Elderly man killed in collision, at-fault vehicle only has compulsory traffic insurance, driver claims inability to compensate—how can the family protect their rights? Lawyers offer advice.

Recently, a traffic accident has drawn public attention: an elderly person was struck and killed, and the at-fault vehicle only had compulsory traffic liability insurance, with limited compensation coverage. When the driver stated in court, "I cannot afford to compensate," how can the victim's family lawfully protect their rights in such a difficult situation? Does the driver's "inability to pay" mean the family has no choice but to accept the loss? This article, from a lawyer's perspective and in light of the Civil Code, the Road Traffic Safety Law, and relevant judicial interpretations, lays out the pathways for rights protection.

I. The Dilemma of Insufficient Compulsory Traffic Insurance Payouts and Missing Commercial Insurance

According to the "Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance," compulsory traffic accident liability insurance is a statutorily mandated insurance, but its current compensation limits are 180,000 yuan for death and disability, 18,000 yuan for medical expenses, and 2,000 yuan for property damage. In this case, where an elderly person passed away, if only compulsory insurance was purchased, the maximum compensation the family could receive would be 180,000 yuan, which is far from sufficient to cover the actual losses such as funeral expenses, death compensation, and compensation for mental distress.

The at-fault driver either did not purchase commercial third-party liability insurance, or the coverage amount was insufficient, resulting in severely inadequate insurance coverage. This is one of the core difficulties in this case. In judicial practice, many at-fault vehicles are only insured with compulsory traffic accident liability insurance. Once a major accident occurs, the victims' families often face the predicament of insufficient compensation.

From a legal perspective, the original purpose of compulsory motor vehicle insurance is to protect the basic rights and interests of victims, but its coverage limits are limited and cannot fully compensate for losses. Therefore, the victim's family members need to clearly understand that the compulsory insurance payout is only the first step, and they must subsequently claim the difference in compensation from the at-fault driver.

II. A Driver's "Inability to Compensate" Is Not a Ground for Exemption from Liability; Family Members May Apply for Property Preservation

The at-fault driver stated in court that he "lacks the ability to compensate." Does this mean the family cannot obtain compensation? The answer is no. Legally, "inability to compensate" only reflects the at-fault party's capacity to perform, and does not exempt them from liability for compensation. Under Article 1165 of the Civil Code, a person who through fault infringes upon the civil rights and interests of another and causes harm shall bear tort liability. In a traffic accident, if the driver bears primary or full responsibility for the accident, they must bear tort liability for compensation to the injured party.

When facing a situation where the driver claims inability to compensate, the family members should proactively take the following measures:

1. **Apply for Property Preservation**: Before filing the lawsuit or during the proceedings, apply to the court to freeze or seize the vehicle involved in the accident or other property under the at-fault driver's name, to prevent them from transferring assets or evading enforcement. Property preservation requires the provision of a guarantee, but it can effectively ensure enforcement after the judgment.

2. **Investigate the at-fault driver's financial status**: Through a lawyer's investigation order or court inquiry, determine whether the at-fault driver has executable property such as real estate, bank deposits, or vehicles. If the driver indeed has no assets, the family members may apply to the court to have the driver added to the list of dishonest judgment debtors, restricting their high-consumption activities.

3. **Incidental Civil Action in Criminal Proceedings**: If the accident constitutes the crime of causing a traffic accident, the family members may file an incidental civil action within the criminal proceedings to claim compensation. The deterrent effect of a criminal judgment can sometimes prompt the at-fault party to actively compensate in order to seek a lighter penalty.

It should be noted that if the driver genuinely has no assets available for execution, the family may face the practical problem of "difficulty in enforcement." However, the legal procedures must be completed; otherwise, even the rights confirmed by a judgment cannot be realized.

III. Compensation Items and Calculation Standards: What Losses Can Family Members Claim?

Pursuant to Article 1179 of the Civil Code and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, in the event of death caused by a traffic accident, the family members may claim the following compensation items:

– **Death compensation**: Calculated based on the per capita disposable income standard for urban residents of the location of the court accepting the case in the preceding year, for a period of twenty years. For persons aged sixty or above, one year is deducted for each additional year of age; for persons aged seventy-five or above, the calculation is based on five years.

– **Funeral expenses**: Calculated based on the average monthly wage of employees in the previous year at the location of the court hearing the case, at a total of six months' amount.

– **Emotional distress damages**: Generally awarded at the court's discretion, with the amount varying depending on the region and circumstances, typically ranging from RMB 50,000 to RMB 100,000.

– **Dependent Living Expenses**: If the deceased has minor children or close relatives who have lost the capacity to work and have no other sources of income, such expenses may be claimed.

– **Transportation, lost wages, and accommodation expenses for personnel handling the accident**: The reasonable portion may be claimed.

In practice, family members need to collect materials such as the accident determination document, death certificate, household registration certificate, and income certificate in order to calculate the specific losses. If the at-fault driver is unable to pay compensation, the family members may also attempt to apply to the Road Traffic Accident Social Assistance Fund, which can advance part of the rescue expenses or funeral expenses, but only if specific conditions are met.

IV. Practical Recommendations for Lawyers: Rights Protection Pathways and Preventive Measures

In the face of similar tragedies, the victims' families should seek professional legal assistance as soon as possible to avoid losing their rights due to procedural errors or insufficient evidence. Lawyers can assist the families in the following ways:

– Examine the accident determination document: ensure that the liability determination is accurate; if dissatisfied with the determination, you may apply for reconsideration within the statutory time limit.

**Calculate Loss List**: Precisely calculate each amount of compensation to avoid omissions.

– **Selecting Litigation Strategy**: Based on the at-fault driver's financial situation, decide whether to apply for property preservation, whether to initiate incidental civil action in criminal proceedings, etc.

For car owners at large, this case serves as a wake-up call. Compulsory traffic accident liability insurance is only basic coverage, while commercial third-party liability insurance is indispensable. It is recommended that car owners purchase at least 1 million yuan in commercial third-party liability insurance to mitigate the risks of major accidents. Additionally, after an accident occurs, one must never flee the scene; instead, actively provide assistance and cooperate with the handling process, as failure to do so may result in aggravated criminal liability.

Guangdong Zhiming Law Firm has deep expertise in the field of traffic accidents and personal injury compensation, having handled numerous similar cases. If you or your family members have been involved in a traffic accident, please contact us for professional legal support. We will help you chart a clear path for rights protection and strive to maximize your legitimate rights and interests.

The law is a weapon for protecting rights, but it must be exercised in a timely manner. In your grief, please remember to seek professional help and let the law serve as your protective umbrella.