"Motor vehicle traffic accident liability compulsory insurance clause" (hereinafter referred to as "cross strong insurance clause") the ninth stipulation: "the insured motor vehicle in the (a) to (four) the traffic accident one case, cause the victim to rescue the injured, the insurer after receiving written notice and medical institutions of the traffic management department the public security organs issued by the rescue expenses list, verify the health administrative department of the State Council in accordance with the organization of traffic accident personnel trauma clinical guidelines and national basic medical insurance standard. In line with the provisions of the rescue costs, insurance in medical expenses limit of indemnity in advance. The insured has no liability in traffic accidents, the insurance people to advance in the non responsibility for medical expenses limit. For other losses and costs, the company shall not be liable for payment and compensation. (a) did not obtain a driver's driving qualifications; (two) the driver drunk; (three) the insured motor vehicle stolen during the accident; (four) the insured deliberately causes a traffic accident. To pay the rescue expenses, the insurer has the right to recover the injurer." The article is based on the "motor vehicle traffic accident liability compulsory insurance regulations" (hereinafter referred to as the "Regulations" provisions of article twelfth) developed, but its and twenty-second shall be stated and some differences, in article twenty-second is: "in any of the following circumstances, the insurance company compulsory insurance liability limit range pays rescue expenses in the motor vehicle traffic accident responsibility, and shall have the right to recover the injurer: (a) did not obtain a driver's driving qualifications or drunk; (two) the insured motor vehicle stolen during the accident; (three) the insured deliberately causes a traffic accident. With the circumstances, road traffic accidents occur, resulting in the victim's property loss, the insurance company does not assume liability to pay compensation." The comparison between the two found "cross strong insurance clause" in the insurance company does not assume compensation for other losses and expenses, and the "Regulations" stipulates not to undertake the compensation is the loss of property. So, how to understand the "property damage" and "other losses and expenses" on the understanding and application of "cross strong insurance clause" Ninth has a special meaning.

To correctly understand the similarities and differences between "property damage" and "other losses and expenses", the first of the "Regulations" in the scope of insurance compensation have an understanding. "Regulations" provisions of article third: motor vehicle traffic accident liability compulsory insurance (hereinafter referred to as "pay strong risk") refers to the insurance company to the insured motor vehicle road traffic accidents caused by the vehicle, be casualties, property loss insurance victims except the people, be compulsory liability insurance compensation in the limits of liability within the. Then from the provisions of this article, "cross strong insurance" insurance coverage for motor vehicle traffic accident happened to the car, the insured persons outside of the victim caused by accident casualties and property losses.

For what is human casualties and property losses, namely, what is the scope of compensation for damage in traffic accident, is explicitly stipulated in the "Regulations" article thirty-fifth. This provision: "the road traffic accident damage compensation items and standards in accordance with the provisions of relevant law enforcement", from this we can see that the "Regulations" compensation for traffic accident caused by bodily injury and property loss and standard did not make specific provisions, and by the provisions in other laws as the basis. China's current personal injury and property damage compensation is the "law of the people's Republic of general principles of the civil law" (hereinafter referred to as the "general principles of civil law"). "General principles of civil law" for personal injury and property damage compensation items and standards in article 119th: "a citizen's person causing physical injury, shall compensate for the medical expenses, lost income, reduce disability allowance for daily life; cause of death, and shall pay the funeral expenses, dependent of the deceased people with the necessary living expenses." Article 117th paragraph two: "damage to the state, collective property or the property of another, should be restitution or compensation for discount. If the victim suffers other serious losses, the infringer and shall compensate for the losses." According to the provisions of the two law, for personal injury compensation project of medical expenses, lost income, disability living allowance, funeral expenses, the cost of living was dependent, while the loss of property is the direct value property and other loss.

Because of these statements is quite general, it is difficult to operate in the judicial practice, the Supreme People's court in accordance with the judicial interpretation, the compensation for the project to be in the two judicial interpretations more specific provisions. One is the "on the implementation of" of civil law of the people's Republic "opinion (Trial)", another is "on certain issues concerning the application of law in the trial of personal injury compensation case interpretation". A "care" of an explanation for the column in the original items increases, then explain the rule of compensation for personal casualty projects include medical costs, delay costs, nursing fees, transportation fees, accommodation fees, hospital food subsidies, the necessary nutritional costs, disability compensation, disability AIDS charges, was dependent for living expenses, rehabilitation costs, follow-up treatment expenses, funeral expenses, death compensation and relatives for funeral expenses of transportation, accommodation and loss of working time loss, mental damage solatium. So in the current civil tort litigation in judicial practice, the project of personal injury compensation is the implementation of the "Regulations on certain issues concerning the application of law in the trial of personal injury compensation case explanation" in compensation items and standards, for property compensation is based on the general principles of the civil law "," on the basis of the provisions of. Thus "contents of compensation insurance to pay strong" is divided into two parts, the personal damage compensation includes medical costs, delay costs, nursing fees, transportation fees, accommodation fees, hospital food subsidies, the necessary nutritional costs, disability compensation, disability AIDS charges, was dependent for living expenses, rehabilitation fee, follow-up treatment expenses, funeral expenses, death compensation and relatives for funeral expenses of transportation, accommodation and loss of working time loss, mental damage solatium, is with the "general principles of the civil law" provisions are consistent for property loss. Then in the "motor vehicle traffic accident liability compulsory insurance clause" (hereinafter referred to as "cross strong insurance clause") Eighth for death and disability compensation for medical expenses and compensation for the damages made clear, the provisions of the Supreme People's court "and some issues concerning the application of law in the trial of personal injury compensation the case explanation" specified in the content is consistent.

"Regulations" expressed from the third loss of the property, the property loss is different from personal casualty losses, common sense of loss. "Regulations" article twenty-second of property loss. In light of the foregoing provisions refers to rescue costs beyond the personal casualties and property loss, also is the personal casualty losses (rescue expenses abroad) and referred to in article third of the specific property loss. "The Supreme People's Court on the trial of personal injury compensation case applicable legal interpretation" of the property loss refers to the mental damage solatium outside of all losses, including personal casualty losses and specific property loss, the contrast can be found in accordance with the "Regulations" in article twenty-second is consistent. Then the "cross strong insurance clause" other losses and expenses in ninth, combined with the "cross strong insurance clause" in article eighth paragraph two or three can be found here for other losses and expenses is the "twenty-second rules" property damage ", but also some issues concerning the application of law in the trial of personal injury compensation case." the property loss in. We understand that the relationship between the three, in the understanding and application of "cross strong insurance clause" of ninth can be obtained in the specified traffic accident insurance company under the four conditions in addition to undertake rescue costs, for other losses shall not be liable for compensation of the knot theory. The other losses and expenses including the eighth paragraph two or three of the death compensation limit and no limit of liability for death compensation for medical expenses and compensation limit and is not responsible for medical expenses under the item of all expenses. That is happening in the four cases of traffic accidents, the insurance company is not liable for. Only pays rescue expenses obligations, but the advance is afterwards to harm compensation.