Serious Traffic Accident Compensation Request 25

Hello, the material provided is too general and simple, so it can only be general :

1. The amount of personal injury compensation has a lot to do with the area where you live and the residents in the town or rural area. In case of death, there are generally the following expenses: 1. funeral expenses, 2. death compensation, 3. living expenses of dependents, 4. spiritual solace, etc.

If you fail to reach a conclusion and file a lawsuit in court, I believe the court will give a reasonable and fair ruling.

2. The court decides that the other party should compensate you, and if the other party does not perform automatically, you can apply to the court for compulsory enforcement, and as long as the other party has the ability to repay, the execution will generally be completed within 6 months.

Deputy Director Lawyer of Shanghai Yiding Law Firm [Lawyer Zhu Jiuxing] - Professional real estate disputes, marriage and family, criminal defense, commercial, civil, traffic accidents, medical dispute lawyer, I am his assistant - Lawyer Zhu Jiuxing has very rich experience in defense, and has a high winning rate in hundreds of cases.

Hello, in response to the question you described, the lawyer replied as follows: First of all, the compensation for personal injuries caused by traffic accidents must first have the accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation. Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc.

The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency. Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

The division of responsibility shall be subject to the identification of the traffic police, and on this basis to determine the liability for compensation, must be combined with some local standards for accounting, it is recommended to find a local lawyer to help calculate.

Where are you? **Alarming the provincial level works best! The subordinates are seriously corrupt and the evidence is sufficient, so find a good lawyer (very little afraid of the other party's gifts).

The standard of compensation is regional-dependent.

Compensation items for major traffic accidents:

1) The compensation items for disability mainly include: medical expenses, nursing expenses, hospital meal subsidies, lost work expenses, disability assistive device expenses, appraisal fees, travel expenses, living expenses for those who are supported by Fuyuan, nutrition expenses, transportation expenses, and solatium for mental damages.

2) The compensation items for causing death mainly include:

1) If hospitalized**, medical expenses, nursing expenses, in-hospital meal subsidies, lost work expenses, nutrition expenses, funeral expenses, death compensation hail bend compensation, living expenses of dependents, transportation expenses incurred by close relatives due to the handling of the funeral, lost work expenses incurred by close relatives due to the handling of the funeral, and solatium for mental damages.

2) If they are not hospitalized, funeral expenses, death compensation, living expenses of dependents, transportation expenses incurred by close relatives due to the handling of funerals, lost work expenses incurred by close relatives due to handling funerals, and solatium for mental damages.

Answer: If the damage caused by a major traffic accident is the responsibility of the motor vehicle, the insurer who underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it. Legal basis: Article 1213 of the Civil Code of the People's Republic of China: If a motor vehicle is involved in a traffic accident and the damage is the responsibility of the motor vehicle, the insurer who underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

If the damage caused by a major traffic accident is the responsibility of the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

Legal basis] Article 1213 of the Civil Code of the People's Republic of China.

If the damage caused by a traffic accident of a motor vehicle is the responsibility of one of the parties to the motor vehicle, the insurer underwriting the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

1. The traffic accident compensation shall first compensate the other party for the loss of the other party within the amount of liability for the sub-item of the compulsory traffic insurance, including 110,000 yuan for death and disability, 10,000 yuan for medical expenses, and 2,000 yuan for property loss;

2. The insufficient part after the compensation of compulsory traffic insurance is completed will be divided equally between the two parties according to the division of responsibility;

3. The loss of property and personnel of the other party shall be borne by the commercial three liability insurance;

4. The loss of the vehicle for which the insufficient part is borne by the party shall be borne by the commercial vehicle damage insurance;

5. The injury and loss of the insufficient part of the personnel belonging to your own responsibility shall be borne by the personnel insurance on the commercial vehicle;

6. If you have not purchased commercial insurance, you shall bear the deficiency other than the compensation of compulsory traffic insurance.

2. The following elements shall be present to constitute a traffic accident:

1) Must be caused by a vehicle. Vehicles include motor vehicles and non-motor vehicles, and traffic accidents cannot be constituted without vehicles, for example, collisions between pedestrians and pedestrians in the course of travel do not constitute traffic accidents;

2) It happens on the road. Roads refer to highways, urban roads and places that are within the jurisdiction of the unit but allow social motor vehicles to pass. Including squares, public parking lots and other places used for public passage;

3) Occurs in motion. It refers to the event that occurs in the process of driving or parking, if the vehicle is in a complete stop state, the pedestrian takes the initiative to collide with the vehicle or the passenger gets on and off the car in the process of crowding, falling, and ** accidents, it is not a traffic accident;

4) Something happens. It refers to one of the phenomena such as collision, crushing, scratching, rollover, crash, **, fire, etc.;

5) The cause of the state of affairs is man-made. It means that the occurrence of the situation is due to the fault or unexpected behavior of the person involved in the accident (the perpetrator). If it is caused by various natural disasters that people cannot resist, it is not a traffic accident;

6) There must be a harmful consequence. Damage consequences only refer to direct damage consequences and are material losses, including personal and property losses;

7) The psychological state of the party is negligent or has other unexpected factors. If the person's mental state is intentional, it is not a traffic accident.

After the traffic accident occurs, the relevant parties should actively report the case. When handling, such related victims should also be treated to protect the personal safety of such personnel. The relevant parties shall actively compensate for the actual losses of such persons and the relevant laws and regulations to protect the legitimate rights and interests of such persons.