What is the standard of compensation for traffic hit and run and what are the regulations

If a party escapes after a traffic accident, the party who escaped bears full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.

If the vehicle involved in the accident has insurance, the owner and driver of the vehicle involved in the accident can be sued together with the insurance company that purchased the insurance;

Legal basis: Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law If a party escapes after a traffic accident, the party who escapes shall bear full responsibility. However, if there is evidence to prove that the other party is also at fault, the liability may be mitigated.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents Article 16: Where a motor vehicle that has purchased both compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance (hereinafter referred to as "commercial third-party insurance") causes damage caused by a traffic accident, and the parties sue the infringer and the insurance company at the same time, the people's court shall determine the liability for compensation in accordance with the following rules: (1) The insurance company that underwrites the compulsory traffic insurance shall first compensate within the limit of liability; (2) The insufficient part shall be compensated by the insurance company that underwrites the commercial third-party insurance in accordance with the insurance contract; (3) Where there are still deficiencies, the infringer shall compensate in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law. Where the infringed party or their close relatives request that the insurance company that underwrites the compulsory traffic insurance give priority to compensation for mental damages, the people's court shall support it.

The specific compensation items and calculation standards are described in detail in the provisions 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, and it is recommended that you check them.

How much is the amount of compensation for a traffic hit-and-run.

The compensation items and standards for traffic hit-and-run accidents are as follows: 1. 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; 2. The compensation for lost time shall be determined according to the victim's lost time and income; 3. The nursing fee shall be determined according to the income status of the nursing staff, the number of nursing staff, and the nursing period; 4. Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer**; 5. The hospital meal subsidy can be determined with reference to the business trip meal subsidy standard for the general staff of the local state organs; 6. The nutrition fee shall be determined according to the victim's disability with reference to the opinions of the medical institution; 7. Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's inability to work or the level of disability, and according to 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; 8. The fee for assistive devices for the disabled shall be calculated according to the reasonable cost standard of ordinary applicable devices; 9. Funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months; 10. The living expenses of the dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with 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; 11. Death compensation shall be calculated over a period of 20 years according to 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. Article 1179 of the Civil Code stipulates that a person who infringes upon another person and causes personal injury shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work.

where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; In the case of a sock search that caused the death, compensation shall also be made for funeral expenses and death compensation.

1) Medical expenses The compensation for medical expenses shall generally be determined by the diagnosis certificate of the local ** hospital and the receipts or medical records and prescriptions of medical expenses, ** fees, and hospitalization expenses. (2) Compensation for Lost Work If the injured person has a fixed income, the compensation for the lost work shall be calculated on the basis of the actual loss of income. Compensation for lost work expenses for victims who have no regular income may be determined by reference to the victim's average income in the previous year or the average income of the local area.

3) Meal expenses, hospitalization and food subsidies shall be compensated for the number of days of hospitalization in accordance with the standard of food allowance for general staff of Yuanzheng state organs on business trips (yuan day). (4) Nursing expenses If the nursing staff has income, the compensation for nursing expenses may be calculated in accordance with the provisions on lost work expenses. If the caregiver has no income, the compensation for the nursing expenses may be calculated according to the average living expenses of the local residents.

5) Transportation expenses (6) Accommodation expenses are calculated according to the accommodation standards of general staff of local state agencies, and the receipts of accommodation expenses are used as evidence. (7) Nutrition expenses The compensation for nutrition expenses may be calculated in accordance with the proportion of 40 to 60 percent of the average living expenses of local residents.

Legal Analysis: Compensation for the Death of Traffic Accident Victims:

1. Funeral expenses: 6 months of average social wage in the region in the previous year;

2. Death compensation: the per capita disposable income of urban residents in the region in the previous year was 20 years (urban), and the per capita net income of rural residents in the region in the previous year was 20 years (rural);

3. Living expenses of dependents: Dependents refer to minors who are required to support the victim in accordance with the law or adult close relatives who have lost the ability to work and have no other livelihood. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne by the victim 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 consumption expenditure of village residents in the previous year.

Legal basis

Interpretation of the People's Republic of China on Compensation for Personal Injuries Article 18 (1) The items of compensation 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. (2) In addition to item 1, the compensation items for the victim's disability due to injury include:

Disability compensation, disability assistive device expenses, living expenses for dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. (3) Compensation for the victim's death includes: in addition to the expenses in item 1, it also includes compensation for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

4) Solatium for mental harm suffered by the victim or close relatives of the deceased.

1. Elements of a hit-and-run:

1. Knowing that a traffic accident has occurred, the person involved in the traffic accident drove or abandoned the car to flee the scene of the accident;

2. The parties involved in the traffic accident believe that they are not responsible for the accident and drive away from the scene of the accident;

3. The parties involved in the traffic accident are suspected of drunk and driving without a license, and do not perform the obligation to listen to the scene after reporting the case, and abandon the car and return after leaving the scene of the accident;

4. Although the parties involved in the traffic accident sent the injured to the hospital, they did not report the case and left the hospital without reason;

2. The late standard for hit-and-run punishment is:

1. If it does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan;

2. Where the crime of causing a traffic accident is constituted, the sentence is to be between three and seven years imprisonment;

3. Whoever causes death in a hit-and-run accident shall be sentenced to fixed-term imprisonment of not less than seven years.