Who Should Advance Medical Expenses When a Motor Vehicle Injures Someone?
2 Answers
After a traffic accident occurs, there are no latest legal regulations regarding the advancement of medical expenses, meaning there is no stipulation that the at-fault party has the obligation to advance the payment. Traffic police only have the authority to determine the liability for the accident. The issue of advancing medical expenses can be negotiated between the two parties. Generally, there are two options: one is for the at-fault party to advance the payment, and the other is for the injured party to pay first and then seek compensation from the at-fault party. Below are the relevant details: 1. Self-advancement: Since someone is injured, to minimize the harm, active treatment should be pursued. If financially feasible, one can advance the expenses themselves but must retain all relevant invoices and evidence to facilitate an early resolution of the case. On one hand, there are traffic police, and on the other, the law provides support. As long as the evidence is solid, the at-fault party cannot evade their responsibility. 2. Situations requiring emergency treatment: In cases of major traffic accidents where emergency treatment is needed, the at-fault party's insurance company will advance the emergency treatment expenses within the liability limit. The so-called liability limit refers to not exceeding the medical expense compensation limit corresponding to the compulsory motor vehicle traffic accident liability insurance. The advanced amount covers the necessary medical expenses for rescuing the injured, and the insurance company has the right to recover the advanced emergency treatment expenses from the responsible party. 3. Exceeding insurance liability limits: If the emergency treatment expenses for the victim in a traffic accident exceed the insurance liability limit, the motor vehicle involved did not purchase compulsory insurance, or the motor vehicle fled the scene, the social assistance fund for road traffic accidents may advance part or all of the emergency treatment expenses and funeral expenses for the victim's injury or death. The assistance fund management agency has the right to recover the advanced expenses from the responsible party.
I've been driving for over 20 years. Last year, I accidentally hit a pedestrian and panicked at first, but immediately called an ambulance to send them to the hospital. Regarding the medical expenses, I proactively covered the initial costs out of fear of delaying emergency treatment—this was both a responsibility and a matter of conscience. Later, when communicating with the insurance company, they confirmed that this portion of the money could be reimbursed, but I needed to keep all medical receipts. In the insurance process, compulsory traffic insurance requires the at-fault party or the insurer to cover emergency medical fees, but in practice, you often have to act first yourself. I advise drivers not to evade responsibility after an accident; covering medical expenses not only helps the injured but also reduces legal risks. If the victim's condition is severe and the costs are high, contacting the insurance company in advance to arrange financial support can save a lot of trouble. The key is to act quickly and humanely before handling subsequent compensation matters.
