic accident occurs involving a motor vehicle that has not been insured with compulsory motor vehicle liability insurance, the motor vehicle party shall first bear the compensation liability in an amount equivalent to the liability limit of the compulsory motor vehicle liability insurance, and the insufficient portion shall be borne in accordance with the proportion of the accident liability. According to Article 121 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the insured or the insured intentionally or due to gross negligence fails to insure with compulsory motor vehicle liability insurance in accordance with the provisions, the traffic management department of the public security organ shall impose a fine of twice the amount of the premium payable. At the same time, the article stipulates that the owner, manager and user of the motor vehicle are different. After the accident occurs, the user of the motor vehicle shall bear the compensation liability, and the owner and manager of the motor vehicle shall bear corresponding responsibilities if they are at fault.Personal injury and medical disputesIn class services, the order of compensation is the key to liability claims.

I. Problem background and typical scenarios

Common forms of disputes include: the motor vehicle party arguing that the vehicle is a non-motor vehicle or does not need to be insured; the vehicle has been transferred but the insurance change has not been processed in time; the victim mistakenly believes that the insurance has taken effect when it actually hasn't; and the situation where the insured vehicle is uninsured during the inspection period. In addition, there is a special situation where the insured fails to truthfully disclose important matters, resulting in the termination of the contract.Business and contract disputes in enterprisesIn this type of business, the fulfillment of the obligation to purchase insurance and the obligation to provide information are equally crucial.

II. Key points of contention

The first focus is whether the vehicle in question is subject to mandatory insurance coverage. The second focus is whether the insurance contract has taken effect and when it took effect. The third focus is the applicable standards for the liability limits of compulsory motor vehicle insurance. The fourth focus is the division of responsibilities among the vehicle owner, manager, and user. The fifth focus is who should bear the losses exceeding the insurance limits. The sixth focus is the relationship between administrative penalties and civil compensation. The seventh focus is whether the insured party still needs to bear compensation responsibilities after the insurance contract is terminated.

III. Professional analysis by Henglue Lawyers

Henglue Lawyer believes that claims for liability without purchasing compulsory insurance should be organized in the following layers: Firstly, confirm the factual basis of whether insurance has been purchased, by cross-verifying the traffic accident liability determination document, vehicle information, and the results of policy inquiries; Secondly, check the calculation method of liability limits, and classify the damages into corresponding limits to determine the compensation amount equivalent to the liability limits of compulsory insurance; Thirdly, distinguish the identities of the parties and determine the responsible subject, paying attention to the determination of fault when the actual use of the vehicle is inconsistent with the registration; Fourthly, calculate the compensation for the part exceeding the limits according to the proportion of liability for the accident; In addition to the above, it is also necessary to pay attention to the impact of the status of the insurance contract on liability, such as whether the insurance period has expired or whether there are circumstances of failing to handle the change registration in time. In practice, the most common dispute is that the parties mistakenly believe that they have purchased insurance but it has not actually taken effect, at which time it is necessary to distinguish through policy records and insurance purchase certificates.Business and contract disputes in enterprisesThe column provides more explanations on the review process of insurance obligations. In addition, it is necessary to distinguish between administrative penalties and civil compensation: the lack of insurance does not affect the existence of civil compensation liability, and administrative penalties do not change the scope of compensation.

IV. Practical suggestions and legal basis

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Action recommendations: 1. Immediately check the vehicle insurance status to confirm whether the compulsory insurance is within the validity period; 2. Verify the vehicle registration information and the actual user to determine the responsible party; 3. Obtain the traffic accident liability determination letter; 4. Prepare medical bills, diagnosis certificates, and disability appraisal materials; 5. Calculate the corresponding liability limits for each item and the excess amount; 6. Assess whether additional responsible parties need to be added; 7. Pay attention to the statute of limitations. Legal basis: Articles 121-3 and 121-17, and Article 117 of the Civil Code of the People's Republic of China (effective January 1, 2021); Related provisions on compulsory insurance for motor vehicle traffic accidents; Related provisions of the Road Traffic Safety Law. For reference on the claims process, please refer toSpecial 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 Reminder

First, compulsory auto insurance is a mandatory insurance, and the obligation to purchase insurance is a statutory obligation. Second, failure to purchase insurance does not affect civil compensation liability. Third, administrative penalties and civil compensation can proceed in parallel without conflict. Fourth, when the vehicle owner and the user are not the same, attention should be paid to the determination of fault. Fifth, the portion exceeding the limit shall be borne in accordance with the proportion of liability. Sixth, attention should be paid to the starting and ending points of the insurance period and the conditions for its effectiveness. Seventh, it is recommended to confirm the insurance status as soon as possible after an accident occurs.

VI. Frequently Asked Questions

Q1: If I don't buy compulsory insurance and get into an accident, how will I bear the compensation responsibilities?

For those who have not purchased compulsory auto insurance, the motor vehicle party shall first compensate within the limit of the compulsory auto insurance liability, and the insufficient part shall be borne 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, the relevant provisions also apply to the situation of not purchasing insurance. In practice, it is necessary to first confirm whether the vehicle belongs to the motor vehicles that should be insured, and to obtain the traffic accident liability determination letter to determine the proportion of liability.

Q2: If the car has been transferred but the insurance has not been changed, who will be responsible if an accident occurs?

This needs to be determined based on the insurance situation. If the transferee fails to handle the insurance policy modification and results in the loss of insurance coverage, the actual user is usually liable for compensation; if the original insurance policy still effectively covers the vehicle after the transfer, the transferee may claim compensation from the insurance company. According to Article 121 of the Civil Code, when the insured and the insured transfer a motor vehicle, they shall notify the insurer. If the insurer is not notified, the insurer may not be liable for the accident according to law. Therefore, after the transfer of ownership, it is necessary to handle the insurance modification in a timely manner.

Q3: If the compulsory insurance has expired and you still drive on the road, how will you be compensated if you get into an accident?

If the insurance period expires and is not renewed, it shall be deemed as a situation of non-insurance. The motor vehicle party shall first compensate within the limit of the compulsory insurance liability, and the excess shall be borne in accordance with the liability ratio. At the same time, if the insured fails to insure or renew the insurance as required, the traffic management department of the public security organ shall deal with it in accordance with the law. It should be noted that the insurance period shall be subject to the specified start and end time, and the insured cannot claim that the insurance is still valid on the grounds that the grace period has not expired.

Q4: If the other party hasn't purchased compulsory insurance, can I directly ask them to compensate me?

Yes. If the victim has not purchased compulsory insurance, no insurance company can be requested to compensate them, and they can only claim directly from the infringer. At this time, the victim should fix the vehicle information, keep the insurance records, obtain the accident responsibility determination letter and damage evidence, and claim the compensation amount equivalent to the liability limit of compulsory insurance and the proportional compensation for the excess amount. It is recommended to specify this item in the lawsuit to avoid vague claims that may lead to unenforceability.

Q5: What is the fine for not purchasing compulsory insurance?

According to the relevant provisions of the "Road Traffic Safety Law of the People's Republic of China", those who fail to purchase compulsory insurance for motor vehicle traffic accidents shall be fined an amount corresponding to the amount of the insurance premium payable by the traffic management departments of the public security organ. The specific fine ratio shall be subject to the current regulations and local implementation standards. It should be noted that administrative penalties and civil compensation liabilities are two separate lines: even if the fine has been paid, the party still needs to bear civil compensation liability for the damage caused by the accident, and the fine does not have the function of offsetting the compensation.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, 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 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. If you encounter disputes, please consult a practicing lawyer in time.