How much should I pay for a traffic accident that is assessed as a grade 8 disability?

Updated on society 2024-02-09
4 answers
  1. Anonymous users2024-02-06

    Guangdong Province Traffic Accident Grade 8 Disability Compensation Standard:

    1. Medical expenses: subject to invoice.

    2. Hospitalization food subsidy: 100 yuan for the number of days of hospitalization.

    3. Nutrition fee: 500 1000 yuan (compensation will be paid only if the medical record indicates "strengthening nutrition").

    4. Follow-up fee: the cost of the second operation.

    5. Nursing fee: 50-100 yuan (different for each court) yuan days of hospitalization.

    6. Lost work expenses: (my salary) 30 days (calculated to the day before you issue the appraisal results).

    7. Transportation expenses: 500 2000 yuan.

    8. Disability compensation.

    Town standard: Yuan.

    Rural standard: yuan.

    9. Appraisal fee: subject to invoice.

    10. Living expenses of dependents: The father is over 60 years old, the mother is over 55 years old, and the child is under 18 years old.

    Parental Support:

    Town standard: Chronological age 60 years old)] Number of siblings 30%.

    Rural standard: Chronological age 60 years old)] Number of siblings 30%.

    Child support:

    Town Standard: [Chronological Age] 2] 30%.

    Rural Standard: [Chronological Age] 2] 30%.

    Ten. 1. Solatium for mental damages: about 10,000-15,000, mainly determined according to the level of disability and responsibility for the accident.

    Compulsory traffic insurance claim rules: the current national law stipulates that motor vehicles must purchase compulsory traffic insurance, the compensation rules of compulsory traffic insurance are regardless of traffic accident liability, no matter whose responsibility is, the insurance company will pay compensation within the limit of compulsory traffic insurance, and the part exceeding the limit of compulsory traffic insurance shall be shared according to the responsibility, the 1-4 items belong to the compensation limit for medical expenses, the limit is 10,000, and the 5-11 items belong to the death and disability compensation limit, and the limit is 110,000.

  2. Anonymous users2024-02-05

    Hello, barrister.com According to the basis of the "Disability Appraisal Standards", the relevant lawyers stipulate that the eighth-level disability compensation shall be calculated according to the per capita disposable income of the place where the traffic accident occurred, and the compensation shall be 30% from the date of disability determination and 20 years, that is, six years of compensation. It is determined by the account on the household register.

    For Level 8 disability compensation, if the victim is over 50 years old at the time of disability, it will be reduced by one year on the basis of 20 years for each additional year of age; Those over the age of 60 are counted as 10 years; Those over the age of 70 are counted as five years.

    The compensation standard for disability compensation is generally calculated based on the level of disability and the average living expenses of the previous year published by the statistical department at the county (city) level where the victim is located.

    Under normal circumstances, the eighth-level disability compensation is calculated according to the standard of Henan Province in 2008 as follows: the per capita living consumption expenditure of rural residents is yuan, and the calculation is yuan for 6 years; The per capita consumption expenditure of urban residents is yuan for six years.

    According to the standard of Zhengzhou City in 2008, the per capita disposable income of urban residents is calculated for 6 years, and the compensation standard for urban residents is RMB; The per capita net income of rural residents is calculated for 6 years, and the compensation standard for rural residents is RMB. Other cities can calculate the specific amount of grade 8 disability compensation according to the standard published by the local **.

  3. Anonymous users2024-02-04

    Where do you live? How old are the injured people? What is the nature of the account?

  4. Anonymous users2024-02-03

    1. Disability compensation: calculated for 20 years from the date of determination of disability in accordance with the per capita net income standard of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; if the age is over 75 years old, it will be counted as five years); Calculation method of disability subsidy for grade 8 disability compensation for traffic accidents:

    Level 8 disability compensation = per capita income of rural residents in the previous year at the location of the court where the lawsuit is filed Disability coefficient (30%) Compensation period 2, spiritual solatium: 10,000-30,000 yuan 3, in addition to the disability subsidy, traffic accident compensation also includes medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal subsidies, nutrition expenses, living expenses for dependents, mental injury solace, and disability subsidies.

    Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

    Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

    Article 2 In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: (1) Whoever dies or seriously injures three or more persons, and bears full or primary responsibility for the accident; (2) Where three or more people are killed, they bear equal responsibility for the accident; (3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 300,000 yuan or more. Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

    1) Driving a motor vehicle after drinking or taking drugs; (2) driving a motor vehicle without driving qualifications; (3) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism is out of order; (4) Knowingly driving a motor vehicle without a license or has been scrapped; (5) Driving seriously overloaded; (6) Fleeing the scene of an accident in order to evade legal prosecution.

    Article 3: Fleeing after a traffic accident refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

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