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Steps and standards of liability compensation for traffic accidents

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Steps and standards of liability compensation for traffic accidents


        

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  • 2024-06-30 20:01:44

    The compensation standard after the determination of the liability for traffic accidents is mainly divided into medical expenses, lost time expenses and nursing expenses, and the specific contents are as follows:
    1、 Compensation standard for medical expenses
    Medical expenses refer to the expenses that the victim must pay for medical examination, treatment and rehabilitation training after suffering personal injury.
    Article 19 of the Interpretation of Compensation for Personal Injury stipulates that medical expenses shall be determined according to the medical expenses, hospitalization expenses and other receipts issued by medical institutions, in combination with medical records, diagnosis certificates and other relevant evidence. If the compensation obligor disagrees with the necessity and rationality of treatment, it shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the court debate in the first instance. The compensation obligee may file a separate lawsuit after the actual occurrence of the necessary rehabilitation fees, appropriate plastic surgery fees and other follow-up treatment fees for organ function recovery training. However, the necessary expenses determined according to the medical certificate or the expert conclusion may be compensated together with the medical expenses already incurred.
    The Interpretation of Compensation for Personal Injury adopts the principle of differential compensation for specific losses such as medical expenses, and the actual expenditure is the amount of compensation. The standard of standardized compensation shall be adopted for follow-up treatment fees. Follow up treatment costs refer to "the costs required for the secondary treatment of injuries with fixed signs and residual dysfunction after treatment or injuries that have not yet recovered". The stereotyped compensation does not consider the arithmetic difference of the personal property loss of the specific victim, but the principle of compensation that sets a fixed standard for the damage based on the social appropriateness and social justice of the damage compensation.
    2、 Compensation standard for lost time
    Lost time pay is the compensation for the lost or reduced work and labor income due to the inability of the victim to engage in normal work or labor during the period from injury to complete cure (i.e. lost time).
    Article 20 of the Interpretation of Compensation for Personal Injury stipulates that the compensation for lost time shall be determined according to the lost time 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 does not have a fixed income, and the victim cannot provide evidence to prove his average income according to his average income, he may refer to the average wages of employees in the same or similar industries where the court is located in the previous year. In the Interpretation of Compensation for Personal Injury, the actual expenses and loss of work delay shall be compensated according to the actual difference. According to the original Road Traffic Accident Treatment Method, the loss of work delay of the party with fixed income shall not exceed three times the average living cost of the place where the traffic accident occurred, while the loss of the party without fixed income shall be calculated according to the average income of the state-owned industry. The Interpretation does not set a maximum limit for the loss of lost time. As for "if the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income", two points need to be clarified:
    1. The fixed income must be legally certified
    2. The fixed income must be actually reduced by the victim. If the victim's employer does not withhold or withhold all of his income after being damaged, his lost wages shall not be compensated or less compensated.
    3、 Compensation standard for nursing expenses
    nursing

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