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Compensation standard of Jiayuguan compulsory traffic insurance

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 Jiayuguan compulsory traffic insurance is determined according to the relevant statistical data released by the government statistics department last year. Therefore, the parties concerned should check relevant data when calculating the compensation amount of Jiayuguan compulsory traffic insurance, so as to determine the calculation standard of compensation items.

Compensation standard of Jiayuguan compulsory traffic insurance

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. Rehabilitation fee and plastic surgery fee

The necessary expenses determined according to the doctor's orders or judicial expertise opinions shall be calculated according to the facts

3. Follow up treatment fee

The necessary expenses determined according to the doctor's orders or judicial expertise opinions shall be calculated according to the facts

4. Lost time cost

(1) If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income

(2) For those who have no fixed income and are engaged in agricultural production, the cost of lost time shall be calculated according to the average annual wage standard of the on-the-job workers of agriculture, forestry, animal husbandry and fishery in Jiayuguan last year

(3) If there is no fixed income, in other cases, the lost time fee shall be calculated according to the per capita disposable income standard of Jiayuguan urban residents in the previous year

5. Nursing expenses

(1) Inpatient care

Nursing cost=Jiayuguan daily wage standard/day × number of days in hospital × number of nurses

(2) Short term medical care after discharge

Nursing fee=daily wage standard of Jiayuguan/day × days of medical care

(3) Long term rehabilitation care after discharge

Nursing cost=Jiayuguan daily wage standard/day × nursing dependency coefficient × nursing years × number of nurses

6. Transportation expenses

Calculated according to the actual cost official bills, it generally does not exceed 30 yuan/day in the city, and generally does not exceed the travel standard of national general staff outside the city

7. Hospitalization allowance and board expenses

Food standard for business trip/day × days of hospitalization

8. Nutrition expenses

20 yuan/day × length of stay

9. Accommodation expenses

The necessary and reasonable accommodation expenses incurred for the purpose of treatment shall be calculated according to the accommodation invoice, and shall not exceed the travel standard of the national general staff

10. Disability compensation

(1) Under the age of 60: per capita disposable income of urban residents in the previous year in the location of the court of appeal, the victim's habitual residence or domicile × 20 years × disability coefficient

(2) 60-75 years old: per capita disposable income of urban residents in the previous year at the location of the court of appeal, the victim's habitual residence or domicile × (80 age) × disability coefficient

(3) Over 75 years old: per capita disposable income of urban residents in the previous year in the location of the court of appeal, the victim's habitual residence or domicile × 5 years × disability coefficient

11. Disability aids

Determined according to the opinions of the equipment configuration organization or the judicial expert opinion

12. Funeral expenses

Calculated by the total amount of six months according to the average monthly wage standard of employees in the year before the accident occurred

13. Death compensation

(1) Under the age of 60: per capita disposable income of urban residents in the previous year in the location of the court of appeal, the victim's habitual residence or domicile × 20 years

(2) 60-75 years old: per capita disposable income of urban residents in the previous year at the location of the court of appeal, the victim's habitual residence or domicile × (80 years old)

(3) Over 75 years old: per capita disposable income of urban residents in the previous year in the location of the court of appeal, the victim's habitual residence or domicile × 5 years

14. Living expenses of the dependant

It is calculated according to the per capita consumption expenditure standard of urban residents in the previous year in the place where the court is located and the province (municipality directly under the Central Government, autonomous region) where the victim is the main source of income of the dependant. 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

15. Comfort fund for mental damage

The specific amount shall be negotiated by the parties concerned or comprehensively determined according to the damage consequences, accident liability ratio, economic capacity and other factors

16. 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

Jiayuguan Compulsory Traffic Insurance Compensation Project

1. Medical expenses

2. Rehabilitation fee and plastic surgery fee

3. Follow up treatment fee

4. Lost time cost

5. Nursing expenses

6. Transportation expenses

7. Hospitalized food allowance

8. Nutrition expenses

9. Accommodation expenses

10. Disability compensation

11. Disability aids

12. Funeral expenses

13. Death compensation

14. Living expenses of the dependant

15. Comfort fund for mental damage

16. Property loss

Calculation method of Jiayuguan compulsory traffic insurance

1、 Publicized data of Jiayuguan Statistics Bureau:

1. The per capita disposable income of the whole province in the previous year was 23273 yuan;

2. The per capita disposable income of urban households in the previous year was 37572 yuan;

3. The per capita disposable income of rural households in the previous year was 12165 yuan;

4. The per capita consumption expenditure of urban residents in the previous year was 25207 yuan;

5. The per capita consumption expenditure of rural residents in the previous year was 11494 yuan;

6. The average annual salary of Jiayuguan staff in the previous year was 84500 yuan;

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

(1) Agriculture, forestry, animal husbandry and fishery: 62699 yuan

(2) Mining industry 111348 yuan

(3) Manufacturing 83374 yuan

(4) 96962 yuan for power, heat, gas and water production and supply

(5) Construction industry 62289 yuan

(6) Wholesale and retail industry 65574 yuan

(7) 96585 yuan for transportation, warehousing and postal services

(8) Accommodation and catering industry 43082 yuan

(9) 93005 yuan for information transmission, software and information technology service industry

(10) 86769 yuan for financial industry

(11) Real estate industry 53377 yuan

(12) Leasing and business service industry 61500 yuan

(13) Scientific research and technical service industry 111817 yuan

(14) Water conservancy, environment and public facilities management: 60818 yuan

(15) 49899 yuan for resident service, repair and other service industries

(16) Education 95211 yuan

(17) Health and social work 88007 yuan

(18) Culture, sports and entertainment industry 75521 yuan

(19) 90427 yuan for public management, social security and social organizations

2、 Compensation calculation method of Jiayuguan compulsory traffic insurance:

1. Medical expenses

Medical expenses=diagnosis and treatment expenses+medical expenses+hospitalization expenses, which shall be calculated according to the medical expenses invoice issued by the medical institution, combined with the medical records and medical expenses clearing documents

2. Rehabilitation fee and plastic surgery fee

The necessary expenses determined according to the doctor's orders or judicial expertise opinions shall be calculated according to the facts

3. Follow up treatment fee

The necessary expenses determined according to the doctor's orders or judicial expertise opinions shall be calculated according to the facts

4. 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 is engaged in agricultural production

Lost time cost=average annual wage of on duty workers in agriculture, forestry, animal husbandry and fishery in Jiayuguan last year (yuan/year) ÷ 365 (days) × lost time (days)

(3) The compensation obligee cannot prove that he has fixed income, others

Lost time cost=per capita disposable income standard of Jiayuguan urban residents in the previous year (yuan/year) ÷ 365 (days) × lost time (days)

Days of missed work: outpatient service: medical treatment time+doctor's order rest time (one outpatient service is calculated as one day of missed work)

Inpatient: length of stay+rest time of doctor's order after discharge (if the disability is determined during the rest period of doctor's order, it will be calculated to the day before the disability is determined)

5. Nursing expenses

(1) Inpatient care

Nursing cost=Jiayuguan daily wage standard/day × number of days in hospital × number of nurses

(2) Short term medical care after discharge

Nursing fee=daily wage standard of Jiayuguan/day × days of medical care

(3) Long term rehabilitation care after discharge

Nursing cost=Jiayuguan daily wage standard/day × nursing dependency coefficient × nursing years × number of nurses

6. Transportation expenses

The transportation cost in the city shall be calculated according to the actual cost of official bills. If there is no bill, it shall be 10 yuan/time. If you take long-distance buses, trains and other means of transportation outside the city, it shall be calculated according to the actual transportation cost invoice, but generally it shall not exceed the travel standard of general staff of state organs

7. Hospitalized food allowance

Hospitalized food allowance=food standard for business trip/day × length of stay

8. Nutrition expenses

Nutrition cost=20 yuan/day × length of stay

9. Accommodation expenses

The necessary and reasonable accommodation expenses incurred for the purpose of treatment shall be calculated according to the accommodation invoice, and shall not exceed the travel standard of general staff of the state organs; Accommodation fees indicated by the victim's relatives for funeral when the victim dies

10. Disability compensation

(1) The victim is under 60 years old

Resident disability compensation=per capita disposable income of urban residents in the previous year in the place where the court is located, where the victim often lives or where the household register 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 previous year at the location of the court of appeal, the victim's habitual residence or domicile × (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 in the place where the court is located, where the victim often lives or where the household register is located × 5 years × disability coefficient

11. Disability aids

Cost of disabled auxiliary equipment=reasonable cost of common and applicable equipment × quantity of equipment × replacement times of equipment

12. Funeral expenses

Amount of compensation for funeral expenses=average monthly salary of employees in the year before the accident (yuan/month) × 6 months

13. 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 in the place where the court is located, where the victim often resides or where the household registration is registered × 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 previous year at the location of the court of appeal, the victim's habitual residence or domicile × (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 in the place where the court is located, where the victim often resides or where the household register is located × 5 years

14. Living expenses of the dependant

(1) The dependant is under the age of 18

Amount of compensation for living expenses of residents and dependents=the location of the court of appeal, the province (municipality directly under the Central Government, autonomous region) where the victim is the main source of income of the dependents, the per capita consumption expenditure of urban residents in the previous year × (18 - the actual age of the dependents) ÷ the number of dependents × the 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

Amount of compensation for living expenses of residents' dependants=(the location of the court of appeal, the province (municipality directly under the Central Government, autonomous region) where the victim is the main source of income of the dependant is located, per capita consumption expenditure of urban residents in the previous year × 20 years) ÷ number of dependants × 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

Amount of compensation for living expenses of residents and dependants=the location of the court of appeal, the province (municipality directly under the Central Government, autonomous region) where the victim is the main source of income of the dependant, the per capita consumption expenditure of urban residents in the previous year × [year - (actual age of the dependant - 60)] ÷ number of dependants × injury and 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

The amount of compensation for living expenses of residents and dependents=the location of the court of appeal, the province (municipality directly under the Central Government, autonomous region) where the victim is the main source of income of the dependents, the per capita consumption expenditure of urban residents in the previous year × 5 years ÷ the number of dependents × the 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

15. Comfort fund for mental damage

Mental damage solatium refers to that when the victim suffers from serious personal injury, disability or death, the victim and his close relatives suffer from great mental trauma, and on this basis, the compensation obligor is required to pay a certain amount of compensation to the victim and his close relatives. The specific amount is negotiated by the parties or according to the consequences of the damage Comprehensive determination of accident liability ratio, economic capacity and other factors

16. 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 of Jiayuguan compulsory traffic insurance will be updated in 2024. It will be sorted out from government websites, media and other public publications. If the content is wrong, please call the national customer service hotline 400-64365-60.

The above compensation standards are for reference only. Recommended for you: Lawyer of Jiayuguan

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