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How to compensate for traffic accidents


        

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  • 2024-06-06 06:00:48

    The insurance company shall make compensation in advance within the limit, and the insufficient part shall be borne by the perpetrator. The main compensation items and standards that can be claimed are as follows:

    1. Medical expenses. It is determined according to the medical expenses, hospitalization expenses and other collection vouchers issued by the medical institution, combined with medical records, diagnosis certificates and other relevant evidence.

    2. Cost of lost time. It is determined according to the time lost and income of the victim. The time of missing work is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim is disabled due to injury and continues to be absent from work, the time of absence from work may be calculated to the day before the date of disability determination. If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to the average income of the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, he may calculate it by reference to the average wages of employees in the same or similar industries in the place where the court is located in the previous year.

    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 reference to the provisions of the lost time fee; If a nurse has no income or employs a nurse, it shall be calculated with reference to the remuneration standard of the local nurse for nursing of the same level. In principle, there is one nurse, but if the medical institution or appraisal institution has a clear opinion, the number of nurses can be determined by reference.

    4. Food allowance for hospitalization. It can be determined by reference to the food allowance standard for general staff of local state organs on business trips.

    5. Transportation expenses. It shall be calculated according to the actual expenses incurred by the victim and his/her necessary accompanying personnel for medical treatment or transfer to another hospital for treatment. The transportation fee shall be based on official bills; The relevant vouchers shall be consistent with the place, time, number and frequency of medical treatment.

    6. Disability compensation. According to the degree of incapacity or disability level of the victim, and 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, it is calculated as 20 years from the date of disability determination. 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. Grade 9 disability is calculated at 20%.

    7. Living expenses of the dependents.

    In addition, you can also request spiritual consolation, property losses, etc. The items and standards of compensation vary according to the circumstances.

    [Legal Basis]

    Article 1179 of the Civil Code states that if a person infringes upon another person and causes personal injury, he/she shall compensate medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital board subsidies and other reasonable expenses for treatment and rehabilitation, as well as reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

    l***

    2024-06-06 06:00:48

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