Compensation standard for compulsory traffic insurance in Shenbei New District

Compensation standard for compulsory traffic insurance in Shenbei New District

1. Medical expenses
Medical expenses refer to the expenses that the victim must pay for medical examination, treatment and rehabilitation training after suffering personal injury. There are roughly the following: registration fees, medical fees, examination fees, treatment fees, hospitalization fees, other medical expenses, and the amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the court debate in the first instance. The compensation obligee may file a separate lawsuit after the actual occurrence of the necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for organ function recovery training. However, the necessary expenses determined according to the medical certificate or the expert conclusion may be compensated together with the medical expenses already incurred.
2. Lost time cost
Lost time pay refers to the loss of income caused by the victim's inability to work normally due to injury treatment and recuperation. If there is no fixed income, it shall be calculated according to the average income of the last three years; If it is impossible to provide evidence to prove the average income of the last three years, it shall be calculated according to the average wages of employees in the same or similar industries in the previous year. The calculation time of urban residents or urban residents without fixed income shall be based on the hospital certificate or judicial expertise. The disabled can be calculated to the day before the date of disability determination. The legal working age is calculated from 16 to 60 for men and 55 for women;
3. Nursing expenses
There is no distinction between urban residents and rural residents. Number of nurses: generally one, or the number can be determined according to the hospital certificate or judicial expertise; The number of nurses who lose their ability to work (identified as traffic accident disability 1-5 or work injury disability 1-4) or die after treatment is 2.
Nursing period: calculated until the recovery of self-care ability, generally calculated according to the length of hospital stay and per day; The disabled can be calculated by hospital certificate or judicial expertise to 1 day before the date of disability determination, and calculated by day. If long-term care is still needed after the determination of disability, the degree of dependence on care should be determined according to the judicial signature and the level of care should be determined in combination with the preparation of disability aids; The proportion is: 50% of all (Level 1) nursing dependence (feeding, turning over, urination and defecation, dressing and washing, and self mobility), 40% of most (Level 2) nursing dependence (three of the five), and 30% of some (Level 3) nursing dependence (one of the five); The maximum period shall not exceed 20 years. One year will be deducted for every increase of one year over the age of 60, and five years will be taken for those over the age of 75.
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
6. Accommodation expenses
7. Nutrition expenses
The nutrition time shall be determined according to the hospital certificate or judicial expertise, and the maximum shall not exceed twice of the annual average living cost. Calculated by 365 days/year
8. Disability compensation
Grade 1 disability is 20 years, one year will be deducted for each additional year over 60 years old, and five years for those over 75 years old; Grade 2-10 disability will decrease by 90% - 10% according to the grade proportion.
9. Cost of disability aids
10. Death compensation
The death compensation shall be calculated by 20 years according to the per capita disposable income of urban residents or per capita net income of rural residents in the previous year in the place where the court is located. However, for those over 60 years of age, one year will be reduced for each additional year of age; If they are over 75 years old, they shall be counted as five years.
11. Funeral expenses
According to the average monthly wage standard of the staff and workers in the previous year in the place where the court is located, it is calculated by the total amount of six months.
12. Living expenses of dependants
When the perpetrator illegally deprives another person of his right to life, or infringes on another person's body and health, resulting in his loss of ability to work, not only does the victim suffer direct infringement, but also when the victim has the obligation to support a third person, because the victim has been unable to perform the obligation of support in whole or in part, Therefore, the third person who enjoys the right to be supported is also bound to suffer damage. Such damage has a quite causal relationship with the act of the perpetrator, and naturally the perpetrator or other compensation obligors should also bear the liability for compensation. The compensation for such damages is called "living expenses of the dependants" in Chinese law.
According to the degree of the loss of working ability of the dependents, it is calculated according to the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural 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. However, for those over 60 years of age, one year will be reduced for each additional year of age; If they are over 75 years old, they shall be counted as five years. The term "dependant" refers to a minor who should bear the obligation to support the victim according to law or an adult near relative who has lost the ability to work and has no other source of income. If the dependant has other dependants, the compensation obligor shall only compensate the part that the victim should bear according to law. If there are several dependants, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita consumption expenditure of rural residents in the previous year.
13. Direct property loss
The direct loss of property in traffic accidents refers to the actual value of property damage directly caused by traffic accidents, including vehicles, property, roads, facilities and livestock. Other losses caused and involved by direct economic losses are indirect economic losses. The compensation for property losses in traffic accidents shall be in accordance with Article 117 of the General Principles of the Civil Law, which stipulates that "if the property of the state, the collective or others is damaged, it shall be restored to its original state or compensated at a discount". Compensation for property losses in traffic accidents refers to the vehicles, articles and facilities damaged due to traffic accidents that should be repaired. If they cannot be repaired, compensation shall be made at a discount. If the livestock loses its use value or dies due to injury, it shall be compensated at a reduced price. If the parties dispute the actual value, the parties shall entrust a qualified evaluation institution to evaluate the property losses. Therefore, for property losses caused by traffic accidents, the first way to assume responsibility is to restore the original state. If the property can not be repaired, it will be compensated at a discount. The so-called discount compensation is based on the actual reduced value of the damaged property. If all the value of the original object is lost, compensation shall be made based on the original value of the original object. If the value of the original object decreases after it is restored to its original state, the actual reduced value shall be calculated for compensation.
14. Vehicle impairment loss
The vehicle has been damaged due to traffic accidents. Although it has been repaired, its overall safety and handling have declined, thus reducing its value.
15. Vehicle shutdown loss
Vehicle shutdown loss fee refers to the damage to vehicles in road traffic accidents. If the victim uses the damaged vehicle for cargo transport or passenger transport business activities, during the repair of the damaged vehicle, the economic income of the victim is reduced or daily shutdown loss is caused because the victim cannot carry out normal cargo transport or passenger transport business, The compensation for the loss made by the person responsible for the accident.
According to the Reply of the Supreme People's Court on whether the property loss in road traffic accidents includes the loss of the damaged vehicles due to shutdown Provisions: "In the case of compensation for damage caused by traffic accidents, if the victim claims for compensation for the loss caused by the suspension of the damaged vehicle during the repair period of the damaged vehicle when the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate." According to the above provisions, the indirect loss suffered by the victim of traffic accidents, that is, the loss caused by the suspension of vehicles, They also have the right to claim compensation from the person responsible for the accident. According to the provisions on compensation for direct property losses, this compensation should also be limited to the losses actually incurred during the shutdown of vehicles. The calculation method is the same as that of direct property loss.
16. Compensation for mental damage
According to the six factors specified in Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Compensation for Spiritual Damage in Civil Torts, the judge shall make a discretionary decision. The details can be quantified by referring to the disability level: 3000-5000 yuan for level 10 disability, 3000-5000 yuan for each additional disability level, and 3000-5000 yuan for level 1 disability or death. In addition, it should also consider the fault degree of the victim and other factors according to Article 11 of the judicial interpretation, and make a judgment according to the subjective malicious degree of the infringer and the severity of the damage consequences and other factors.
Limit of compensation for motor vehicles' liability in road traffic accidents
Limit of compensation for death and disability: 110000 yuan
Limit of compensation for medical expenses: 10000 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: 11000 yuan
Limit of compensation for medical expenses: 1000 yuan
Limit of compensation for property losses: 100 yuan

Shenyang North New District Compulsory Traffic Insurance Compensation Project

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. Compulsory traffic insurance

Calculation method of compulsory traffic insurance in Shenbei New District

1、 Data publicized by Statistics Bureau of Shenbei New District:

1. The per capita disposable income of provincial residents in the previous year was 35112 yuan;

2. The per capita disposable income of urban households in the previous year was 43051 yuan;

3. The per capita disposable income of rural households last year was 19217 yuan;

4. The per capita consumption expenditure of urban residents in the previous year was 28438 yuan;

5. The per capita consumption expenditure of rural residents in the previous year was 14606 yuan;

6. Last year, the average wage of on-the-job employees of urban units was 88474 yuan;

7. Last year's average wages of on-the-job employees and industrial employees of urban units in various industries (year/person):

(1) 25087 yuan for agriculture, forestry, animal husbandry and fishery

(2) 92680 yuan for mining industry

(3) Manufacturing 83737 yuan

(4) 93405 yuan for power, heat, gas and water production and supply

(5) Construction industry 71102 yuan

(6) Wholesale and retail industry 72173 yuan

(7) 95060 yuan for transportation, warehousing and postal service

(8) 50886 yuan for accommodation and catering

(9) Information transmission, software and information technology service industry 123389 yuan

(10) Financial industry 126318 yuan

(11) Real estate 73194 yuan

(12) Rental and business service industry 60515 yuan

(13) 110533 yuan for scientific research and technical service industry

(14) Water conservancy, environment and public facilities management industry 50127 yuan

(15) 56232 yuan for resident service, repair and other services

(16) Education 98890 yuan

(17) Health and social work 93100 yuan

(18) 85806 yuan for culture, sports and entertainment

(19) Public management, social security and social organizations 89896 yuan

2、 Calculation method of compensation for compulsory traffic insurance in Shenbei New District:

1. Medical expenses

Medical expenses=registration fee+diagnosis and treatment fee+medical expenses+hospitalization expenses+other medical expenses, which should 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

Lost time pay=the victim's fixed income (day/month/year) × lost time or (the average income of the last three years or the average wage of employees in the same (near) industry where the court is located in the last year ÷ 365 days) × lost time days

3. Nursing expenses

It is determined according to the income of nursing staff, the number of nurses and the duration of nursing

If the nursing staff has income, it shall be calculated by referring to the standard of work delay fee; If nurses have no income or employ nursing workers, they shall be calculated according to the labor remuneration standard of local nursing workers engaged in nursing of the same level

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

According to the disability of the victim and the opinions of the medical institution, 20-40 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

Amount of compensation for living expenses of residents and dependants=per capita consumption expenditure of urban residents in the last year where the court is located × [20 years - (actual age of dependants - 60)] years ÷ number of dependants × disability compensation coefficient (if the victim dies, this 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