The traffic accident caused by opening the door shall be compensated according to the following standards:
1. Medical expenses. The identification shall be based on the diagnosis certificate of the local treatment hospital and the receipts or medical records and prescriptions of medical expenses, treatment expenses and hospitalization expenses.
2. Cost of lost time. If the victim has a fixed income, the compensation for lost wages shall be calculated according to the actual loss of his income.
If the victim does not have a fixed income, or if the victim is a contract operator or self-employed business, the compensation for the lost wages may be determined by reference to the average income of the victim in the previous year or the average income of the same industry, type of work and labor force in the local area.
3. Food allowance for hospitalization. Compensation shall be made according to the food allowance standard (yuan/day) × the number of days in hospital for general staff of the state organs on business trips.
4. Nursing expenses. If the nursing staff have income, the compensation for the nursing fees can be calculated according to the provisions of this opinion on the cost of lost time. If the nurses have no income, the compensation for the nursing fees can be calculated according to the average living expenses of local residents.
5. Disability compensation. According to the standard of 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, the date of disability determination shall be calculated as 20 years.
However, for those over 60 years of age, one year will be reduced for each additional year of age; Those over 75 years old shall be counted as five years.
6. Living expenses of the dependents. It is calculated according to the per capita disposable income of urban residents or per capita net income of rural residents in the previous year where the court is located.
[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.
