[Direct answer]In the Beijing area, there are two criteria for assessing the risk and severity of drunk driving—compulsory motor vehicle liability insurance: normal compensation for drink driving (not reaching the level of drunk driving); if drunk driving results in personal injury to a third party, the insurance company shall still compensate the victim within the liability limit of compulsory motor vehicle liability insurance, but after compensation, it has the right to recover the full amount from the drunk driver; property damage will not be compensated—for the victim, it is a principle to get the life-saving money first; commercial third-party liability insurance: drunk driving and drunk driving are typical exemption clauses, and the insurance company shall exempt the compensation according to the clauses, and the exemption clauses have been generally effective in the judicial system after being explained and notified—the victim's claim order: compulsory motor vehicle liability insurance first, the infringer bears the responsibility, and commercial insurance follows the clauses.

I. Problem background and typical scenarios

After the party ended, the driver luckily drove away, but accidentally injured a passer-by who was seriously hospitalized. The victim was waiting for the medical expenses to save his life, while the driver was hoping the insurance company would pay for it. However, the insurance company invoked the exemption clause—the compensation pattern of drunk driving accidents puts the victim and the driver in completely opposite positions, and the rules need to be explained separately.

II. Key points of contention

First, the compulsory insurance compensates for drunk driving first and then pursues recovery. Second, the effectiveness of the exemption clauses in commercial insurance. Third, the order of the victim's claim. Fourth, the overlapping criminal responsibility of the drunk driver.

III. Professional analysis by Henglue Lawyers

First, the underlying logic of compulsory insurance: The legislative purpose of compulsory insurance is to ensure that victims receive basic relief. Even if a driver causes personal injury to a third party while driving under the influence of alcohol, if the victim requests the insurance company to compensate within the liability limit of compulsory insurance, the court shall support it; after the insurance company makes the payment, it may recover the compensation from the infringer within the scope of compensation - "compensating the victim first and then recovering the compensation from the drunk driver" is a statutory structure; however, this underlying protection only applies to personal injury, and the insurance company does not bear responsibility for property losses (such as vehicle repairs); if an accident occurs when the alcohol content in the driver's blood is below 80 mg/100 ml and does not meet the standard for drunk driving, compulsory insurance will provide normal compensation without recovery of the compensation. Second, the defense against exemption clauses in commercial insurance: Commercial third-party insurance clauses generally list alcohol consumption and drunk driving as exemption clauses. If the insurance company fulfills its obligation to provide clear and sufficient explanations of the exemption clauses (by signing the insurance policy, highlighting the clauses in bold, or signing a separate agreement), the exemption clauses are valid and generally supported by the court; if the insurance company fails to fulfill its obligation to provide clear and sufficient explanations, the exemption clauses are not effective. In some cases, the court may overturn the decision - the review point is the evidence of the insurance process. If the insured obtains the insurance policy in a legitimate manner, they should not expect commercial insurance to pay for drunk driving. Third, the victim's complete claim chain: First, sue for compensation within the limit of compulsory insurance (currently 180,000 yuan for death or disability and 18,000 yuan for medical expenses to save the victim first); for the excess part, the infringer shall compensate according to the accident liability, and the commercial insurance company shall compensate according to the clauses if it is responsible, and the drunk driver shall bear the responsibility personally; the victim lists the driver, the compulsory insurance company, and the commercial insurance company as defendants together to resolve the matter once and for all; for cases with high execution risks (where the drunk driver's compensation capacity is weak), apply for pre-litigation preservation of the vehicle and property, and ensure that the judgment is not delayed. Fourth, the criminal superposition of drunk driving: If drunk driving causes serious injury to one or more people and the drunk driver bears full or main responsibility for the accident, it constitutes the crime of traffic accident endangering safety and shall be given a heavier punishment; if the drunk driver causes no damage, it constitutes the crime of dangerous driving. The compensation and reconciliation agreement in the criminal process directly affect the sentencing. If the family of the drunk driver actively compensates and obtains a reconciliation agreement, it is a window for the intersection of criminal defense and civil claims. The victim's side should grasp the negotiation rhythm and not issue a reconciliation agreement easily before the signing of the compensation agreement.

IV. Practical suggestions and legal basis

First, immediately call the police after the accident and request a blood alcohol test to preserve evidence. Second, prioritize the treatment of the victim, and the medical expenses can be applied for reimbursement from the compulsory insurance to cover the rescue costs. Third, when claiming compensation, list the driver, the compulsory insurance company, and the commercial insurance company as co-defendants. Fourth, negotiate and formalize both the criminal settlement and civil compensation. Main legal basis: Article 1,216 of the Civil Code of the People's Republic of China, Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Cases of Damage Compensation for Road Traffic Accidents, Article 22 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents, and Article 133 of the Criminal Law of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three sentences on compensation for drunk driving: Compulsory insurance first compensates for personal injury and then seeks recovery of compensation from the drunk driver; commercial insurance disclaimers are usually valid, so don't expect others to pay for your drunk driving; victims should first get the money needed for survival and then discuss compensation; a letter of forgiveness is a bargaining chip in civil negotiations. For personal injury claims involving drunk driving accidents, you can proceed through the following channels:Personal injury and medical disputesThe service provides a comprehensive solution, which can be combined with criminal defense for dangerous driving cases.Criminal defense and criminal case filingFor plates involving the enforcement and recovery of compensation payments, you can refer to the following for referenceCreditor's rights and debts, and enforcementFor any questions regarding difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Does compulsory insurance cover the compensation for a drunk driving accident that results in injuries to others?

For personal injury, the insurance company will compensate the victim within the limits of compulsory insurance, and then seek reimbursement from the driver who was driving under the influence after the compensation; for property damage, no compensation will be provided.

Q2: I drank a little alcohol, but I'm not drunk enough to be considered a drunk driver, right?

For those whose blood alcohol content does not meet the standard for drunk driving, the compulsory motor vehicle liability insurance will provide normal compensation and will not seek reimbursement; the commercial insurance will still be handled in accordance with the exemption clauses.

Q3: Why was the claim for commercial third-party liability insurance denied?

Drunk driving and driving under the influence of alcohol are covered by the exemption clause, and the exemption explained after being prompted is valid; in cases where no prompt or explanation is provided, the insured can argue that the clause is not effective.

Q4: Who should advance the victim's medical expenses first?

The insurer may advance the rescue expenses within the limits of the compulsory insurance, and the driver shall advance the insufficient part. The expenses shall be settled together when making a claim.

Q5: Should a letter of understanding be issued?

The criminal sentencing is linked to civil compensation. It is recommended that the compensation be in place or a guarantee provided before the sentencing is issued, and a written compensation agreement should be signed at the same time.

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 for specific cases.

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 Henglu Law Firm

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