What are the legal requirements for car accident disability compensation?

Updated on society 2024-02-22
9 answers
  1. Anonymous users2024-02-06

    First of all, in the event of a traffic accident, the police should be called. Secondly, the traffic police department will issue a corresponding accident liability determination letter to confirm the responsible entity. Thirdly, the amount of compensation shall be determined according to the division of responsibility in the accident liability determination document.

    Compensation items include: medical expenses, lost work expenses, hospital meal allowance, transportation expenses, nursing expenses, disability allowance, etc.

  2. Anonymous users2024-02-05

    The main items of compensation are: medical expenses, lost work expenses, nursing expenses, hospital meal subsidies, nutrition expenses, disability compensation, mental comfort, transportation expenses, appraisal fees, etc., you first have to consider whether the police have not, whether the traffic police have made a responsibility determination, which insurance company is the other party's vehicle insurance, you have found all these evidence, and it is more convenient to prosecute accordingly. If you have any questions, you can still ask me.

  3. Anonymous users2024-02-04

    The factual situation you are talking about is not very clear. You can consult a lawyer, or look for the Supreme Court's judicial interpretation on personal injury damages. The main items that generally include compensation are:

    Medical expenses, lost work expenses, nursing expenses, hospital meal subsidies, nutrition expenses, disability compensation, mental comfort, transportation expenses, appraisal fees, etc., as well as the responsibility of the traffic police department.

  4. Anonymous users2024-02-03

    Disability allowance, when you are injured You can go to the disability level, if you can get the rating, you can get the money, the specific standards are different in each province and region. The per capita disposable income of the place in the previous year is multiplied by the disability level of the compensation ratio.

    Late ** fee.

    Food allowance.

  5. Anonymous users2024-02-02

    It depends on whether your boyfriend was driving or walking at the time.

    According to the Tort Liability Law: 1. In the event of a traffic accident 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 shall be liable for compensation; If there is evidence to prove that the driver or pedestrian of the non-motor vehicle is at fault, the 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 bear no more than 10% of the liability for compensation.

    2. In the event of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; Both parties are at fault and share the blame in proportion to their respective faults.

    3. If the loss of a traffic accident is caused by a non-motor vehicle driver or pedestrian intentionally colliding with a motor vehicle, the motor vehicle party shall not be liable for compensation.

    Therefore, you should first ask the traffic police to do an accident appraisal, and then further deal with it according to the appraisal conclusion.

  6. Anonymous users2024-02-01

    Applicable to the Road Traffic Safety Law, the Interpretation of Personal Injury Compensation, the Civil Procedure Law, the General Principles of the Civil Law, etc., the compensation items include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses and compensation for mental damages, (if the disability is caused, the following compensation items) disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, and the calculation of the specific amount depends on relevant evidence. For example, the amount of medical expense bills, the amount of transportation bills, the certificate of lost work, the results of disability appraisal, etc. The case is more professional, and it is recommended to appoint a lawyer**.

    If you still need any help, you can add me directly as a friend!!

  7. Anonymous users2024-01-31

    Legal Analysis: The compensation items for personal injuries suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

    Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

    Article 17: The living expenses of dependents are calculated on the basis of the degree of the dependent's inability to work, and in accordance with the standards for the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

    Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

    Article 18: Where a person entitled to compensation adduces evidence to prove that the per capita disposable income of urban residents or the per capita net income of rural residents in his place of domicile or habitual residence is higher than the standard for the location of the court where the lawsuit is filed, the disability compensation or death compensation may be calculated in accordance with the relevant standards for his domicile or habitual residence. The relevant standards for calculating the living expenses of dependents are to be determined in accordance with the principles of the preceding paragraph.

  8. Anonymous users2024-01-30

    Compensation standards for car accident injuries:

    1. Transportation expenses refer to the transportation expenses incurred by the injured persons in traffic accidents to hospitals**, hospitalization**, and transfers**, as well as the parties and their relatives and friends who participate in the handling of traffic accidents.

    2. Lost time pay. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

    3. Hospitalization meal subsidy. The hospital meal supplement may be determined with reference to the standard of business trip meal allowance for the general staff of the local state organs.

    4. Nursing fees. To accurately determine the cost of care for victims, the duration of care, the number of people to be cared for, and the amount of care per day should be clarified. The period of care shall be calculated until the victim regains the ability to take care of himself/herself.

    Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not to exceed 20 years.

    Nursing fee = nursing fee per day * number of nursing days * number of nursing attendants.

    5. Medical expenses. In practice, it includes actual expenses and subsequent costs. In litigation, the actual expenses incurred shall be terminated by the conclusion of the first-instance debate, and the amount incurred before that shall be the amount compensated by the responsible person.

    The expenses incurred thereafter can be resolved through negotiation, and most of the leakage rents are handled in a separate case, and compensation will be paid after the actual occurrence.

    6. Disability compensation for rural residents. Disability compensation for rural residents = per capita net income of rural residents in the previous year * compensation coefficient * number of years of compensation.

    7. Disability compensation for urban residents. Disability compensation for urban residents = per capita disposable income of urban residents in the previous year * years of compensation * compensation coefficient of the court being sued.

    8. Expenses for disability appliances for the disabled and returnees.

    9. Living expenses of dependents.

    Legal basis] Articles 17 and 18 of the Interpretation on Compensation for Personal Injuries stipulate that the compensation items for personal injuries suffered by the victim include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

    Millions of car purchase subsidies.

  9. Anonymous users2024-01-29

    The compensation standards for car accident disability are as follows:

    1. Medical expenses: calculated according to the necessary expenses of the hospital for the traffic accident trauma of the parties;

    2. Lost work expenses: If the party has a fixed income, it shall be calculated according to the fixed income reduced by the party due to lost work;

    3. Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state organ where the traffic accident occurred;

    4. Transportation expenses: calculated according to the actual necessary expenses of the parties, and paid by vouchers.

    What are the standards for the penalties for traffic violations.

    1. The standard for the punishment of pedestrians, passengers, and non-motor vehicle drivers for traffic violations is a warning or a fine of not less than 5 yuan but not more than 50 yuan;

    2. The standard for the punishment of motor vehicle traffic violations is a warning or a fine of not less than 20 yuan but not more than 200 yuan;

    3. If the driver of a non-motor vehicle refuses to accept the fine and punishment, his non-motor vehicle may be detained;

    4. If the blood alcohol content is grams or 100 ml, a fine of less than 50 yuan or a warning shall be imposed, and the driver's license may be suspended for up to three months, and 6 points shall be recorded for traffic violations.

    Legal basis: Article 6 of the Measures for the Handling of Road Traffic Accidents.

    According to the degree and amount of personal or property damage, traffic accidents are divided into minor accidents, general accidents, major accidents and major accidents. Specific standards are formulated by the Ministry of Public Security.

    Article 18. Traffic accident liability is divided into full liability, primary liability, equal liability, and secondary liability.

    Article 19. If a traffic accident is caused by the violation of rules by one party, the party who has violated the rules shall bear full responsibility, and the other party shall not be liable for the traffic accident.

    If the violations of the two parties jointly cause a traffic accident, the party that plays a major role in the traffic accident shall bear primary responsibility, and the other party shall bear secondary responsibility; If the violation plays an almost equal role in the traffic accident, the two parties bear equal responsibility.

    Where the violations of the three or more parties jointly cause a traffic accident, the responsibility shall be divided according to the role of each party's violation in the traffic accident.

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