The insurance company made a mistake about the brand and model, which made it impossible for me to get a license. How can I compensate appropriately?
2. A third party
case analysis
1, a car (someone behind), b car (car).
2. A car is not responsible, and B car is fully responsible. Car B can pay up to 2,000 yuan for physical injury and 50,000 yuan for personal injury.
Three risks and then compensation are not enough. A car is not liable to compensate 400 yuan.
3. Car A is responsible. If car B is not responsible, the personnel on car A are responsible for paying the passengers. According to the highest property loss of 2000 yuan, 400 yuan will be paid 50,000 yuan for the injured and 50,000 yuan for the car without compulsory transportation.
The above answers are for reference only.
Regulations on compulsory liability insurance for motor vehicle traffic accidents
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Road Traffic Safety Law of the People's Republic of China and the Insurance Law of People's Republic of China (PRC) in order to ensure that the victims of motor vehicle road traffic accidents get compensation according to law and promote road traffic safety.
Article 2 The owner or manager of a motor vehicle driving on the road in People's Republic of China (PRC) shall handle compulsory motor vehicle traffic accident liability insurance in accordance with the provisions of the Road Traffic Safety Law of the People's Republic of China.
These Regulations shall apply to the insurance, compensation, supervision and management of compulsory motor vehicle traffic accident liability insurance.
Article 3 The compulsory motor vehicle traffic accident liability insurance mentioned in these Regulations refers to the compulsory liability insurance in which the insurance company compensates the victims except the vehicle personnel and the insured for personal injuries and property losses caused by the road traffic accident of the insured motor vehicle within the limit of liability.
Article 4 The the State Council Insurance Regulatory Authority (hereinafter referred to as the China Insurance Regulatory Commission) shall supervise and administer the motor vehicle traffic accident liability compulsory insurance business of insurance companies according to law.
The traffic administrative department of the public security organ and the competent department of agriculture (agricultural machinery) (hereinafter referred to as the motor vehicle administrative department) shall supervise and inspect the participation of motor vehicles in compulsory liability insurance for motor vehicle traffic accidents. Motor vehicles that have not participated in compulsory motor vehicle traffic accident liability insurance shall not be registered by the motor vehicle management department, and shall not be inspected by the motor vehicle safety technical inspection agency.
The traffic administrative department of the public security organ and its traffic police shall, when investigating and handling road traffic safety violations and road traffic accidents, check the insurance signs of compulsory motor vehicle traffic accident liability insurance according to law.
Chapter II Insurance
Article 5 With the approval of the China Insurance Regulatory Commission, Chinese-funded insurance companies (hereinafter referred to as insurance companies) may engage in compulsory motor vehicle traffic accident liability insurance business.
In order to ensure the implementation of compulsory motor vehicle traffic accident liability insurance system, China CIRC has the right to require insurance companies to engage in compulsory motor vehicle traffic accident liability insurance business.
Without the approval of the China Insurance Regulatory Commission, no unit or individual may engage in compulsory motor vehicle traffic accident liability insurance business.
Article 6 Compulsory motor vehicle traffic accident liability insurance shall implement uniform insurance clauses and basic insurance rates. The China Insurance Regulatory Commission shall, in accordance with the principle that compulsory motor vehicle traffic accident liability insurance business is generally unprofitable and loss-free, approve the insurance premium rate.
When examining and approving the insurance premium rate, the China Insurance Regulatory Commission may engage relevant professional institutions to make an assessment, and may hold a hearing to listen to public opinions.
Article 7 The compulsory motor vehicle traffic accident liability insurance business of an insurance company shall be managed and accounted for separately from other insurance businesses.
China CIRC will inspect the compulsory insurance business of motor vehicle traffic accident liability of insurance companies every year and announce it to the public; According to the overall profit and loss of the motor vehicle traffic accident liability compulsory insurance business of the insurance company, the insurance company may be required or allowed to adjust the insurance rate accordingly.
If the premium rate is substantially adjusted, the China CIRC shall hold a hearing.
Article 8 If the insured motor vehicle has no road traffic safety violations or road traffic accidents, the insurance company shall reduce its insurance premium rate in the next year. In the following years, if the insured motor vehicle still has no road traffic safety violations and road traffic accidents, the insurance company shall continue to reduce its insurance premium rate to the minimum standard. If the insured motor vehicle has a road traffic safety violation or a road traffic accident, the insurance company shall raise the insurance premium rate in the next year. In case of repeated road traffic safety violations, road traffic accidents and major road traffic accidents, the insurance company shall raise the insurance premium rate. If the insured is not at fault in the road traffic accident, the insurance premium rate will not be increased. The standards for lowering or raising the insurance premium rate shall be formulated by the CIRC of China jointly with the public security department of the State Council.
Article 9 The China Insurance Regulatory Commission, the public security department of the State Council, the competent agricultural department of the State Council and other relevant departments shall gradually establish a mechanism for compulsory motor vehicle traffic accident liability insurance, road traffic safety violations and information sharing of road traffic accidents.
Article 10 When applying for insurance, the applicant shall choose an insurance company with the qualification to engage in compulsory motor vehicle traffic accident liability insurance business, and the selected insurance company shall not refuse or delay underwriting.
China CIRC shall announce to the public the insurance companies that have the qualification to engage in compulsory insurance for motor vehicle traffic accidents.
Article 11 When applying for insurance, the applicant shall truthfully inform the insurance company of important matters.
Important matters include motor vehicle type, brand model, identification code, license plate number, nature of use, name (name), gender, age, residence, ID card or driver's license number (organization code), motor vehicle accidents before renewal and other matters specified by China CIRC.
Article 12 When signing a compulsory motor vehicle traffic accident liability insurance contract, the applicant shall pay all the insurance premiums in one lump sum; An insurance company shall issue an insurance policy and an insurance mark to the insured. Insurance policies and insurance signs shall indicate the number, license plate number, insurance period, name, address and telephone number of the insurance company.
The insured shall put an insurance sign on the insured motor vehicle.
The style of insurance signs is unified throughout the country. Insurance policies and insurance signs shall be supervised by the China Insurance Regulatory Commission. No unit or individual may forge, alter or use forged or altered insurance policies or insurance signs.
Article 13 When signing a compulsory motor vehicle traffic accident liability insurance contract, the applicant shall not put forward any additional conditions other than the insurance clauses and insurance rates to the insurance company.
When an insurance company signs a compulsory motor vehicle traffic accident liability insurance contract, it shall not force the applicant to conclude a commercial insurance contract or make other requirements.
Article 14 An insurance company shall not terminate the compulsory insurance contract for motor vehicle traffic accident liability; However, unless the applicant fails to fulfill the obligation to truthfully inform important matters.
Before the insurance company terminates the contract, it shall notify the applicant in writing, and the applicant shall fulfill the obligation of truthfully informing within 5 days from the date of receiving the notice; If the applicant fulfills the obligation of truthful disclosure within the above-mentioned time limit, the insurance company shall not terminate the contract.
Article 15 If an insurance company cancels the compulsory insurance contract for motor vehicle traffic accident liability, it shall take back the insurance policy and insurance mark and notify the motor vehicle management department in writing.
Article 16 Except in the following circumstances, the applicant shall not terminate the compulsory insurance contract for motor vehicle traffic accident liability:
(1) The insured motor vehicle is deregistered according to law;
(2) The insured motor vehicle stops driving;
(3) The insured motor vehicle is confirmed to be lost by the public security organ.
Article 17 Before the termination of the motor vehicle traffic accident liability compulsory insurance contract, the insurance company shall bear the insurance liability according to the contract.
When the contract is terminated, the insurance company may collect the insurance premium from the date when the insurance liability starts to the date when the contract is terminated, and return the rest of the insurance premium to the applicant.
Article 18 Where the ownership of the insured motor vehicle is transferred, the procedures for changing the compulsory motor vehicle traffic accident liability insurance contract shall be handled.
Nineteenth motor vehicle traffic accident liability compulsory insurance contract expires, the applicant shall timely renew the insurance, and provide the insurance policy for the previous year.
Article 20 The insurance period of compulsory motor vehicle traffic accident liability insurance is 1 year, but under any of the following circumstances, the applicant may apply for short-term compulsory motor vehicle traffic accident liability insurance:
(1) Temporary entry of foreign motor vehicles;
(two) motor vehicles temporarily on the road;
(three) the motor vehicle is less than 1 year from the specified retirement period;
(4) Other circumstances stipulated by the China Insurance Regulatory Commission.
Chapter III Compensation
Article 21 If a road traffic accident happens to an insured motor vehicle, resulting in personal injury or property loss to the victims other than those on board and the insured, the insurance company shall compensate the insured within the limits of compulsory motor vehicle traffic accident liability insurance according to law.
The loss caused by the road traffic accident is intentionally caused by the victim, and the insurance company will not compensate.
Article 22 Under any of the following circumstances, an insurance company shall pay the rescue expenses in advance within the liability limit of compulsory motor vehicle traffic accident liability insurance, and have the right to recover from the victims:
(a) the driver has not obtained the driving qualification or is drunk;
(2) The insured motor vehicle was stolen during the accident;
(3) The insured intentionally creates a road traffic accident.
Under any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs and property losses are caused to the victim, the insurance company shall not be liable for compensation.
Twenty-third motor vehicle traffic accident liability compulsory insurance to implement a unified national liability limit. The liability limits are divided into death and disability compensation limits, medical expenses compensation limits, property loss compensation limits and compensation limits for which the insured is not liable in road traffic accidents.
The liability limit of compulsory motor vehicle traffic accident liability insurance shall be stipulated by the China Insurance Regulatory Commission jointly with the public security department of the State Council, the health department of the State Council and the agricultural department of the State Council.
Article 24 The State establishes a social relief fund for road traffic accidents (hereinafter referred to as the relief fund). Under any of the following circumstances, the funeral expenses and part or all of the rescue expenses of the victims of road traffic accidents shall be paid in advance by the relief fund, and the relief fund management institution shall have the right to recover from the persons responsible for road traffic accidents:
(a) the cost of rescue exceeds the liability limit of compulsory insurance for motor vehicle traffic accidents;
(two) the motor vehicle did not participate in the compulsory insurance of motor vehicle traffic accident liability;
(3) A motor vehicle escapes after an accident.
Twenty-fifth sources of relief funds include:
(a) according to a certain proportion of motor vehicle traffic accident liability compulsory insurance premium funds;
(two) the motor vehicle owner or manager fails to take out compulsory motor vehicle traffic accident liability insurance in accordance with the regulations;
(three) the funds recovered by the relief fund management institution from the person responsible for the road traffic accident according to law;
(four) the fruits of the relief fund;
(5) Other funds.
Twenty-sixth specific measures for the administration of relief funds shall be formulated by the financial department of the State Council in conjunction with the China Insurance Regulatory Commission, the public security department of the State Council, the Ministry of Health of the State Council and the agricultural department of the State Council for trial implementation.
Article 27 If an insured motor vehicle has a road traffic accident and the insured or the victim notifies the insurance company, the insurance company shall give an immediate reply and inform the insured or the victim of the specific compensation procedures and other related matters.
Article 28 If an insured motor vehicle has a road traffic accident, the insured shall apply to the insurance company for compensation. The insurance company shall, within 1 day from the date of receiving the application for compensation, inform the insured in writing of the certificates and materials related to compensation that need to be provided to the insurance company.
Article 29 An insurance company shall, within 5 days from the date of receiving the certificates and materials provided by the insured, verify whether it belongs to the insurance liability, and notify the insured of the result; If it does not belong to the insurance liability, it shall explain the reasons in writing; For the insured, the insurance premium shall be compensated within 10 days after reaching an agreement with the insured.
Thirtieth the insured and the insurance company compensation disputes, you can apply for arbitration or bring a lawsuit to the people's court according to law.
Article 31 An insurance company may directly compensate the insured or the victim. However, if the insurance company needs to pay or advance the rescue expenses for rescuing the injured, the insurance company shall pay or advance the rescue expenses to the medical institution in time after receiving the notice from the traffic management department of the public security organ. If the rescue fund management institution needs to pay the rescue expenses for rescuing the injured, after receiving the notice from the traffic management department of the public security organ, the rescue fund management institution shall pay the rescue expenses to the medical institution in time after verification.
Thirty-second medical institutions should refer to the relevant clinical diagnosis and treatment guidelines formulated by the health authorities in the State Council to rescue and treat the injured in road traffic accidents.
Article 33 Where an insurance company compensates insurance money or advances rescue expenses, and the rescue fund management institution advances rescue expenses, it shall verify the relevant information with the relevant departments and medical institutions, and the relevant departments and medical institutions shall cooperate.
Article 34 The staff of insurance companies and rescue fund management institutions shall keep the personal privacy of the parties concerned.
Thirty-fifth road traffic accident damage compensation items and standards in accordance with the provisions of relevant laws.
Chapter IV Punishment
Thirty-sixth without the approval of the China Insurance Regulatory Commission, illegally engaged in motor vehicle traffic accident liability compulsory insurance business, shall be banned by the China Insurance Regulatory Commission; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, the CIRC will confiscate the illegal income, and if the illegal income is more than 200,000 yuan, it will also impose a fine of more than/kloc-0 and less than 5 times the illegal income; If there is no illegal income or the illegal income is less than 200,000 yuan, a fine ranging from 200,000 yuan to 6,543.8+0,000 yuan shall be imposed.
Article 37 Where an insurance company engages in compulsory motor vehicle traffic accident liability insurance business without the approval of the China Insurance Regulatory Commission, the China Insurance Regulatory Commission shall order it to make corrections, order it to return the premium it has collected, confiscate its illegal income, and impose a fine of not less than 1 times but not more than 5 times its illegal income; If there is no illegal income or the illegal income is less than 654.38+10,000 yuan, a fine of 654.38+10,000 yuan but less than 500,000 yuan shall be imposed; If it fails to make corrections within the time limit or causes serious consequences, it shall be ordered to suspend business for rectification or revoke its insurance business license.
Thirty-eighth insurance companies in violation of the provisions of this Ordinance, one of the following acts, the China Insurance Regulatory Commission shall order it to make corrections, and impose a fine of 50 thousand yuan to 300 thousand yuan; If the circumstances are serious, the business scope may be restricted, the business may be ordered to stop accepting new business or the insurance business license may be revoked:
(1) Refusing or delaying compulsory motor vehicle traffic accident liability insurance;
(2) Failing to operate compulsory motor vehicle traffic accident liability insurance business in accordance with uniform insurance clauses and basic insurance rates;
(3) Failing to separately manage and account for the motor vehicle traffic accident liability compulsory insurance business and other insurance businesses;
(4) Forcing the applicant to conclude a commercial insurance contract;
(five) in violation of the provisions of the motor vehicle traffic accident liability compulsory insurance contract;
(6) Refusing to perform the agreed obligation of insurance compensation;
(seven) failing to pay or advance the rescue expenses in time in accordance with the provisions.
Article 39 If the owner or manager of a motor vehicle fails to take out compulsory motor vehicle traffic accident liability insurance according to the regulations, the traffic administrative department of the public security organ shall detain the motor vehicle, notify the owner or manager of the motor vehicle to take out insurance according to the regulations, and impose a fine of twice the insurance premium payable according to the minimum liability limit.
If the owner or manager of a motor vehicle reissues compulsory motor vehicle traffic accident liability insurance in accordance with regulations, he shall return the motor vehicle in time.
Article 40 If the motor vehicle driving on the road is not marked with the insurance sign, the traffic administrative department of the public security organ shall detain the motor vehicle, notify the parties to provide the insurance sign or go through the corresponding formalities, and may give a warning or impose a fine of more than 20 yuan and less than 200 yuan.
If the parties provide insurance signs or go through corresponding formalities, they shall return the motor vehicle in time.
Article 41 Whoever forges, alters or uses forged or altered insurance signs, or uses insurance signs of other motor vehicles, shall be confiscated by the traffic administrative department of the public security organ, and the motor vehicle shall be detained, and a fine of not less than 2,000 yuan in 200 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the parties provide corresponding legal certificates or go through corresponding formalities, they shall return the motor vehicle in time.
Chapter V Supplementary Provisions
Article 42 The meanings of the following terms in these Regulations:
(1) The applicant refers to the owner or manager of a motor vehicle who has signed a compulsory motor vehicle traffic accident liability insurance contract with an insurance company and has the obligation to pay the insurance premium according to the contract.
(2) The insured refers to the applicant and his licensed legal driver.
(III) Rescue expenses refer to the medical expenses incurred by medical institutions to take necessary treatment measures for the injured whose vital signs are unstable and stable, or will endanger their lives, or lead to disability, organ dysfunction, or obviously prolong the course of disease, with reference to the relevant clinical diagnosis and treatment guidelines organized by the health authorities in the State Council. Article 43 These Regulations shall apply mutatis mutandis to the compensation for personal injuries and property losses caused by accidents when motor vehicles pass in places other than roads. Article 44 Measures for China People's Liberation Army and Chinese People's Armed Police Force to participate in compulsory motor vehicle traffic accident liability insurance shall be formulated separately by China People's Liberation Army and Chinese People's Armed Police Force. Forty-fifth motor vehicle owners and managers shall, within 3 months from the date of implementation of these regulations, take out compulsory motor vehicle traffic accident liability insurance; Before the implementation of these regulations, commercial motor vehicle third party liability insurance was insured. At the expiration of the insurance period, compulsory motor vehicle traffic accident liability insurance shall be insured.
The forty-sixth of this Ordinance since July 6, 2006.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.