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Compensation standard for compulsory traffic insurance in industrial and rural areas

Compulsory traffic insurance is compulsory liability insurance for motor vehicle traffic accidents. China's Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents clearly stipulates the compensation scope of compulsory traffic insurance. Compulsory liability insurance in which the insurance company pays compensation within the limit of liability for personal injury, death and property loss of the insured vehicle's personnel and victims other than the insured caused by road traffic accidents of the insured vehicle. The amount of compensation for compulsory traffic insurance in industrial and rural areas is determined according to the relevant statistical data of the previous year published by the government statistics department. Therefore, the parties concerned should check relevant data when calculating the compensation amount of compulsory traffic insurance in industrial and rural areas, so as to determine the calculation standard of compensation items.

Compensation standard for compulsory traffic insurance in industrial and rural areas

1. Medical expenses

According to the medical expense invoice issued by the medical institution, combined with the medical records and medical expense clearing documents, the actual calculation

2. Lost time cost

(1) The victim has a fixed income

The cost of lost time is calculated according to the actual reduced income

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

The cost of rural residents' delay in working shall be calculated according to the average annual wage standard of the employees working in agriculture, forestry, animal husbandry and fishery in the industrial and agricultural areas in the previous year; The cost of urban residents' missed work shall be calculated according to the average annual wage standard of residents' services and other service industries in the industrial and agricultural areas of the previous year

3. Nursing expenses

(1) Nursing staff with income

Nursing cost is calculated according to the standard of missed work cost

(2) The client cannot prove the income status of the nursing staff

Nursing fees shall be calculated according to the average wages of residents in industrial and rural areas and other service industries in the previous year

(3) Victim's disability determination

The nursing fee is calculated according to the average annual wage standard of the previous year for the service of residents in the industrial and rural areas and other service industries, in combination with the nursing dependency coefficient, nursing years and number of nurses

The compensation coefficient for the degree of nursing dependence is generally 100% for complete nursing dependence, 80% for most nursing dependence, and 50% for some nursing dependence

4. Transportation expenses

According to the actual calculation of the transportation fee invoice, taking long-distance buses, trains, planes and other means of transportation should generally not exceed the national standard for ordinary staff to travel on business

5. Hospitalized food allowance

Calculated according to the food allowance standard for general staff of local state organs on business trips

6. Nutrition expenses

The nutrition fee is determined according to the opinions or appraisal opinions issued by the medical institution

7. Accommodation expenses

If it is really necessary to go to other places for treatment, and cannot be hospitalized due to objective reasons, the actual accommodation expenses incurred and the accommodation expenses for going to other places for treatment shall not exceed the travel standards of ordinary staff of local state organs in principle

8. 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

9. Disability aids

Calculated according to the reasonable cost standard of common and applicable appliances

10. Funeral expenses

Based on the average monthly salary of employees in the previous year in the place where the court is located, it is calculated by the total amount of six months

11. 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

12. Living expenses of dependants

It is calculated according to the per capita consumption expenditure 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

13. Comfort fund for mental damage

The specific amount shall be determined according to the degree of fault of the infringer, the resulting consequences, the economic capacity of the infringer, the local economic development and other factors

Note:

Limit of compensation for motor vehicles' liability in road traffic accidents:

Limit of compensation for death and disability: 180000 yuan

Limit of compensation for medical expenses: 18000 yuan

Limit of compensation for property losses: 2000 yuan

Limit of compensation for non liability of motor vehicles in road traffic accidents:

Limit of compensation for death and disability: 18000 yuan

Limit of compensation for medical expenses: 1800 yuan

Limit of compensation for property losses: 100 yuan

Compensation project of compulsory traffic insurance in industrial and rural areas

1. Medical expenses

2. Lost time cost

3. Nursing expenses

4. Transportation expenses

5. Hospitalized food allowance

6. Nutrition expenses

7. Accommodation expenses

8. Disability compensation

9. Disability aids

10. Funeral expenses

11. Death compensation

12. Living expenses of dependants

13. Comfort fund for mental damage

14. Property loss

Calculation method of compulsory traffic insurance in industrial and rural areas

1、 Data publicized by Statistics Bureau of Industrial and Rural Areas:

1. The per capita disposable income of the whole province in the previous year was 28346 yuan;

2. The per capita disposable income of urban households in the previous year was 35042 yuan;

3. The per capita disposable income of rural households in the previous year was 18577 yuan;

4. The per capita consumption expenditure of urban residents in the previous year was 24011 yuan;

5. The per capita consumption expenditure of rural residents in the previous year was 15162 yuan;

6. Average wages of urban non private sector employees in all industries and average wages of industrial employees in the previous year (year/person):

(1) Agriculture, forestry, animal husbandry and fishery: 40996 yuan

(2) Mining industry 98793 yuan

(3) Manufacturing industry 81878 yuan

(4) Electricity, heat, gas and water production and supply industry 92695 yuan

(5) Construction industry 62166 yuan

(6) Wholesale and retail trade 77983 yuan

(7) 93288 yuan for transportation, warehousing and postal services

(8) 41197 yuan for accommodation and catering

(9) 93945 yuan for information transmission, software and information technology services

(10) Financial industry 74150 yuan

(11) Real estate industry 53953 yuan

(12) 92982 yuan for leasing and business services

(13) Scientific research and technical service industry 97529 yuan

(14) Water conservancy, environment and public facilities management industry 43908 yuan

(15) 41953 yuan for resident service, repair and other service industries

(16) Education 92853 yuan

(17) Health and social work 85042 yuan

(18) Culture, sports and entertainment industry 71787 yuan

(19) Public management, social security and social organizations: 76461 yuan

2、 Compensation calculation method of compulsory traffic insurance in industrial and rural areas:

1. Medical expenses

The medical expenses shall be calculated according to the medical expense invoice issued by the medical institution, in combination with the medical records and the medical expense clearing documents, including the pre admission first aid expenses on site and in transit

2. Lost time cost

(1) The victim has a fixed income

Lost time cost=actual reduced income due to lost time

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

Fee for rural residents' delay in work=average annual wage of employees working in agriculture, forestry, animal husbandry and fishery in the industrial and agricultural areas in the previous year (yuan/year) ÷ 365 (days) × delay in work (days)

Fees for urban residents' delay in work=average annual wages of residents in industrial and agricultural areas and other service industries in the previous year (yuan/year) ÷ 365 (days) × delay in work (days)

3. Nursing expenses

(1) Nursing staff with income

Nursing cost is calculated according to the standard of lost time cost

(2) The client cannot prove the income status of the nursing staff

Nursing fee=average annual salary of residents in industrial and rural areas and other service industries in the previous year ÷ 365 days × nursing days

(3) After the victim is disabled

Nursing cost=average annual salary of residents in industrial and rural areas and other service industries in the previous year × nursing dependency coefficient × nursing years × number of nurses

The compensation coefficient for the degree of nursing dependence is generally 100% for complete nursing dependence, 80% for most nursing dependence, and 50% for some nursing dependence

4. Transportation expenses

According to the actual calculation of the transportation fee invoice, taking long-distance buses, trains, planes and other means of transportation should generally not exceed the national standard for ordinary staff to travel on business

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

In principle, the food allowance for treatment in other places shall not exceed the travel standard of general staff of local state organs

6. Nutrition expenses

The nutrition fee is determined according to the opinions or appraisal opinions issued by the medical institution

7. Accommodation expenses

Accommodation cost=travel standard of general staff of local state organs × days

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

The cost of disability assistive devices shall be calculated according to the reasonable cost standard of common and applicable devices

10. Funeral expenses

Amount of compensation for funeral expenses=average monthly salary of employees in the previous year in the place where the court is located (yuan/month) × 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 spirit damage solatium refers to that when the victim suffers serious personal injury, disability or death, the victim and his close relatives suffer great mental trauma, and based on this, the compensation obligor is required to pay a certain amount of compensation to the victim and his close relatives. The specific amount should be based on the degree of fault of the infringer, the consequences of the traffic accident Comprehensive determination of the infringer's economic capacity, local economic development and other factors

14. Property loss

It may also include the cost of repairing the damaged vehicle, the loss of the items contained in the vehicle, the cost of vehicle rescue, the cost of vehicle replacement due to the loss of the vehicle or the inability to repair the vehicle, the reasonable outage loss due to the inability to engage in corresponding business activities, and the reasonable cost of ordinary alternative vehicles due to the inability to continue using non operating vehicles

Note:

Limit of compensation for motor vehicles' liability in road traffic accidents:

Limit of compensation for death and disability: 180000 yuan

Limit of compensation for medical expenses: 18000 yuan

Limit of compensation for property losses: 2000 yuan

Limit of compensation for non liability of motor vehicles in road traffic accidents:

Limit of compensation for death and disability: 18000 yuan

Limit of compensation for medical expenses: 1800 yuan

Limit of compensation for property losses: 100 yuan

The compensation standard for compulsory traffic insurance in this industrial and agricultural zone will be updated in 2024. It will be sorted out from government websites, media and other public publications. If there is any error in the content, please call the national customer service hotline 400-64365-60.

The above compensation standards are for reference only. Recommended for you: Lawyers in industrial and agricultural areas

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