Consult me
Region: Sichuan Chengdu
1、 What is the scope of compensation for traffic accidents
1. The compensation obligor shall compensate for the compensation for ordinary injuries, medical expenses, lost time expenses, nursing expenses, transportation expenses, accommodation expenses, hospital board allowance, and necessary nutrition expenses.
2. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increased living needs and the income loss caused by the loss of working ability, including disability compensation, disability auxiliary equipment fees, the living expenses of the dependants, as well as the necessary rehabilitation fees, nursing fees and follow-up treatment fees actually incurred due to rehabilitation care and continuous treatment.
3. If the victim dies, the compensation obligor shall, in addition to paying compensation according to the rescue and treatment
In addition to the relevant expenses specified in the first paragraph, it shall also compensate for the funeral expenses, the living expenses of the dependants, the death compensation fees, and other reasonable expenses such as the transportation expenses, accommodation expenses, and loss of work delay paid by the victims' relatives for funeral matters.
4. Claim for mental damages. The mental distress solace is the right of the judge to make a free judgment. The judge thinks that a suitable amount is a suitable amount, and there are three standards:
The first criterion is to comfort the victim's mental damage;
The second criterion is to punish the perpetrator's illegal acts;
The third criterion can serve as a warning or education for the general public. The determination of the amount of compensation for mental damage is based on three points, and this amount is the appropriate amount.
5. Education expenses should also be included in the scope of compensation for traffic accident damages.
6. The cost of repair and compensation for discount shall be calculated according to the actual value or the evaluation conclusion of the evaluation agency.
2、 How to calculate the medical expenses for traffic accidents? If the injured party needs treatment in a traffic accident, the relevant medical expenses will be generated. Medical expenses refer to the expenses incurred for the treatment of injuries or diseases caused by injuries caused by road traffic accidents. In addition, they also include the necessary rehabilitation expenses incurred for physical recovery, the necessary follow-up treatment expenses actually incurred for continuing treatment, and cosmetic surgery expenses. Medical expenses mainly include registration fees, medical fees, hospitalization fees, treatment fees, surgery fees, examination fees, equipment expenses, etc. The evidences that can prove the above expenses include medical expense receipt (charging certificate), expense list, prescription, medical advice, diagnosis certificate, transfer certificate, etc. The receipt (charge voucher) here should be a legal voucher in accordance with the relevant national regulations, such as the official receipt issued by the hospital. When determining the medical expenses, the items charged on the receipt should be consistent with the doctor's prescription and the patient's condition diagnosis, so as to prevent "hitchhiking" to treat other diseases when treating injuries caused by traffic accidents. In addition, some unreasonable expenditure items should be eliminated. The follow-up treatment fee, plastic surgery fee, necessary rehabilitation fee, etc. must be accompanied by the corresponding diagnosis certificate, and the amount of the required fee should be specified in the diagnosis certificate.
2021-03-13 20:48:10 Reply