Calculation method of traffic accidents in Xinfeng County
1、 Publicized data of Xinfeng County Statistics Bureau:
1. The per capita disposable income of the whole province in the previous year was 44993 yuan;
2. The per capita disposable income of urban households in the previous year was 54854 yuan;
3. The per capita disposable income of rural households in the previous year was 22306 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 36621 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 20012 yuan;
6. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 77837 yuan
(2) Mining industry 187947 yuan
(3) 92303 yuan for manufacturing industry
(4) More than 160000 yuan for power, heat, gas and water production and supply
(5) Construction industry 83706 yuan
(6) Wholesale and retail trade 104679 yuan
(7) Transportation, warehousing and postal services 121907 yuan
(8) 54516 yuan for accommodation and catering
(9) Information transmission, software and information technology service industry 213031 yuan
(10) Financial industry 202771 yuan
(11) Real estate industry 100580 yuan
(12) 98762 yuan for leasing and business services
(13) Scientific research and technical service industry 171581 yuan
(14) Water conservancy, environment and public facilities management industry 80231 yuan
(15) 67286 yuan for resident service, repair and other service industries
(16) Education 136671 yuan
(17) Health and social work 175780 yuan
(18) 132893 yuan for culture, sports and entertainment
(19) More than 160000 yuan for public management, social security and social organizations
2、 Data released by Shenzhen Municipal Bureau of Statistics:
1. The per capita disposable income of Shenzhen urban households in the previous year was 70847 yuan;
2. The per capita consumption expenditure of Shenzhen urban residents in the previous year was 46286 yuan;
3. Last year, the average annual salary of on duty employees in Shenzhen was 235268 yuan
3、 Data released by Zhuhai Municipal Bureau of Statistics:
1. The per capita disposable income of urban households in Zhuhai last year was more than 60000 yuan;
2. The per capita consumption expenditure of Zhuhai urban residents in the previous year was 43957 yuan;
3. Last year, the average annual salary of on-the-job employees in Zhuhai was 209679 yuan
4、 Data released by Shantou Municipal Bureau of Statistics:
1. The per capita disposable income of urban households in Shantou last year was 35601 yuan;
2. The per capita consumption expenditure of Shantou urban residents last year was 25268 yuan;
3. Last year, the average annual wage of on duty employees in Shantou was 106954 yuan
5、 Calculation method of compensation for traffic accidents in Xinfeng County:
1. Medical expenses
Medical expenses=registration fee+diagnosis and treatment fee+medical expenses+hospitalization expenses+other medical expenses, which shall be calculated according to the actual situation in combination with the medical expense invoice, medical expense list and medical records
2. Rehabilitation expenses
The necessary expenses determined according to the doctor's orders or judicial expertise opinions shall be calculated according to the facts
3. Cosmetic 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
Days of delay:
Outpatient service: medical treatment time+doctor's order rest time (outpatient service once, calculated as 1 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)
(1) Fixed income
Lost time cost=actual reduced income due to lost time
(2) Without fixed income, engaged in agricultural production
Lost time cost=average annual salary of on duty employees of state-owned agriculture, forestry, animal husbandry and fishery in Xinfeng County in the previous year ÷ 365 days × number of days lost
(3) No fixed income, otherwise
Delay fee=average annual salary of employees of private units in Xinfeng County in the last year ÷ 365 days × days of delay
5. Nursing expenses
(1) Inpatient care: 150 yuan/day × length of stay × number of nurses
(2) Discharge nursing:
Short term medical care: 120 yuan/day × days of medical care
Long term rehabilitation nursing: 120 yuan/day × nursing dependence coefficient × nursing years × 365 days
6. 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
7. Hospitalized food allowance
Hospitalized food allowance=100 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
8. Nutrition expenses
Determined according to the disability of the victim and with reference to the opinions of medical institutions
(1) No disability involved: nutrition cost=20 yuan/day × hospital stay (no more than 500 yuan)
(2) Disability related: 5000 yuan × disability compensation index
9. Accommodation expenses
(1) Guangzhou, Shenzhen, Zhuhai, Foshan, Dongguan, Zhongshan, Jiangmen and other seven cities and their counties (cities and districts)
Accommodation fee=450 yuan/day × days
(2) Shantou, Xinfeng County, Heyuan, Meizhou, Huizhou, Shanwei, Yangjiang, Zhanjiang, Maoming, Zhaoqing, Qingyuan, Chaozhou, Jieyang, Yunfu and other 14 cities
Accommodation fee in municipal area=420 yuan/day × days
County (city) level area accommodation fee=400 yuan/day × days
10. Disability compensation
General areas of Xinfeng County (except Shenzhen, Zhuhai and Shantou): calculated according to the per capita disposable income of urban residents of Xinfeng County in the previous year
Shenzhen, Zhuhai and Shantou: calculated according to the per capita disposable income of urban residents in Shenzhen, Zhuhai and Shantou in the previous year
(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
11. Disability aids
Cost of disability aids=reasonable cost of common and applicable appliances × number of appliances
12. 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
13. Death compensation
General areas of Xinfeng County (except Shenzhen, Zhuhai and Shantou): calculated according to the per capita disposable income of urban residents of Xinfeng County in the previous year
Shenzhen, Zhuhai and Shantou: calculated according to the per capita disposable income of urban residents in Shenzhen, Zhuhai and Shantou in the previous year
(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
14. Living expenses of the dependant
General areas of Xinfeng County (except Shenzhen, Zhuhai and Shantou): calculated according to the per capita consumption expenditure standard of urban residents of Xinfeng County in the previous year
Shenzhen, Zhuhai and Shantou: calculated according to the per capita consumption expenditure standard of urban residents in Shenzhen, Zhuhai and Shantou in the previous year
(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
15. Comfort fund for mental damage
Mental injury 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 decided by the court according to the consequences of the damage
16. Appraisal fee
The appraisal fee is calculated according to the actual degree of personal injury and disability and in combination with the bills
17. Property loss
(1) Direct property loss: vehicle maintenance, rescue costs, vehicle goods loss, vehicle replacement costs
(2) Indirect property loss: reasonable shutdown loss due to inability to engage in corresponding business activities, and reasonable expenses of ordinary alternative transportation vehicles due to inability to continue using non operating vehicles
18. Appraisal fee
Calculated according to the actual property appraisal expenses and the actual bills
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