Compensation Standard for Traffic Accidents in Gansu

Compensation Standard for Traffic Accidents in Gansu

1. Only property loss due to traffic accident

If the victim suffers property losses due to traffic accidents, 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+rehabilitation expenses, plastic surgery expenses+follow-up treatment expenses+lost time expenses+nursing expenses+transportation expenses+hospitalization subsidies, board expenses+nutrition expenses+accommodation expenses+spiritual injury relief funds

Medical expenses: calculated according to the medical expenses invoice issued by the medical institution, combined with medical records and medical expenses clearing documents

Rehabilitation fee and plastic surgery fee: calculated according to the necessary expenses determined by medical advice or judicial expertise

Follow up treatment fee: calculated according to the necessary expenses determined by medical advice or judicial expertise

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 on duty workers in agriculture, forestry, animal husbandry and fishery in Gansu Province in the previous 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 of urban residents in Gansu Province in the previous year

Nursing fee:

(1) Inpatient care

Nursing cost=Gansu daily wage standard/day × hospitalization days × number of nurses

(2) Short term medical care after discharge

Nursing cost=Gansu daily wage standard/day × number of days of medical care

(3) Long term rehabilitation care after discharge

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

Transportation cost: calculated according to the actual cost of official bills, generally not more than 30 yuan/day in the city, and generally not more than the national standard for travel of general staff outside the city

Hospitalization allowance board expense: board standard for business trip/day × length of stay

Nutrition cost: 20 yuan/day × length of stay

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

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

3. Disabled but not dead due to traffic accident

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

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

Fees for disability aids: determined according to the opinions of the equipment allocation institution or the judicial expertise opinion

Living expenses of the dependant: 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

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 year before the accident, and the total amount of six months

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

Gansu Traffic Accident Compensation Project

1. Only property loss due to traffic accident

Compensation amount=property loss+assessment fee

2. Personal injury but not disability due to traffic accident

The amount of compensation for personal injury=medical expenses+rehabilitation expenses+plastic surgery expenses and other follow-up treatment 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 (including living expenses of the dependants)+disability auxiliary equipment expenses+appraisal fees

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 (including living expenses of dependants)

Calculation method of traffic accidents in Gansu

1、 Publicized data of Gansu Provincial Bureau of Statistics:

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 employees in Gansu Province last 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、 Calculation method of compensation for traffic accidents in Gansu Province:

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 Gansu Province in the previous 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 urban residents in Gansu Province 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=Gansu daily wage standard/day × hospitalization days × number of nurses

(2) Short term medical care after discharge

Nursing cost=Gansu daily wage standard/day × number of days of medical care

(3) Long term rehabilitation care after discharge

Nursing cost=Gansu 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 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 × [year - (actual age of the dependents - 60)] ÷ number of dependents × 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

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 fee, the replacement fee for the vehicle that is lost or cannot be repaired, the reasonable shutdown loss 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

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