How to Claim Compensation When Your Vehicle is Rear-Ended and the Other Party is Fully at Fault?
2 Answers
Introduction to claiming compensation when your vehicle is rear-ended and the other party is fully at fault: If your vehicle is rear-ended and the other party is fully at fault, you can directly claim compensation from the other party's insurance company by presenting the accident responsibility determination certificate issued by the traffic police, along with the repair cost invoices and receipts. This falls under the property loss compensation of compulsory traffic insurance. If both parties cannot reach an agreement on compensation, you can directly file a lawsuit against the other party and their insurance company. The following is the legal basis: Article 15 of the "Interpretation of Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases": (1) Expenses incurred for repairing the damaged vehicle, loss of items carried in the vehicle, and vehicle rescue costs; (2) If the vehicle is destroyed or cannot be repaired, the replacement cost for a vehicle of equivalent value at the time of the accident; (3) For vehicles legally engaged in commercial activities such as goods or passenger transportation, reasonable losses due to inability to engage in corresponding business activities; (4) For non-commercial vehicles, reasonable costs for alternative transportation due to inability to continue using the vehicle.
I was rear-ended last week, and the other party was fully at fault. That day, while driving home, my car suddenly got a strong jolt from behind, which really startled me. I immediately pulled over and turned on the hazard lights. After confirming no one was injured, I got out of the car. Remember to take comprehensive photos: license plates, damage points, road conditions, and the overall accident scene. I called the police, and they arrived within minutes to issue a liability determination, stating the other party was fully at fault. Then, I contacted my insurance company to file a claim, and they arranged for a tow truck to take the car to the repair shop. The repairs took three days, and the other party's insurance provided a rental car. When filing the claim, just provide all the evidence—it was hassle-free. The accident taught me safe driving habits, like checking the rearview mirror frequently and adjusting the following distance. The whole process went smoothly, though it did delay a date. I recommend all car owners equip their vehicles with dash cams for easier evidence collection.
