Can I Claim Compensation for My Car If I'm Fully at Fault in a Rear-End Collision?
3 Answers
You must have purchased compulsory traffic insurance (CTI) and third-party liability insurance. The first two types of insurance cover the other party's losses, while vehicle damage insurance compensates for your own vehicle's losses. If you are fully at fault in an accident, compensation will first be made through CTI. As long as you are at fault (partial fault, equal fault, primary fault, or full fault), the compensation amount under compulsory third-party insurance is the same because it only distinguishes between being at fault or not. Below are relevant details: 1. Compulsory Third-Party Insurance: The compensation limits for compulsory third-party insurance when at fault are 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property damage. Compensation is paid within the CTI coverage limit, and any amount exceeding this limit is covered by third-party liability insurance. Commercial third-party insurance is a type of insurance where the insurer assumes responsibility for third-party losses. 2. Third-Party Explanation: A third-party refers to victims other than the policyholder, the insured, or the insurer who suffer losses due to an accident involving the insured vehicle. If the claim exceeds the third-party liability insurance coverage, the vehicle owner must bear the additional costs.
I was rear-ended the last time I drove, and I was completely stunned at the time. Since the other party was fully at fault, they are definitely responsible for covering the repair costs. First, you need to call the police and have the traffic police issue an accident liability determination certificate—this is especially important, as all subsequent claims depend on this document. Then, ask the other party to contact their insurance company to file a report and wait for the claims adjuster to assess the vehicle damage. If the other party is uncooperative, don’t panic—you can apply for subrogation through your own insurance company. Although your premium might increase next year, it’s better than being left with no recourse. For repairs, it’s advisable to go to a 4S shop, as they can settle directly with the other party’s insurance company, so you won’t need to pay upfront. The entire process usually takes about two to three weeks. Remember to take photos as evidence throughout, including the other party’s license plate, insurance policy, and the collision location at the scene.
From a legal perspective, the liability allocation in rear-end collisions is clearly defined. The rear vehicle bears full responsibility and must cover all reasonable losses of the front vehicle, including repair costs. However, many people are unaware of the practical procedures: obtaining a written accident liability certificate issued by traffic police is mandatory, as it serves as the foundational evidence for claims. Subsequently, contact the other party's insurance company for damage assessment and claim settlement. If the other party only has compulsory traffic insurance (which may be insufficient), you'll need to cover the shortfall yourself or seek compensation through litigation. It's advisable to include comprehensive insurance and third-party liability coverage when purchasing annual auto insurance. This enables your insurer to pursue subrogation claims on your behalf, saving considerable hassle. Vehicle depreciation losses are generally not covered in compensation unless you can prove a genuine reduction in resale value post-repair.
