Medical expenses and legal costs in traffic accidents

1. The medical expenses shall be determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

2. The amount of compensation for medical expenses shall be determined in accordance with the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.

3. Legal basis: Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

For traffic accident cases, the acceptance fee shall be calculated according to a certain proportion according to the size of the subject matter of the litigation, and then the amount of each paragraph shall be added to the total amount of the acceptance fee of the case. The specific payment standards are as follows:

1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2. The part exceeding 10,000 yuan to 100,000 yuan shall be paid;

3. The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;

4. The part exceeding 200,000 yuan to 500,000 yuan shall be paid;

5. The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;

6. The part exceeding 1 million yuan to 2 million yuan shall be paid;

7. The part exceeding 2 million yuan to 5 million yuan shall be paid;

8 The part exceeding 5 million yuan to 10 million yuan shall be paid;

9. The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;

10 The part exceeding 20 million yuan shall be paid.

According to what you said, 1 you have objections to the necessity and reasonableness of **, and also comply with the law, what you did for hepatitis B, hepatitis C, blood, color ultrasound, etc.** expenses do not have a legal causal relationship with the injury, but you should bear the corresponding burden of proof.

2. Litigation costs: You should bear the legal part of the claim.

Checking for hepatitis B, hepatitis C, and blood is an inevitable thing for car accident victims, as long as there is a serious point of injury, how to check for fractures if the color ultrasound is not taken? Don't you have the traffic accident certificate that the traffic police showed you? If so, the insurance company will pay for it.

Also, after the disability appraisal is done, if the traffic police do not have an accident certificate for you, then the prosecution is certain, and it is common sense that you are not notified. Whether you bear the full amount depends on the court's judgment, and under what circumstances you hit her, I didn't say clearly, so it's hard to draw conclusions, but the court will generally favor the weak, and it is very likely that 3 7 open.

I work in the courts and have seen a lot of similar cases. Your first reason has been mentioned by many lawyers, but our judges here usually don't The items to be examined are decided by the hospital, whether it is necessary or not, usually as long as there are corresponding medical documents, the judge will approve it!

The second question is who loses the lawsuit and bears the legal costs. For example, if the other party sues you for 60,000 yuan, and the court finally awards 50,000 yuan, then you have to bear the corresponding litigation costs of 50,000 yuan, and the other party bears the corresponding litigation costs of 10,000 yuan that was not awarded!

These are just some of the verdicts of some of the judges in our courts!

The litigation costs shall be borne by the losing party, and in the process of filing a case for prosecution, the plaintiff shall first pay the litigation fees in advance. Therefore, when the plaintiff pays the litigation fee, it pays in advance, and after the judgment is rendered, the court will distinguish the responsibilities and share the proportion of the litigation fee, and then determine the litigation fee. For the plaintiff, it is actually a process of the plaintiff "refunding more and making up less", and if the lawsuit is won, the litigation fee will be refunded; If the lawsuit is completely lost, no further payment will be made; If it is part of the liability, it shall be shared by the plaintiff and the defendant respectively according to the "proportion of liability".

1. Calculation standards for litigation costs.

In order to facilitate the litigation of the parties and reduce the litigation costs, medical dispute cases shall be paid cumulatively according to the following proportions according to the amount or value of the compensation claimed:

1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2 The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to 2 5;

3. The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2;

4. The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to 1 5;

5 The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1;

6 The part exceeding 1 million yuan to 2 million yuan shall be paid according to 0 9;

7. The part exceeding the early regret of 2 million yuan to 5 million yuan shall be paid according to 0 8;

2. How should a medical malpractice lawsuit be filed?

In the event of a medical dispute, the hospital is first required to make a copy of the medical records and seal them to fix the evidence, and then directly file a civil lawsuit with the county-level people's court where the medical institution is located.

The people's court organizes both the original defendant and the defendant to debate the medical records submitted by the hospital, and the patient applies to the people's court to entrust the medical association responsible for the first medical malpractice technical appraisal at the location of the medical institution to conduct a medical malpractice technical appraisal.

If either party is dissatisfied with the conclusion of the first medical malpractice technical appraisal, it may file an application for re-appraisal with the people's court within 15 days of receiving the medical malpractice technical appraisal and entrust the provincial-level medical association to organize the re-appraisal.

The fact that the medical institution suffered the damage of the elderly is to provide evidence, and the medical institution will not be liable only if it can prove that there is no causal relationship between its own medical behavior and the patient's injury, and that the medical staff and the medical unit are not at fault.

Conditions for filing a lawsuit in a dispute over compensation for medical expenses of a traffic accident friend: first, the plaintiff must be a citizen, legal person or other organization that has a direct interest in the case; secondly, there must be a clear defendant; There must also be specific litigation claims, facts and reasons; and it is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal basis] Article 119 of the Civil Procedure Law of the People's Republic of China.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant; Sue Meng.

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of the people's court's acceptance of civil seepage litigation and the jurisdiction of the people's court receiving the lawsuit.

The lawsuit for compensation for medical expenses in traffic accidents is as follows: (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case. 2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons for the infiltration chain. (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Traffic Accident Medical Expenses The conditions for filing a lawsuit in a dispute over compensation are: (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case. 2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation of the people's court and the jurisdiction of the people's court receiving the lawsuit. Article 119 of the Civil Procedure Law of the People's Republic of China Lao Tan.

In order to facilitate the litigation of the parties and reduce the litigation costs, China has re-issued the "Measures for the Payment of Litigation Fees", and medical dispute cases shall be paid according to the amount or value of the compensation claimed by the litigation according to the following proportions:

1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;

3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;

4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;

5.For the part of the excess void closure of 500,000 yuan to 1 million yuan, the dust attack shall be paid at 1%;

6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment;

7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment.

Traffic accidents, medical expenses at their own expense, in recent years, China for road traffic safety more and more attention. On May 1, 2004, the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases came into effect, providing specific operational rules for compensation for damages caused by traffic accidents. On May 1, 2008, the Road Traffic Safety Law of the People's Republic of China was officially implemented, marking the further improvement of China's road traffic safety laws and regulations.

The value goal of "the right to life is higher than the right of way" is being realized step by step. However, with the improvement of laws and regulations, the personal injury and property damage caused by road traffic accidents can no longer be resolved through simple negotiation.

First of all, you may have heard it wrong. Instead of only reimbursing 70% or 80%, some items may not be reimbursed. Excluding drugs that are not covered by reimbursement, it is very likely that only 70% will be reimbursed. Specifically, it depends on the detailed catalog.

Secondly, if it is a necessary expense that exceeds the scope of insurance reimbursement, the insurance will not pay for it, and you will also have to pay for it. If it's not necessary, you can also deny compensation.

Your problem is very easy to handle, that is, the insurance company should compensate in full, and you should not pay for it personally.

The responsibility for the accident on both sides is 50% each, that is, the reciprocal responsibility, one person in the other party's car is injured, and there is no injured person on your side, but the car is damaged. You're all from an insurance company. The other party's medical expenses for the injured + food subsidy during hospitalization shall be paid by your compulsory traffic insurance of 10,000 yuan in advance, and the part exceeding 10,000 yuan shall be half for both parties.

The same insurance company, it should be borne by the insurance company, car damage, are half of the compensation for each other, the amount of compulsory traffic insurance is 2000 yuan, more than 2000 yuan with your commercial insurance to compensate.

In fact, your problem is that your insurance company deliberately makes it difficult for you, often the insurance company has this attitude when dealing with compensation, if you are weak, they will take advantage of you, if you are hard, he will compensate you in full. Can you tell me which insurance company? Let the whole people know which insurance company is so scoundrel, and everyone will not be able to insure this insurance company in the future.

The best way to do this is to sue, and one is to sue you and your insurance company directly in court when the injured person has not been compensated. Second, you personally go to court to sue your insurance company and ask the court to order your insurance company to pay the full amount of the accident costs. The prosecution is not very troublesome, after the prosecution, the court will have an adjustment in 30-60 days**, before **, generally will reach an agreement, you do not have unreasonable demands, just ask for full compensation, so the court's adjustment will definitely be successful, because this is the trial judgment, and the insurance company loses the lawsuit, so as long as the lawsuit is filed, the insurance company will agree to settle, and then directly sign the settlement agreement, and your insurance will be fully reimbursed.

Then you withdraw the lawsuit, and the lawsuit is over, (the judge will also let you settle and then withdraw the lawsuit.) I have personally experienced this lawsuit, in fact, the money is not much, the insurance company just wants to give me less than 2,000 yuan, which means that I can't be fully reimbursed, but I sued, and then when the judge went to the court to adjust, the insurance company agreed, and a week later, the money was reimbursed to me, and I withdrew the lawsuit. ）

Personally, you think that it is more troublesome to sue than normal reimbursement, but this is a fair problem, the money is not much, but you can't always let these rogue insurance companies succeed, it is recommended to go to litigation to solve the problem.

Hello, I am a professional lawyer who deals with traffic accidents and work-related injury claims, and I can send a private message if I have any questions, and I will answer the following according to your situation

First of all, you have a misunderstanding, the compulsory traffic insurance is itemized, and the limit of medical expenses is only 100 million yuan, so what you describe has exceeded the compulsory traffic insurance. Secondly, non-medical insurance is only a reason for the insurance company to reduce its own losses, and if there is no special clause and special notice, it needs to be compensated in full. In practice, there are always insurance companies that require a deduction of 10%-20% of medical expenses.

The usual practice of insurance companies is to deduct 10-20% of medical expenses for non-medical insurance drugs.

If the insurance company has signed a special notice with the policyholder for the deduction of non-medical insurance drugs at the time of application, the non-medical insurance drugs shall be deducted when compensating.

If there is no special notice for the deduction of non-medical insurance drugs, all compensation shall be paid, and non-medical insurance drugs shall not be deducted.

Judging from the cases heard by the court, only a very small number of insurance companies have signed special notices with policyholders to deduct non-medical insurance drugs, and they are commercial vehicles. The vast majority of vehicles, especially non-commercial vehicles and private cars, are not contracted.

Therefore, it is illegal for insurance companies to claim deductions for non-medical insurance drugs, and they must be compensated in full.

You can only let the other party go to court to sue, otherwise the insurance company will always say that 30% of the non-medical insurance drugs will be deducted. His statement was inherently unreasonable and legal, and he didn't pick out which one was a non-medical insurance drug. In fact, these should be compensated by the insurance company.