What compensations are available when a car is rear-ended and the other party is fully at fault?
2 Answers
If a car is rear-ended and the other party is fully at fault, resulting in personal injury, compensations should cover reasonable expenses such as medical fees, nursing costs, transportation fees, nutritional expenses, and the loss of income due to missed work. Additionally, compensations must include the costs incurred for repairing the damaged vehicle, the loss of items carried in the vehicle, and vehicle rescue fees. If the vehicle is destroyed or cannot be repaired, the compensation should cover the replacement cost of a vehicle equivalent in value to the damaged one at the time of the accident. The following property losses caused by road traffic accidents, for which the injured party requests compensation from the infringer, shall be supported by the People's Court: Case 1: Costs incurred for repairing the damaged vehicle, loss of items carried in the vehicle, and vehicle rescue fees; Case 2: Replacement cost of a vehicle equivalent in value to the damaged one at the time of the accident if the vehicle is destroyed or cannot be repaired; Case 3: Reasonable losses due to the inability to engage in corresponding business activities for vehicles legally engaged in freight transport, passenger transport, or other business operations; Case 4: Reasonable expenses for alternative transportation typically incurred when non-commercial vehicles cannot continue to be used.
Last time, while waiting at a red light at the highway exit, my car was rear-ended hard by the vehicle behind. The traffic police quickly determined the other party was fully at fault. My car's rear bumper was completely deformed, and the 4S shop quoted a repair cost of over 8,000 yuan, which the other party's insurance company directly covered. What pleased me the most was that they even acknowledged the car rental fees—my daily taxi expenses of over 600 yuan for commuting to and from work were fully reimbursed with invoices. The alcohol gift boxes I had in the trunk for clients were all shattered, and after providing the shopping receipts, I received 2,000 yuan in compensation. The most unexpected part was the depreciation compensation—my car was only three months old at the time of the accident, and the post-accident used car valuation dropped by 20,000 yuan. After negotiating with the insurance company for half a month with the appraisal report, I eventually received 10,000 yuan in compensation. The most crucial part of the entire process was collecting all the necessary documents—repair bills, invoices, and damage assessment reports were indispensable. Nowadays, the photo function on smartphones is a huge help.
