[Direct answer]In the Beijing area, there are two yardsticks for assessing the risk types and the 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. Moreover, the exemption clauses that have been explained and informed to the insured are generally effective in judicial practice—the claim order of the victim is: compulsory motor vehicle liability insurance first, the infringer bears the final responsibility, and the commercial insurance follows the clauses.

1. Problem background and typical scenarios

After the party ended, the driver luckily drove away, but accidentally injured a passerby 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 places the victim and the driver in completely opposite positions, and the rules need to be discussed separately.

II. Key points of contention

First, the compulsory insurance compensates for drunk driving first and then pursues claims against the driver. Second, the effectiveness of the exemption clauses in commercial insurance. Third, the order of claims by victims. Fourth, the overlapping criminal responsibilities of drunk drivers.

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 the 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 from the drunk driver" is a statutory structure; however, this underlying protection only applies to personal injury, and the insurance company does not bear liability for property damage (such as vehicle repair). If an accident occurs when the alcohol concentration in the driver's blood is below 80 mg/100 ml (not reaching 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 liability insurance clauses generally list alcohol consumption and drunk driving as exemption items. If the insurance company fulfills its obligation to provide clear explanations and notifications about the exemption clauses (e.g., signing the insurance policy, highlighting the clauses, or signing a separate agreement), the exemption clauses are valid and generally supported by the court; otherwise, the exemption clauses are not enforceable, and there may be exceptions in individual cases – the focus of review is on the evidence of the insurance process. Those who obtain insurance policies legitimately should not expect commercial insurance to cover drunk driving. Third, the victim's complete claim chain: First, claim compensation within the compulsory insurance limit (currently 180,000 yuan for death or disability and 18,000 yuan for medical expenses); for the excess amount, the infringer shall compensate according to the liability for the accident, and the commercial insurance company shall compensate according to the clauses if liable, and the drunk driver shall bear the responsibility personally; the victim should list the driver, the compulsory insurance company, and the commercial insurance company as defendants to resolve the matter once and for all; for cases with high execution risks (where the drunk driver lacks sufficient compensation capacity), it is necessary to preserve the vehicle and property before the lawsuit to ensure that the judgment will be enforced. Fourth, the criminal overlapping of drunk drivers: 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, which is subject to heavier punishment; if drunk driving alone does not cause any damage, it constitutes the crime of dangerous driving – the compensation agreement reached in the criminal process directly affects the sentencing. For the families of drunk drivers, actively providing compensation and obtaining a letter of understanding is a window for the intersection of criminal defense and civil claims. On the victim's side, it is necessary to grasp the negotiation rhythm and not issue a letter of understanding easily before the compensation agreement is signed.

IV. Practical suggestions and legal basis

The first step is to immediately call the police after the accident and request a blood alcohol test to secure evidence. The second step is to prioritize the victim's treatment and apply for the Compulsory Motor Third-Party Liability Insurance to cover the rescue costs. The third step is to list the driver, the Compulsory Motor Third-Party Liability Insurance company, and the commercial insurance company as co-defendants when making a claim. The fourth step is to negotiate and formalize a criminal settlement and civil compensation simultaneously. 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 Liability, and Article 133-1 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 Advice

There are three key points regarding compensation for drunk driving accidents: Compulsory insurance first compensates for personal injuries and then seeks reimbursement from the driver; commercial insurance policies typically include effective exemption clauses, so don't expect others to foot the bill for drunk driving; and victims should first obtain emergency funds before pursuing compensation, as a letter of understanding serves as 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 disputesYou will receive a comprehensive solution for the service, 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 reference.Creditor's rights and debts, and enforcementFor any questions regarding difficult cases, please feel free to consult us via the columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Does compulsory insurance cover the compensation for a drunk driving accident that injures others?

For personal injury, the insurer shall compensate within the limits of the compulsory insurance, and then seek reimbursement from the drunk driver after the compensation; for property damage, no compensation will be provided.

Q2: I drank a little bit of 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 insurance will be paid normally and no compensation will be sought; 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?

Driving under the influence of alcohol or drugs is covered by the exemption clause. The exemption clause that has been explained and notified is valid; in cases where no such explanation and notification have been provided, the party involved may argue that the clause is not enforceable.

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

The insured may apply to the insurance company to advance the rescue expenses within the limits of the compulsory insurance, and the insured 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 paid 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 compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits. →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. If a dispute arises, please consult a practicing lawyer in time.