Should the driver advance medical expenses after hitting a pedestrian?
2 Answers
In the event of a traffic accident, the medical expenses should first be covered by the insurance company within the scope of the claim settlement. If the insurance coverage is insufficient, the at-fault party may be required to bear the remaining costs. If any advance payment has been made, it can be recovered from both the insurance company and the at-fault party. 1. Relevant laws: According to the "Regulations on Compulsory Traffic Accident Liability Insurance for Motor Vehicles": Article 21 stipulates that if a road traffic accident involving the insured motor vehicle causes personal injury, death, or property loss to victims other than the vehicle's occupants or the insured, the insurance company shall compensate within the liability limit of the compulsory traffic accident liability insurance in accordance with the law. If the loss from the road traffic accident is intentionally caused by the victim, the insurance company will not compensate. 2. Situations where the insurance company has the right to seek compensation from the responsible party: (1) The driver does not have a valid driver's license or is driving under the influence of alcohol; (2) The insured motor vehicle is involved in an accident during theft or robbery; (3) The insured intentionally causes a road traffic accident.
As a veteran driver with years of experience, I've personally been through a similar accident where I instinctively helped the injured pedestrian by sending them to the hospital and even covered some medical expenses. Legally, there's no strict obligation to make advance payments—it's more of a moral responsibility. However, remember never to pay the full amount upfront or make rash promises. After reporting to the police, traffic officers will determine fault, followed by insurance claims. If it's later proven you bear minimal responsibility, you can recover part of the advance payment. So, it's advisable to pay a small amount initially and keep all hospital receipts and scene photos. The key is to stay calm, not panic or evade responsibility, and handle follow-ups efficiently to save time and avoid complications.
