What to Do If a Vehicle with Only Compulsory Traffic Insurance Is Involved in an Accident?
1 Answers
If a vehicle with only compulsory traffic insurance is involved in an accident, the owner can negotiate with the responsible party through traffic police mediation; the owner can exercise the right to claim compensation independently or the insurance company can exercise the right of subrogation. Mediation and Negotiation: Once a traffic accident occurs, according to Article 89 of the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China," if both parties jointly request mediation, the traffic police can mediate on the spot regarding the dispute over damages. Therefore, at this time, the traffic police need to coordinate, first determining the liability for the accident, and then resolving the compensation issue. Exercising the Right to Claim Compensation Independently: According to Article 18 of the "Tort Liability Law," the owner can list the responsible party and the insurance company that underwrites the compulsory traffic insurance as co-defendants and file a lawsuit in court. If the other party only has compulsory traffic insurance but it is insufficient to cover the losses, legal action can be taken directly to pursue legal liability. This method is also very effective, although it may take a longer time.
