If you die in a car accident and your children are not married, you can get compensation

Summary. Hello, if there is no marriage certificate, then the man has no right to compensation.

Hello, if there is no marriage certificate, then the man has no right to compensation.

After deducting the funeral expenses and living expenses of the dependents, the death compensation can be divided with reference to the statutory inheritance, and of course, the debt must be repaid first.

Then, according to the order of inheritance, which is Article 10 of the Inheritance Law, the estate is inherited in the following order: first order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents. After the succession begins, the first-order heirs will inherit the succession, and the second-order heirs will not inherit.

If there is no heir in the first order, it will be inherited by the heir in the second order. The term "children" in this Act includes legitimate children, illegitimate children, adopted children, and stepchildren who have a relationship of support and support. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Summary. Minors and persons who are unable to work and live are eligible for compensation. This is a dependent's living item.

If the victim becomes disabled or dies as a result of injury after a traffic accident, if the victim has a person who needs his support, the compensation obligor shall compensate the living expenses of the victim's dependents, and the calculation of the maintenance expenses shall be based on the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents of the court where the lawsuit is filed in the previous year. If the dependant is a minor, it is counted up to the age of 18, if the dependant is a person who is unable to work and live, it is counted for 20 years, if the dependant is over 60 years old, it will be increased by one year and decreased by one year, and if the dependant is over 75 years old, it will be counted for five years.

If you die in a car accident and your children are not married, you can get compensation

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The mother died in a car accident at the age of 59 this year, and the son is not married.

Minors and those who do not have the ability to work and live can be compensated. This is a dependent's living item. If the victim becomes disabled or dies as a result of injury after a traffic accident, if the victim has a person who needs his support, the compensation obligor shall compensate the living expenses of the victim's dependents, and the calculation of the maintenance expenses shall be based on the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents of the court where the lawsuit is filed in the previous year.

If the dependant is a minor, the old register is counted up to the age of 18, if the dependant is a person who is unable to work and live, it is calculated for 20 years, if the dependant is over 6 years old and 10 years old, it will be increased by one year and decreased by one year, and if the dependant is over 75 years old, it will be counted for five years.

I'm an adult, I'm 28 years old, I'm not married.

There is no compensation. Minors and persons who are unable to work and live are eligible for compensation. You don't count.

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Death benefits are not the estate of the deceased, but they can be distributed in the order in which the estate is distributed. As the first-order heirs, the children have the same rights to distribute the death benefits of their parents as other heirs in the same order.

Can the mother of her son who died in a car accident receive compensation: In view of the fact that the Interpretation on Personal Compensation adopts the theory of "loss of inheritance", the determination of the right subject of death compensation can be made with reference to the relevant principles of the Inheritance Law to distribute it among close relatives. Among the close relatives include:

Spouse, parents, children, siblings, grandparents, grandchildren, grandchildren. When the deceased has first-order heirs, the spouse, parents and children are the first-order rights holders; If the deceased does not have a first-order heir, the second-order heir shall be the right holder to bury and distribute the matter. Therefore, the mother who died in a car accident can receive compensation.

Although the Interpretation of Personal Compensation adopts the theory of "loss of inheritance", the compensation for the death of the jujube is not equal to the inheritance, and the principle of its distribution must be different from that of the inheritance. According to the spirit of the Interpretation on Personal Compensation, death compensation is compensation for the "escape" of the deceased's income during the remaining years of his life, and its nature is a compensation of the nature of property, and the distribution of this compensation shall be distributed among the family members living together according to the degree of economic dependence and life relationship of the deceased by the subject of rights. However, they can obtain compensation by claiming solatium for moral damages and living expenses of the dependents. Extend.