[Direct answer]This needs to be viewed from two perspectives. First, the compulsory motor vehicle liability insurance compensates within the liability limit: when the insured is at fault, the compensation limits for death and disability are 180,000 yuan, the compensation limit for medical expenses is 18,000 yuan, and the compensation limit for property damage is 2,000 yuan; the limits are correspondingly reduced when the insured is not at fault. The portion exceeding the compulsory motor vehicle liability insurance limit is compensated by the commercial third-party liability insurance within the insured limit according to the proportion of liability for the accident, and the insured can choose different limits such as 1 million yuan, 2 million yuan, and 3 million yuan; the remaining portion is borne by the infringer himself. Commercial third-party liability insurance usually also applies provisions such as deductibles, deductible amounts, and non-medical insurance drugs.

1. Problem background and typical scenarios

When a traffic accident results in injuries, fatalities, or property damage, the most concerned parties are the coverage amount of the third-party liability insurance and the amount they need to pay themselves. The relationship between compulsory insurance and commercial third-party liability insurance, the structure of the insurance limits, and the deductible and liability ratios directly determine the actual compensation amount. Understanding the order of compensation and the calculation method can help people purchase insurance and claim compensation reasonably.

II. Key points of dispute

First, the order of compensation for compulsory insurance and commercial third-party liability insurance. Second, the composition and amount of the compensation limit. Third, the impact of liability ratios and deductibles. Fourth, how to bear the portion exceeding the limit.

III. Professional analysis by Henglue Lawyers

Firstly, compulsory insurance takes precedence: Article 76 of the "Road Traffic Safety Law of the People's Republic of China" establishes the compensation rules for motor vehicle traffic accidents and the system of compulsory insurance paying compensation first. Within the liability limits, compulsory insurance pays compensation to victims without considering the proportion of liability. When the insured is at fault, the compensation limits for death and disability are 180,000 yuan, for medical expenses 18,000 yuan, and for property damage 2,000 yuan. When the insured is not at fault, the compensation is made according to the lower limits. Secondly, commercial third-party liability insurance supplements: For the portion exceeding compulsory insurance, commercial third-party liability insurance pays compensation according to the insured's liability proportion within the contractually agreed limits. The insured limits are determined at the time of purchase, typically ranging from 1 million to 3 million yuan, with higher limits corresponding to higher premiums. Thirdly, exemptions and exclusions: Commercial insurance contracts often stipulate exemption clauses for accident liability, such as exemptions for uninspected vehicles or driving license issues, as well as rules for reimbursing out-of-pocket medical expenses and compensation for mental distress. These clauses affect the actual compensation amount received. Fourthly, compensation beyond limits and litigation: If the compensation from compulsory insurance and third-party liability insurance is still insufficient, the infringer shall bear the liability according to their fault. Victims can sue both the infringer and the insurance company, and the insurance company will pay compensation within the liability limits first. In practice, the limits of compulsory insurance have been raised since the comprehensive reform of car insurance in 2020. When purchasing commercial third-party liability insurance, insureds can choose appropriate limits based on the purpose of the vehicle and their risk tolerance to avoid insufficient protection. For disputes involving traffic accident compensation and insurance claims, reference can be made to relevant laws and regulations.Personal injury and medical disputesThe approach to handling the plates; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

IV. Practical suggestions and legal basis

The first step is to report the accident promptly after it occurs and preserve the scene and the materials for the accident determination. The second step is to calculate the scope of compensation within the limits of compulsory auto insurance and commercial third-party liability insurance. The third step is to pay attention to the deductible rate, deductible amount, and exclusion clauses, and evaluate the portion to be borne by the insured. The fourth step is to list the infringer and the insurance company as defendants when making a claim or suing, and claim compensation within the limits. The main legal basis is Article 121 of the Civil Code of the People's Republic of China, Article 76 of the Road Traffic Safety Law of the People's Republic of China, the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents, and the relevant provisions of the Model Clauses for Motor Vehicle Commercial Insurance; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

There are three key points to understand about third-party liability insurance compensation: Compensation is first provided by compulsory insurance, with fixed limits; commercial third-party liability insurance compensates within the insured limits according to the proportion of liability; deductibles and exclusion clauses may reduce the actual compensation amount, so it's important to read the terms carefully when purchasing insurance; and any amount exceeding the insured limits must be borne by the infringer, with the insurance company being included in the lawsuit. For matters related to traffic accidents and insurance claims, you can seek assistance through the following channels:Personal injury and medical disputesObtain a comprehensive solution for the service, integrating disputes over insurance contractsBusiness and contract disputes in enterprisesA reference for the execution of compensation involving plate tectonicsCreditor's rights and debts, and enforcementColumn, consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: What is the maximum compensation amount for compulsory motor vehicle liability insurance?

When the insured is at fault, the maximum compensation for death and disability is 180,000 yuan, the maximum compensation for medical expenses is 18,000 yuan, and the maximum compensation for property loss is 2,000 yuan; when the insured is not at fault, the compensation shall be made according to the lower limit of compensation.

Q2: What factors determine the amount of compensation for third-party liability insurance?

It is related to the insurance coverage limits, the proportion of liability for accidents, and the exemption from liability provisions; for the part that is not covered by the compulsory insurance, the third-party liability insurance will bear the responsibility according to the liability proportion within the insurance coverage limits after the compulsory insurance has paid the compensation.

Q3: Who will bear the cost for the part exceeding the insurance limit?

The infringer shall bear the liability himself; the victim may require the infringer and the insurance company to compensate within the liability limit, and claim the shortage from the infringer. If necessary, the compensation may be achieved through litigation and enforcement.

Q4: Does the third-party liability insurance have a deductible?

Commerical insurance contracts often stipulate liability exemption rates and exemption amounts, and there may also be exemption circumstances such as failure to undergo annual inspections or mismatched certificates and driving licenses. When purchasing insurance and making claims, it is necessary to carefully check the contract terms.

Q5: Can I directly sue the insurance company?

Yes. Victims usually sue the infringer and the insurance company together. The insurance company will first compensate within the liability limits of compulsory insurance and third-party liability insurance, and the excess part will be borne by the infringer.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards 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 relevant evidence materials to avoid missing the statutory time limit. →Financial capital legal services·Beijing Henglu 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.