[Direct answer]In the event of a motor vehicle accident, the compulsory motor vehicle liability insurance shall first compensate within the liability limit, and the insufficient portion shall be compensated by the commercial third-party liability insurance according to the contract. If the compensation is still insufficient or the commercial insurance has not been purchased, the infringer shall compensate. The order of compensation shall be determined in accordance with Article 1213 of the Civil Code (effective on January 1, 2021); the compulsory motor vehicle liability insurance covers a maximum of 180,000 yuan for death and disability, 18,000 yuan for medical expenses, and 20,000 yuan for property damage (after the comprehensive reform of auto insurance on September 19, 2020). When the personal property of the party at fault is insufficient, the injured party may seek compensation through litigation and enforcement. For more details, please refer to the following link:Legal services for personal injury and medical disputesAndBeijing Henglu Law Firm.

I. Problem background and typical scenarios

In major accidents, it's not uncommon for the injured person's medical expenses and disability compensation to far exceed the insurance coverage of the party at fault. For example, the cost of treating an injured person can reach hundreds of thousands of yuan, but the compulsory insurance and commercial insurance only cover part of the cost, leaving a large gap in compensation. Typical scenarios include: the party at fault only purchases compulsory insurance, the limits of commercial insurance are too low, or the party at fault does not purchase insurance at all; the injured person suffers from disability or death, resulting in huge compensation; the party at fault is financially constrained and transfers assets, making it difficult to enforce the judgment after the injured person wins the case. In such cases, the focus shifts from "determining liability" to "seeking compensation protection", requiring coordinated efforts from insurance companies, the infringer, and the enforcement authorities. For more information on relevant enforcement procedures, please refer to the following sources:Creditor-debtor relations and enforcement case services.

II. Key points of contention

  • The order of compensation: Compulsory insurance takes priority, commercial insurance follows, and the infringer bears the final responsibility. This order must be strictly followed. Insurance companies are not allowed to shift the gap in commercial insurance to the injured party.
  • Determining the liable party's assets: Whether the fully responsible party has assets that can be executed against and whether these assets have been transferred are crucial factors in determining whether the judgment can be enforced. Therefore, it is necessary to secure these assets in advance.
  • Statute of limitations and evidence: The three-year statute of limitations and the completeness of medical and disability evidence affect whether the claim for compensation can be supported.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers have observed in traffic accident and enforcement cases that the most worrying thing about insurance insufficiency cases is "winning the judgment but not getting the money". The response strategy can be divided into three layers: Firstly, ensure sufficient insurance compensation by fully utilizing the limits of compulsory insurance and commercial insurance according to Articles 12 and 13, and verify whether the insurance policy has omitted any items; Secondly, identify and preserve the infringer's liable property to prevent the fully responsible party from transferring real estate, vehicles, or bank deposits during the litigation process; Thirdly, for cases involving disability or death, conduct standardized appraisals to include long-term items such as disability compensation and dependents' living expenses to avoid underestimating the compensation gap. During the litigation process, lawyers will simultaneously apply for investigation orders to inquire into the other party's assets and assist in asset preservation. In the enforcement stage, they will promote the seizure and auction of assets. If the fully responsible party is a driver performing his duties, the lawyer can also pursue the liability of his employer to broaden the sources of compensation. For cases involving multiple debtors, the lawyer can coordinate with other parties to seek joint and several liability.Business and contract dispute resolution services for enterprisesClarify the main subject.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1213 of the Civil Code (effective January 1, 2021) stipulates that if a motor vehicle accident is the responsibility of the party involved, the insurance company that provides compulsory motor vehicle liability insurance shall first compensate within the limit, and the insurer that provides commercial insurance shall compensate according to the contract for the insufficient part. If the compensation is still insufficient or no commercial insurance has been purchased, the infringer shall compensate; Article 1179 lists the items of compensation for personal injury; Articles 118 and following establish the rules of joint and several liability and proportionate liability. Article 21 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accident Liability (effective July 1, 2006 and amended in 2019) stipulates the scope of compensation by insurance companies to victims. Practical suggestions: Report the accident to the police for determination of responsibility and copy the other party's insurance policy immediately; Preserve evidence and calculate all losses; Sue both the insurance company and the party at fault; Apply for property preservation before or during the litigation; Apply for enforcement promptly after the judgment. For details on exemptions and enforcement, please refer to the relevant provisions.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Advice

Insurance coverage that is insufficient for compensation does not mean that the victim has suffered in vain. The law holds the infringer's personal assets responsible for final compensation, but the key lies in whether the assets can be traced and executed. Henglu Law Firm advises that three things should be done early when handling such accidents: First, make full use of the insurance coverage and fully calculate long-term items such as disability compensation to accurately identify the difference in compensation; Second, apply for property preservation in a timely manner before and after suing to prevent the fully responsible party from transferring assets; Third, pay attention to the three-year statute of limitations to avoid neglecting rights. Even if the fully responsible party has no assets, don't give up easily. You can continuously track their income and property changes through enforcement investigation. When negotiation encounters obstacles, it is recommended to consult a professional lawyer as soon as possible. You can visitBeijing Henglu Law FirmObtain experience in handling traffic accidents and enforcement cases.

VI. Frequently Asked Questions

Q1: If the other party is fully at fault but the insurance coverage is insufficient, who should I ask to cover the difference?

The difference in compensation should be claimed from the party at fault, that is, the infringer himself. According to Article 1213 of the Civil Code, the order of compensation is as follows: compulsory insurance, commercial insurance, and the infringer; if there is still a shortage after the insurance compensation, the party at fault shall make up the difference with his personal property. The injured party may list the party at fault and the insurance company as defendants in the same lawsuit to request the insurance company to compensate within the limit and the party at fault to compensate for the excess, so as to avoid a two-step process. If the party at fault refuses to pay, he may apply for compulsory execution of his deposits, vehicles, real estate and other property according to the effective judgment. Note to keep all medical and loss of income receipts, accurately calculate the shortage, and prevent under-claiming.

Q2: If the party at fault doesn't have the money to pay compensation, can I apply to seize his/her property?

Yes, and it should be done as soon as possible. In the lawsuit, the injured party can apply for property preservation and request the court to seize and freeze the bank deposits, vehicles, real estate, equity, etc. of the party at fault; if the situation is urgent and it will be difficult to enforce without immediate preservation, they can also apply for pre-litigation preservation, but they need to file a lawsuit within the statutory time limit after preservation. If the other party still fails to perform after the judgment takes effect, they can apply for compulsory enforcement. The court can seize, detain, and auction their property, and take measures such as restricting their high-consumption and adding them to the list of dishonest people. The key is to find out the other party's property clues before suing to prevent them from transferring their assets; if the clues are unclear, they can apply to the court for online investigation and control. The relevant operations can be combined withCreditor-debtor relations and enforcement case servicesAdvance.

Q3: If the compensation from compulsory insurance is not enough, how can commercial insurance be used to make up the difference?

After the Compulsory Traffic Insurance compensates for the losses, the remaining losses will be compensated according to the contractual provisions and the proportion of responsibility for the accident. After the Compulsory Traffic Insurance limit is exhausted, the part of the injured person's reasonable losses covered by the commercial insurance will be compensated by the insurance company within the limit according to the policy; if the commercial insurance is still insufficient, the remaining amount shall be borne by the party at fault. It is necessary to pay attention to the deductible, deductible rate and exclusion clauses of the policy. In some cases, the insurance company will deduct or refuse to compensate, and the gap will be filled by the infringer at this time. The injured person should request the policy from the party at fault, verify the commercial insurance limit and exclusion clauses, and, if necessary, have the court review the validity of the clauses in the litigation to ensure a smooth transition and no omission of compensation.

Q4: If the fully responsible party is driving the company car, can they seek compensation from the company?

Yes, if it is related to performing work duties, you should contact the company. According to Article 1191 of the Civil Code, if an employer's staff member causes damage to others while performing work duties, the employer shall bear tort liability; therefore, if the driver is fully responsible while driving the company's vehicle for work, the compensation obligation lies with the company. If the insurance is insufficient, the company shall make up the difference with its own funds. After the company makes compensation, it may recover the compensation from the employee who acted with intent or gross negligence, but this does not affect the injured person's right to seek compensation from the company. The key points to determine whether the driving is in the performance of duties, whether it is under the company's instructions, and whether the benefits belong to the company. The injured person may list both the company and the insurance company as defendants. If it is a private car, the driver should still be held personally liable. It is important to distinguish the nature of the car use and provide evidence for this.

Q5: If I can't get compensation, will it be invalidated if the statute of limitations has passed?

Yes, the statute of limitations for personal injury compensation is three years, starting from the date when the right holder knows or should have known that their rights have been infringed and the obligee's identity. If the lawsuit is filed after the statute of limitations has passed, and the other party raises a defense, the court will no longer enforce protection, and the compensation request may fail. However, the statute of limitations can be interrupted and restarted by filing a lawsuit, asserting rights, or the other party agreeing to perform their obligations; records of collection during treatment or negotiations can also serve as interruptions. The injured party does not need to wait until the end of treatment to take action. They can preserve evidence of collection while determining liability and obtaining insurance compensation; if they estimate that the insurance coverage is insufficient or the other party is delaying payment, they should file a lawsuit and apply for preservation measures as soon as possible to prevent the risks of both the statute of limitations passing and the transfer of assets overlapping.

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

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