Compensation standard for traffic accidents in Xishuangbanna

Compensation standard for traffic accidents in Xishuangbanna

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+lost time expenses+nursing expenses+transportation expenses+hospitalization subsidies, board expenses+nutrition expenses+accommodation expenses+spiritual injury compensation

Medical expenses: calculated according to medical expenses, hospitalization expenses and other collection vouchers

Lost time fee: if the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income; If there is no fixed income, it shall be calculated according to the average income of the last three years or with reference to the standards of the same industry

Nursing fee: if the nursing staff has income, it shall be calculated according to the actual reduced income; If there is no income or nursing workers are employed, they shall be calculated with reference to the labor remuneration standard of local nursing workers at the same level

Transportation expenses: official bills based on actual expenses, and the calculation standard of urban transportation expenses is 80 yuan

Hospitalization allowance board expense: it can be determined by referring to the standard of travel food allowance for general staff of local state organs, which is 100 yuan/day in Xishuangbanna

Nutrition fee: determined according to the disability of the victim and with reference to the opinions of medical institutions

Accommodation fee: it is really necessary to go to other places for treatment, and the actual accommodation fee incurred when the patient cannot be hospitalized due to objective reasons

Comfort fund for mental damage: it shall be determined according to the injury condition of the victim, and the specific amount shall be determined according to the fault degree of the infringer, the consequences caused by the traffic accident, the economic capacity of the infringer, the local economic development 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

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

Cost of disability aids: calculated according to the reasonable cost standard of common and applicable appliances

Living expenses of the dependants: calculated according to the per capita consumption expenditure standard 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 years old

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 previous year at the location of the court of appeal, and the total amount of six months

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

Xishuangbanna 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 Xishuangbanna

1、 Publicized data of Xishuangbanna Statistics Bureau:

1. The per capita disposable income of the whole province in the previous year was 26937 yuan;

2. The per capita disposable income of urban households in the previous year was 42768 yuan;

3. The per capita disposable income of rural households in the previous year was 15147 yuan;

4. The per capita consumption expenditure of urban residents in the previous year was 26240 yuan;

5. The per capita consumption expenditure of rural residents in the previous year was 13309 yuan;

6. Average wages of on-the-job employees and industrial employees in the previous year (year/person):

(1) Agriculture, forestry, animal husbandry and fishery 62042 yuan

(2) Mining industry 72673 yuan

(3) Manufacturing 193127 yuan

(4) 93752 yuan for power, heat, gas and water production and supply

(5) Construction industry 115134 yuan

(6) Wholesale and retail business 221077 yuan

(7) 97663 yuan for transportation, warehousing and postal services

(8) 51478 yuan for accommodation and catering

(9) More than 120600 yuan for information transmission, software and information technology services

(10) Financial industry 155304 yuan

(11) Real estate industry: 86818 yuan

(12) Leasing and business services 100070 yuan

(13) 120433 yuan for scientific research and technical service industry

(14) Water conservancy, environment and public facilities management industry 77552 yuan

(15) 84889 yuan for resident service, repair and other service industries

(16) Education 117622 yuan

(17) Health and social work 118046 yuan

(18) Culture, sports and entertainment 110559 yuan

(19) 115081 yuan for public management, social security and social organizations

2、 Calculation method of traffic accident compensation in Xishuangbanna:

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

According to the actual expenses incurred by the victim and his/her necessary caregivers for medical treatment or transfer to another hospital, the urban transportation fee is 80 yuan

5. 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

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

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

The standard of travel and accommodation expenses for provincial state organs and public institutions in Xishuangbanna:

(1) Provincial and equivalent personnel: 900 yuan

(2) Personnel at the level of department and bureau and equivalent positions: 480 yuan

(3) Other personnel: Class I area: 380 yuan; Class II area: 330 yuan

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

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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