Compensation standard for traffic accidents in Qixian County

Compensation standard for traffic accidents in Qixian County

1. Only property loss due to traffic accident

If the victim suffers property losses due to the traffic accident, the victim may claim relevant property losses from the compensation obligor

Property loss: loss of vehicles, clothes, etc. due to accidents

2. Personal injury but not disability due to traffic accident

The amount of compensation for personal injury=medical expenses+lost time expenses+nursing expenses+transportation expenses+hospitalization subsidies, board expenses+nutrition expenses+accommodation expenses+spiritual injury compensation

Medical expenses: comprehensively identified according to the medical records and medical orders of medical institutions, outpatient medical records, drug purchase list and other evidence

Lost time cost:

(1) The victim has no fixed income and cannot provide evidence to prove his average income in the last three years

Lost time cost=80 yuan/day × lost time

(2) The victim has a fixed income or can provide evidence to prove his average income in the last three years

Lost time cost=victim's fixed income (day/month/year)/victim's average daily wage × lost time

Average daily wage is calculated on 365 days per year

Nursing cost: it is determined according to the income status of nursing staff, the number of nurses and the duration of nursing, and is calculated according to the standard of missed work cost; If the client cannot prove the income status of the nursing staff, the nursing fee shall be calculated according to the standard of 120 yuan/day

Transportation fee: calculated according to the official bill of actual expenses

Hospitalization allowance board expense: determined by reference to the standard of travel food allowance for general staff of local state organs

Nutrition cost: the calculation standard of nutrition cost is 50 yuan/day

Accommodation fee: it is really necessary to go to other places for treatment, and the actual accommodation fee incurred when the patient cannot be hospitalized due to objective reasons

Comfort payment for mental damage: it shall be determined by referring to the disability level of the victim and according to the fault degree of the party concerned, the ability of the infringer to bear the responsibility, the local living standard and other specific cases

3. Disabled but not dead due to traffic accident

Amount of compensation for personal injury=relevant expenses of compensation project for personal injury but not disability caused by traffic accident+disability compensation+disability auxiliary equipment expenses+living expenses of dependants

Disability compensation:

(1) Under the age of 60: per capita disposable income of urban residents in the previous year where the court is located × 20 years × disability coefficient

(2) 60-75 years old: per capita disposable income of urban residents in the last year where the court is located × (80 age) × disability coefficient

(3) Over 75 years old: per capita disposable income of urban residents in the previous year where the court is located × 5 years × disability coefficient

Cost of disability aids: calculated according to the reasonable cost standard of common and applicable appliances

Living expenses of the dependants: calculated according to the per capita consumption expenditure standard of urban residents in the previous year where the court is located. If the supported person is a minor, he shall be counted to the age of 18; If the dependant has no ability to work and no other source of income, 20 years shall be counted. For those over 60 years of age, one year will be reduced for each additional year of age; Five years for those over 75 years old

4. Death due to traffic accident

Amount of compensation for personal injury=relevant expenses of compensation project for personal injury but not disability caused by traffic accident+funeral expenses+death compensation+living expenses of dependants

Funeral expenses: calculated on the basis of the average monthly salary of the staff and workers in the previous year at the location of the court of appeal, and the total amount of six months

Death compensation:

(1) Under the age of 60: per capita disposable income of urban residents in the last year where the court is located × 20 years

(2) 60-75 years old: per capita disposable income of urban residents in the last year where the court is located × (80 years old)

(3) Over 75 years old: per capita disposable income of urban residents in the last year where the court is located × 5 years

Qixian County Traffic Accident Compensation Project

1. Only property loss due to traffic accident

If the victim suffers property losses due to the traffic accident, the victim may claim relevant property losses from the compensation obligor

2. Personal injury but not disability due to traffic accident

The amount of compensation for personal injury=medical expenses+lost time expenses+nursing expenses+transportation expenses+hospitalization subsidies, board expenses+nutrition expenses+accommodation expenses+spiritual injury compensation

3. Disabled but not dead due to traffic accident

Amount of compensation for personal injury=relevant expenses of compensation project for personal injury but not disability caused by traffic accident+disability compensation+disability auxiliary equipment expenses+living expenses of dependants

4. Death due to traffic accident

Amount of compensation for personal injury=relevant expenses of compensation project for personal injury but not disability caused by traffic accident+funeral expenses+death compensation+living expenses of dependants

Calculation method of traffic accidents in Qixian County

1、 Publicized data of Qixian County Statistics Bureau:

1. The per capita disposable income of the whole province in the previous year was 29178 yuan;

2. The per capita disposable income of urban households in the previous year was 39532 yuan;

3. The per capita disposable income of rural households in the previous year was 16323 yuan;

4. The per capita consumption expenditure of urban residents in the previous year was 21923 yuan;

5. The per capita consumption expenditure of rural residents in the previous year was 12091 yuan;

6. Average wages of employees in all industries and industries in the previous year (year/person):

(1) Agriculture, forestry, animal husbandry and fishery: 52618 yuan

(2) 99948 yuan for mining industry

(3) 74758 yuan for manufacturing industry

(4) Power, heat, gas and water production and supply industry 101101 yuan

(5) Construction industry 74724 yuan

(6) Wholesale and retail trade 73526 yuan

(7) Transportation, warehousing and postal services 101149 yuan

(8) Accommodation and catering industry 39400 yuan

(9) Information transmission, software and information technology service industry 99130 yuan

(10) Financial industry 87734 yuan

(11) Real estate industry 68728 yuan

(12) 59029 yuan for leasing and business services

(13) Scientific research and technical service industry 91304 yuan

(14) 41832 yuan for water conservancy, environment and public facilities management

(15) 55581 yuan for resident service, repair and other service industries

(16) Education 80472 yuan

(17) Health and social work 83104 yuan

(18) 6403200 yuan for culture, sports and entertainment

(19) Public management, social security and social organizations 72495 yuan

2、 Calculation method of compensation for traffic accidents in Qixian County:

1. Medical expenses

Medical expenses=pre hospital emergency expenses+registration fees+diagnosis and treatment fees+medical expenses+hospitalization expenses+other medical expenses, which shall be combined with the patient's case and diagnosis certificate

2. Lost time cost

Determined according to the income of the victim and the time lost

(1) The victim has no fixed income and cannot provide evidence to prove his average income in the last three years

Lost time cost=80 yuan/day × lost time

(2) The victim has a fixed income or can provide evidence to prove his average income in the last three years

Lost time cost=victim's fixed income (day/month/year)/victim's average daily wage × lost time

Average daily wage is calculated on 365 days per year

3. Nursing expenses

It is determined according to the income status of nursing staff, the number of nurses and the duration of nursing, and calculated by referring to the standard of missed work fee; If the client cannot prove the income status of the nursing staff, the nursing fee shall be calculated according to the standard of 120 yuan/day

4. Transportation expenses

Calculated according to the actual expenses incurred by the victim and his/her necessary caregivers for medical treatment or transfer to another hospital

5. Hospitalized food allowance

Hospitalized food allowance=food allowance standard for general staff of local state organs on business trip (yuan/day) × length of stay

If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the actual accommodation and food expenses (reasonable part) of the victim and his/her caregivers also belong to the category of hospitalization food subsidies

6. Nutrition expenses

Nutrition cost=50 yuan/day × nutrition period

7. Accommodation expenses

The accommodation expenses actually incurred by the victim and his/her nursing staff when the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons; Accommodation fees indicated by the victim's relatives for funeral when the victim dies

8. Disability compensation

(1) The victim is under 60 years old

Resident disability compensation=per capita disposable income of urban residents in the previous year where the court is located × 20 years × disability coefficient

(2) The victim is between 60 and 75 years old

Resident disability compensation=per capita disposable income of urban residents in the last year where the court is located × (80 age) × disability coefficient

(3) The victim is over 75 years old

Resident disability compensation=per capita disposable income of urban residents in the previous year where the court is located × 5 years × disability coefficient

9. Disability aids

Calculated according to the reasonable cost standard of common and applicable appliances; If the injury has special needs, the corresponding reasonable cost standard can be determined with reference to the opinions of the auxiliary appliance preparation organization. The replacement cycle and maintenance cost of auxiliary appliances shall be determined according to the opinions of the preparation organization

10. Funeral expenses

Amount of compensation for funeral expenses=average monthly wage standard of employees in the previous year at the location of the court of appeal × 6 months

11. Death compensation

(1) The victim is under 60 years old

Compensation for death of residents=per capita disposable income of urban residents in the previous year where the court is located × 20 years

(2) The victim is between 60 and 75 years old

Compensation for death of residents=per capita disposable income of urban residents in the last year where the court is located × (80 age)

(3) The victim is over 75 years old

Compensation for death of residents=per capita disposable income of urban residents in the previous year where the court is located × 5 years

12. Living expenses of dependants

(1) The dependant is under the age of 18

Amount of compensation for living expenses of residents and dependents=per capita consumption expenditure of urban residents in the last year where the court is located × (18 - actual age of the dependents) ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)

(2) The dependant is between 18 and 60 years old, unable to work and has no other source of income

Compensation amount for living expenses of residents and dependents=(per capita consumption expenditure of urban residents in the last year where the court is located × 20 years) ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)

(3) The dependant is 60-75 years old, unable to work and has no other source of income

Compensation amount for living expenses of residents and dependants=per capita consumption expenditure of urban residents in the previous year where the court is located × [20 years - (actual age of dependants - 60)] years ÷ number of dependants × disability compensation coefficient (If the victim dies, the coefficient is not included in the calculation)

(4) The dependant is over 75 years old, unable to work and has no other source of income

Amount of compensation for living expenses of residents and dependents=per capita consumption expenditure of urban residents in the last year where the court is located × 5 years ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)

(5) When there are several dependants

If there are several dependants, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year

13. Comfort fund for mental damage

The amount of emotional damage consolation is determined by reference to the level of disability of the victim and according to the fault degree of the party concerned, the ability of the infringer to bear responsibility, the local living standard and other specific cases

(1) If the victim is disabled or killed due to infringement, the compensation obligee shall support the claim for compensation for emotional damages

(2) If the victim does not constitute a disability, but has facial injuries or the victim is a child, it can appropriately support the emotional damage relief fund according to the case,

(3) If the victim does not constitute disability, but has facial injury, or the victim is a child or Grade 10 disability, the amount shall not exceed 5000 yuan; In case of Grade 9 disability, the amount of compensation shall be determined between 5000 yuan and 10000 yuan; By analogy, the amount of compensation shall be determined between 45000 yuan and 50000 yuan for the first degree of disability or death, and the maximum amount shall not exceed 50000 yuan

14. Property loss

The compensation items for traffic accidents may also include the expenses incurred for repairing the damaged vehicle, the loss of the articles contained in the vehicle, the vehicle rescue cost, the replacement cost of the vehicle due to the loss of the vehicle or the inability to repair the vehicle, the reasonable shutdown losses caused by the inability to engage in corresponding business activities, and the reasonable expenses of the ordinary alternative transportation vehicles caused by the inability to continue using non business vehicles