Can I Claim Compensation If My Car Was Rear-Ended and the Other Party Is Fully at Fault?
2 Answers
If your car was rear-ended and the other party is fully at fault, you can claim compensation for the repair period. Here is relevant information: Tortfeasor: In a traffic accident where one party is fully at fault, the compensation amount should be borne by the tortfeasor. If the at-fault vehicle is insured, the insurance company will cover the compensation within the policy limits, and any amount exceeding the insurance limit will be borne by the tortfeasor. Regulation: Article 17 of the 'Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases' stipulates: If a victim suffers personal injury, the compensation obligor shall compensate for various expenses incurred during medical treatment and the reduced income due to lost work, including medical expenses, lost wages, nursing fees, transportation costs, accommodation fees, hospitalization meal subsidies, and necessary nutrition fees.
Last month, I was rear-ended on the highway by a guy who dozed off while driving and wasn’t paying attention to the road. The rear bumper was dented, and the taillights were shattered. I immediately stayed calm, turned on the hazard lights, and pulled over. After making sure no one was injured, I took photos of the scene, including the license plates, vehicle damage, and traffic signs. Then, I reported it to the traffic police to determine liability—he was found fully at fault, which was noted in the accident report. I contacted my insurance company, and they helped me find a repair shop that estimated the repairs at 6,000 RMB, all covered by the other party’s insurance. The car was in the shop for four days, and I successfully claimed reimbursement for the 800 RMB I spent on a rental car. The key takeaway is not to settle privately—always insist on following the formal process to secure compensation, including repair costs and other losses like lost wages if you had to take time off work. Looking back, handling the accident methodically is best, and next time, I’ll install a dashcam to make things even easier. In short, the at-fault party must take full responsibility—not a single penny should be lost.
