What are the differences between the compensation standards of rural and urban hukou in traffic acci

The criteria for recognition are: "Resident" as the criterion for identification. It is not simply based on the nature of the household registration marked on the household registration book to distinguish between rural standards and urban standards.

In any of the following circumstances, a party injured as a result of a traffic accident may be compensated according to the urban standard.

1. Lived in the town for more than one year, and worked and lived in the town;

2. Living in urban areas for more than one year, not living on agricultural income**;

3. Lived in urban areas for more than one year, aged over 55 for females, over 60 for males and minors;

4. Have been doing business in cities and towns for more than one year;

5. The grassroots organization where the household registration is located is a villagers' committee, but the household has been expropriated;

6. The household registration belongs to the rural household registration of the five districts of Chengdu and has not been expropriated;

7. Migrant construction workers who have worked continuously at one or more construction sites for more than one year;

8. Although living in a rural area, he has worked in a unit for more than one year, and his main livelihood is non-agricultural income**;

Rural more'Less points of the city.

1. Injured party in motor vehicle accident compensation dispute:

1. Report to the traffic police, determine the responsibility for the accident, and get the certificate of responsibility for the accident;

2. Obtain inpatient medical records, do disability identification, and determine losses;

3. Determine the vehicle insurance situation and determine the insurance company;

4. Collect relevant evidence and file a lawsuit for motor vehicle accident liability disputes;

5. The handling of traffic accidents is relatively professional, and a lawyer is entrusted.

2. The party responsible for the motor vehicle accident compensation dispute:

1. After the accident, report to the traffic police and the insurance company;

2. After determining the responsibility for the accident, actively contact and negotiate with the injured party;

3. Actively defend in the process of litigation, entrust a lawyer, and formulate a response plan.

The compensation standard for urban and rural residents who have suffered a car accident is unified, and there is no longer a distinction between urban and rural hukou. In April 2019, the "Opinions of the Communist Party of China on Establishing and Improving the Institutional Mechanism and Policy System for Urban-Rural Integrated Development" clearly put forward the requirements of "reforming the personal injury system and unifying the compensation standards for urban and rural residents";

The Supreme People's Court issued the "Notice on Authorizing the Launching of a Pilot Project on the Unification of Personal Injury Compensation Standards for Urban and Rural Areas", authorizing the High People's Courts of all provinces, autonomous regions, and municipalities directly under the Central Government to carry out pilot work on unifying compensation standards for urban and rural residents in cases of personal injury compensation disputes within their jurisdictions on the basis of the specific conditions of each province.

The type of household registration is the basic basis for determining the identity of the victim or dependent, and determines the application of the standard of compensation for personal injury. However, due to the full development of the market economy, the number of peasants who have migrated to the cities to work is increasing day by day, and many of them work and live in the cities all year round, and the phenomenon of "separation of households" has become more and more common, so the type of household registration is no longer the only factor in determining the standard of compensation for personal injuries.

In personal injury compensation cases, the calculation of disability compensation, death compensation, and living expenses for dependents shall be based on the actual circumstances of the case, taking into account factors such as the victim's place of residence and habitual residence, to determine the standards for the application of the per capita disposable income of urban residents (per capita consumption expenditure) or per capita net income of rural residents (per capita annual living consumption expenditure).

The main difference between rural and urban standards among the various compensation items for traffic accidents is death and disability compensation, living expenses for dependents and lost work expenses, which usually account for more than two-thirds of the total compensation amount, and under the same circumstances, the compensation according to the urban standard is generally about twice higher than the rural standard.

First of all, look at the nature of the injured person's household registration, if it is an urban household registration, the relevant compensation standard will be directly handled in accordance with the urban compensation standard.

If the injured person has been working and living in the town for more than one year at the time of the accident, the traffic accident compensation can be applied to the urban standard compensation.

Exceptions: Some prefectures and cities, such as Wuxi, Changzhou, Suzhou and other regions in Jiangsu, have even abolished the distinction between urban and rural areas, and have uniformly compensated according to one standard.

First of all, look at the nature of the household registration book, whether it is urban or rural, if it is urban (i.e., non-agricultural household registration), the relevant compensation standard can be directly handled in accordance with the urban standard;

If the injured person has been working and living in the town for more than one year before the accident, the urban standard compensation can basically be applied to the disability compensation.

It is also necessary to pay attention to the regulations of the region, some prefectures and cities, such as Wuxi, Changzhou, Suzhou and other areas in Jiangsu, have abolished the distinction between urban and rural areas, and all of them will be compensated in accordance with urban standards.

The situation you said generally occurs in rural areas where people work in cities, and traffic accidents will produce such disputes, how to distinguish them can be referred to and analyzed in detail, I hope my answer will be helpful to you.

The first is to look at the nature of the hukou, and the second is that if the rural hukou lives in the city, it will also be implemented according to the standard of non-rural households, but the premise must be a temporary residence permit.

Mainly look at the household registration, refer to the work certificate and temporary residence permit.

1. According to the judicial interpretation of the Supreme People's Court, victims and their families of rural households in road traffic accidents and personal injury accidents must meet two conditions if they claim compensation according to the standard of urban residents according to their location: first, they must have a relatively fixed job and income in the town; The second is that they have lived in the town continuously for one year.

2. For victims who have an agricultural household registration but have been working, studying, living, doing business, or residing in cities and towns for more than one year, if their habitual residence or main place of income is in cities, the relevant damages may be calculated according to the standards of urban residents. Refer to the First Civil Division of the Supreme People's Court's "Reply on How to Calculate the Compensation Costs for Rural Residents Whose Habitual Residence Is in Cities and Towns** Due to Traffic Accidents".

After the death of a person caused by a traffic accident, it is necessary to compensate the family of the deceased, and the compensation items involved mainly include death compensation, funeral expenses, living expenses of dependents, rescue expenses, family transportation expenses, family accommodation expenses, family lost work expenses, and mental injury solatium. The family of the deceased scumbag can directly negotiate with the perpetrator for compensation, or the traffic police can coordinate and deal with the compensation issue.

1. Who receives the compensation for death in a traffic accident?

Death compensation refers to the liability of the indemnity obligor to the legal heirs of the victim for the future inheritable income damage suffered by the victim's legal heirs due to the death of the victim. It is a one-time payment, and there is no question of continuing to pay.

Death compensation shall be calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the per capita net income 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 1 year for each additional year; If you are over 75 years old, it will be counted as 5 years.

Therefore, only the legal heirs of the victim can be the subject of a claim for death compensation.

According to the provisions of the Civil Code (effective as of January 1, 2021), the order of legal heirs is:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

If there is no first-order legal heir, the second-order legal heir shall claim it. Legal heirs in the same order have the same rights, in no particular order.

The term "children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" includes biological parents, adoptive parents, and dependent stepparents.

The term "siblings" here includes siblings of the same parents, half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Compensation for traffic accidents is closely related to the liability identified in the accident certificate issued by the traffic department, the injuries of the injured, and the household registration of the injured. If you have a rural hukou, you can also claim compensation according to your urban hukou if you meet the following two conditions.

1.Have lived in the city for at least one year before the accident.

1) Proof from the neighborhood committee and the landlord.

2) Certificate from the police station in the jurisdiction.

3) Temporary residence permit or residence permit.

4) Real estate certificate.

5) Miscellaneous. 2.Have a stable income in the city in the year before the accident.

1) Proof of social security for one consecutive year before the accident.

2) Have a labor contract and salary schedule (the model for the year before the accident).

3) Tax payment voucher.

4) A passbook that has been in a row for one year before the accident and has a regular income every month.

5) Miscellaneous. Whether compensation is required, mainly depends on the traffic police department made the "accident identification", if the certificate is found to be responsible, then the corresponding proportion of compensation must be made (exception: motor vehicle and pedestrian collision, the motor vehicle party is not responsible for the liability of less than 10%)).

For example, if the owner of the car lends the car to a person who does not have a driver's license or is not suitable for driving, the driver is an employee of the company, and the vehicle is affiliated with the unit, etc., these circumstances need to be jointly and severally liable for the accident. There are 15 compensation items involved in traffic accidents: medical expenses, lost work expenses, nursing expenses, hospital meal subsidies, ** expenses, plastic surgery expenses, follow-up expenses, nutrition expenses, disability compensation, disability assistive device expenses, accommodation expenses, transportation expenses, living expenses of dependents, mental damages, and other property damage expenses.

However, each compensation item needs to be supported by corresponding evidence.

I can't give you a definitive conclusion because of the amount of information you have stated, but if your situation falls under one of the following conditions, it is very likely that it will be recognized as a work-related injury. However, the final conclusion still needs to be professionally determined by the labor department. The Regulations on Work-related Injury Insurance stipulate that there are seven statutory circumstances under which work-related injuries are determined:

1) Injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6) Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

The process of handling work-related injuries is as follows: work-related injury identification - work-related injury identification - work-related injury compensation.