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How to compensate for a person's dizziness and vomiting after being hit by a car?

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How to compensate for a person's dizziness and vomiting after being hit by a car?


        

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Favorable reply
  • 2024-06-18 06:00:03

    The way of claiming full responsibility for the person who is hit by a car is as follows:

    If the other party is fully responsible for the traffic accident, it shall bear all the liability for compensation. The insurance company shall make compensation in advance of the limit. The insufficient part shall be borne by the perpetrator.

    The main compensation items and standards that can be claimed are:

    (1) The compensation items for the personal damage suffered by the victim include: medical expenses, work delay expenses, nursing expenses, transportation expenses, accommodation expenses, hospital board allowance, and necessary nutrition expenses.

    (2) In addition to the first item, the compensation items for the victim's disability due to injury also include disability compensation, disability auxiliary equipment costs, living expenses of the dependants, and the actual necessary rehabilitation costs, nursing costs, and follow-up treatment costs for rehabilitation care and continuous treatment.

    (3) The compensation items for the death of the victim include: in addition to the first expense, compensation for funeral expenses, living expenses of the dependants, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work delay paid by the relatives of the victim for funeral matters.

    (4) Consolation money for mental damage suffered by the victim or the close relatives of the deceased.

    Legal basis

    Article 76 of the Road Traffic Safety Law of the People's Republic of China shall be compensated by the insurance company within the limit of the compulsory third party liability insurance for motor vehicles in case of personal injury, death or property loss caused by a motor vehicle traffic accident; The insufficient part shall be liable for compensation in accordance with the following provisions: (1) If a traffic accident occurs between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility in proportion to their respective faults. (2) If a traffic accident occurs between a motor vehicle and a non motor vehicle driver or pedestrian, and the non motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall be liable for compensation; If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, the compensation liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation of not more than 10 percent. If the loss of a traffic accident is caused by the intentional collision of a non motor vehicle driver and a pedestrian with a motor vehicle, the motor vehicle party shall not be liable for compensation.

    M***

    2024-06-18 06:00:03

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