How to Handle the Situation When Our Vehicle Fails Annual Inspection but the Other Party is Fully at Fault?
4 Answers
If our vehicle fails the annual inspection but the other party is fully at fault, the other party should bear full compensation responsibility. However, driving a vehicle without passing the annual inspection will result in a penalty of 3 demerit points and a fine. Additional information: Vehicle inspection periods: 1. Commercial passenger vehicles must be inspected annually within the first 5 years; after 5 years, they must be inspected every 6 months. 2. Trucks and large or medium-sized non-commercial passenger vehicles must be inspected annually within the first 10 years; after 10 years, they must be inspected every 6 months. 3. Small and mini non-commercial passenger vehicles must be inspected every 2 years within the first 6 years; after 6 years, they must be inspected annually; after 15 years, they must be inspected every 6 months. 4. Tractors and other motor vehicles must be inspected annually.
I've got experience with this! Even though your car hasn't passed the annual inspection, if the traffic police determine the other party is fully at fault, accident compensation and annual inspection are two separate issues. Compulsory traffic insurance can still cover your medical expenses and lost wages, but vehicle repair costs are more complicated. I've seen cases where insurance companies refused commercial insurance claims due to expired inspections—after all, insurers love to exploit loopholes. But remember, legally, accident liability and inspection status aren't directly linked. My advice: get your car inspected ASAP, obtain the new registration, then negotiate with the other party's insurer. Don’t panic if they delay. If needed, take the liability report straight to court—judges usually side with reasonable claims from vehicle owners.
Last year my friend encountered a similar situation. His car was rear-ended without annual inspection, and the traffic police issued an at-fault determination certificate to the other party on the spot. Key points: 1. Don't be intimidated by the other party's insurance company saying they won't pay - directly call the CBIRC complaint hotline 12378, it's the most effective; 2. First take the determination certificate to the DMV to queue for vehicle inspection - inspection stations now have green channels; 3. The medical expenses for your passengers will definitely be covered by compulsory traffic insurance, but your vehicle repair costs depend on commercial insurance terms - prepare the vehicle repair list and quotation in advance. Remember that whether the vehicle had annual inspection at the time of the accident should not affect the other party's liability. Standing firm on your rights is absolutely correct.
First, stay calm—the lack of annual vehicle inspection won't affect the liability determination. Having handled over a dozen similar claims, I can tell you two key points: the other party's compulsory traffic insurance (covering up to ¥18,000 medical expenses + ¥2,000 property damage) must compensate you; disputes may arise over commercial insurance coverage. Here's a 3-step plan: 1) Get the liability statement first, then complete the overdue inspection and keep a copy of the updated vehicle license; 2) When contacting the other party's insurance adjuster, avoid mentioning the inspection issue; 3) Choose a dealership that offers repair cost advances for hassle-free service. If the insurer refuses payment, litigation is a guaranteed win—just expect a couple extra court visits.
