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How to settle the claim if the other party is injured

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How to settle the claim if the other party is injured


        

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  • 2024-06-16 20:00:48

    If the other party is fully responsible for the collision, it is necessary to determine how to settle the claim according to the specific situation of the losses caused. 1. If personal injury is caused, the other party may be required to bear all expenses incurred for medical treatment and reduced income due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital board allowance and necessary nutrition expenses. The insurance company may be liable for compensation within the scope of insurance liability, and request the other party to assume supplementary compensation liability for the insufficient part. According to relevant laws and regulations, the compensation obligor shall compensate for the personal injury suffered by the victim, various expenses incurred for medical treatment and reduced income due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital board allowance, and necessary nutrition expenses. 2. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred for the increase of living needs and the income loss caused by the loss of labor ability, including disability compensation, disability auxiliary equipment fees, living expenses of the dependants, and the necessary rehabilitation fees, nursing fees, and follow-up treatment fees actually incurred due to rehabilitation care and continuous treatment. 3. If the victim dies, the compensation obligor shall, in addition to the relevant expenses specified in the first paragraph of this article according to the rescue and treatment, compensate for the funeral expenses, the living expenses of the dependants, the death compensation fees, and other reasonable expenses such as the transportation expenses, accommodation expenses, and loss of work delay incurred by the victim's relatives when handling funeral matters.

    Legal basis

    Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the living expenses of the dependants shall be calculated according to the degree of the loss of working ability of the dependants, and the per capita consumption expenditure of urban residents and rural residents in the previous year in the place 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.

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    2024-06-16 20:00:48

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