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Compensation standard for traffic expenses in traffic accidents

Time: 2024.02.29 label: traffic accident Compensation for traffic accidents Reading: 806 people
Lawyer's analysis:
traffic accident traffic expense Compensation standard It is calculated according to the actual expenses incurred.
For those who are transferred to another hospital for treatment or go to the hospital for treatment, the transportation expenses of themselves and the accompanying personnel and the transportation expenses related to the accident handling personnel are generally based on the bills of ordinary tools that are actually necessary.
Those who need to take taxis, planes, soft sleeper trains and second-class cabins on ships in special needs shall have the certificate of consent from the public security and traffic management authorities.
The transportation cost is equal to the round-trip cost multiplied by the number of round-trip times multiplied by the number of round-trip people.
Legal basis:
Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to another hospital. The transportation fee shall be based on official bills; Relevant vouchers shall be consistent with the place, time, number of people and times of medical treatment.
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According to the objective calculation method, the judicial interpretation of the Supreme Court determines the compensation standard and compensation period of death compensation with the stereotyped compensation model. Specifically, it is a one-time compensation of 20 years. Death compensation is fixed, including death compensation and funeral expenses

The amount of compensation for amputation in a 41 year old traffic accident is generally determined according to the size of the responsibility for the traffic accident, the degree of disability, labor costs, medical expenses and other specific circumstances. The compensation standards for the level of injury and disability in traffic accidents include medical expenses, lost time expenses, hospital board allowance, nursing expenses, living allowance for the disabled

The amount of compensation for traffic accidents shall be calculated and determined according to the amount of loss determined by the specific occurrence. The standard of compensation for traffic accidents generally includes medical fees, lost time fees, vehicle loss fees, etc. If it constitutes disability, disability compensation should also be paid

Selected pictures and texts Pufa video Voice Answers
  • How to determine the cost of personal injury care in traffic accidents

     Legal Advisor

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    The determination of nursing costs is affected by the economic status of the nursing recipients, the number of nursing needs and time. Nursing staff with salary shall be paid according to the standard of missed work fee, and those without income or with nursing workers shall refer to the salary of local nursing workers. Usually, a nurse is responsible for it. In special cases, it can be adjusted according to suggestions. The period of care starts from the time when they can be adjusted by themselves. For the disabled, age, health and other factors shall be taken into consideration, and the longest period shall not exceed 20 years. Post injury care is graded according to individual needs and auxiliary equipment configuration.

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  • How to Determine the Period of Compensation for Traffic Accident Injuries and Disabilities

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    The compensation period for traffic accident disability is calculated from the next day after the recognition of disability, excluding the actual start date. The disability compensation is based on the loss of the victim's working ability and the level of disability, with reference to the income of urban residents in the previous year. The maximum period is 20 years, one year for each increase in the age of 60 and above, and five years for the age of 75 and above. Under special circumstances, if the disability does not affect income or cause occupational obstacles, the amount of compensation will be adjusted.

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  • How to compensate for the traffic accident disability according to the urban household registration

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    In traffic accidents, the compensation for disability is based on the disposable income of urban residents and assessed according to the level of the victim's loss of working ability or disability. The income of urban residents in the previous year is taken as the base. The disabled will be compensated for 20 years from the date of disability determination. One year will be deducted for each year of increase in age over 60, and five years for those over 75. Under special circumstances, if the disability does not affect the income or the occupational barriers are serious, the amount of disability compensation will be adjusted.

    Views: one thousand one hundred and seventy 2024-06-30
  • What is the proportion of secondary liability compensation for traffic accidents

    Wang Zhe, male lawyer

    If the party concerned is responsible for all the reasons, it shall bear 100% of the compensation liability; If the party concerned is responsible for the main reason, it shall bear 70% of the compensation liability; If the parties are liable for the same reason, they shall bear 50% of the compensation liability; If the party concerned is responsible for secondary causes, it shall bear 30% of the compensation liability.

    Play volume: one thousand two hundred and five 2022-06-07
  • What is the compensation scope of the third party liability insurance

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    Compensation for funeral expenses, death compensation, transportation expenses paid by victims' relatives for funeral matters, disability compensation, disability aids, nursing expenses, rehabilitation expenses, transportation expenses, living expenses of dependants, accommodation expenses, and lost time expenses under the death and disability compensation limit and the liability free death and disability compensation limit, The mental damage consolation fund borne by the insured according to the court judgment or mediation.

    Play volume: seven hundred and thirty-two 2022-06-07
  • What are the expenses of compensation for traffic accidents

    Lawyer Xu Ning

    It needs to be judged according to the specific circumstances, roughly as follows: if the person dies on the spot, the main compensation is death compensation, funeral expenses, and if it does not constitute a criminal offence, there is also spiritual consolation. In case of death after rescue, in addition to the above expenses, there will also be medical expenses, hospital board allowance, nursing expenses, nutrition expenses, etc. If there is no death, it mainly includes disability compensation, medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, hospitalization food subsidies, etc.

    Play volume: one thousand one hundred and forty-one 2022-06-07
 Lawyer Wang Yuxin

Beijing Yingke Law Firm

The lawyer team is specialized in handling enterprise perennial consultants, contract disputes, property disputes, creditor's rights and debt disputes, marital inheritance, major criminal cases, and retrial appeals. The team members have graduated from well-known law schools at home and abroad, and have rich experience in case handling. For each type of case, there is a professional director responsible for the lawyer, and there is a clear division of labor and cooperation within the team. Wang Yuxin's lawyer team has served as perennial legal counsel for more than 100 enterprises, and has provided legal training and advisory cooperation for Zhongguancun Industrial Park, Yizhuang Economic Development Zone, etc. for a long time. The business section of the team company assists in establishing and improving the company's legal management system, assists in handling the company's cooperation disputes and lawsuits, assists in formulating relevant internal policies and processes, and provides legal and policy training for the company's employees. To control legal risks for the company, prepare, modify and review various contracts, track the filing of litigation related cases, and handle guarantee matters such as real estate mortgage and equity pledge related to the company's business; The team's personal business sector handled a large number of residential land disputes, Beijing public rental housing disputes, land acquisition and demolition cases across the country, creditor's rights and debt disputes, and hundreds of difficult cases involving real estate; For major and difficult cases, a team meeting discussion system is adopted every week to ensure that each complex case is analyzed by more than four people. Industry consultants and experts will also be invited to assist in handling particularly complex cases. Some typical cases of team members: 1. Responsible for the loan dispute between Hengfeng Bank and Tianjin Steel Pipe, the subject of the case was 500 million yuan 2. Responsible for the contract dispute between China Railway Construction Materials Trading Co., Ltd. and Changlu Industrial Co., Ltd., with the contract object of more than 54 million yuan 3. More than 10 cases, including China Construction Bank's public maintenance fund case and Jintai Group's lease dispute case 4. Dispute between Jia Yi, Fan Shumin and Jia Jie in Xicheng District 5. Disputes between Feng Shuling's house and the demolition of the People's Government of Shangzhuang Town, Haidian District 6. Disputes over inheritance of houses between Shuangyuhua and Shuangwenqi, Shuangwenqing, Shuangyuzhi and Shuangyuqin in Xicheng District 7. Disputes over house sales contracts between Li Ting and Wang Xiaoying in Chaoyang District 8. Disputes over the house sales contract between Zhao Yuhan and Wang Jing in Changping District 9. Zhou's criminal case of illegally absorbing public deposits (case No.: (2017) Jing 0112 Xing Chu 1093) 10. The theft case of Li Moumou (case No.: (2017) Jing 0106 Xing Chu 723) 11. Wang Moufang's Criminal Case of Illegal Business Operation (Case No.: (2018) J0105XC2560) 12. Wang's fund-raising fraud 13. Hong Mou's crime of illegally absorbing public deposits (Beijing Chaoyang Procuratorate successfully rejected the protest) 14. Disputes over housing inheritance in Chaoyang District, Liu, four brothers and sisters shared 8 houses 15. Sun's succession dispute in Chengde, Hebei Province lasted for three and a half years and was sent back for retrial many times, involving hundreds of millions of yuan 16. Disputes over the invalidity of Zhang's testamentary succession in Chaoyang District, overturning his will, and distributing the house property and company equity according to legal succession 17. Collective action of 40 Sichuan reservoir immigrants 18. Land requisition and demolition of 60 villagers in Shandong 19. P2P financial disputes involving more than 400 people and 1.2 billion yuan in Dongcheng District 20. Divorce property division of Mr. Li in Chaoyang District, involving hundreds of millions of yuan 21. Divorce dispute of Mr. Li in Chaoyang District, striving for custody and property interests 22. Acting as an agent in a divorce case for the benefit of the people in Shenyang, and many complex multi court cases

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