Car Accident Compensation Project 10, Car Accident Compensation Program

Compensation for medical expenses, nutrition expenses, nursing expenses, loss of work, and mental damage.

How much depends on how much you actually spend.

It includes all medical expenses, hospital meal allowances, lost work expenses, nursing expenses, nutrition expenses, etc., and compensation for disability compensation and mental solace if disability is caused.

According to the actual situation of the person injured in the traffic accident, he or she may claim compensation from the responsible party, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.

Where the victim is disabled due to injury, it also includes disability compensation, expenses for disability assistive devices, living expenses for dependents, as well as necessary expenses actually incurred as a result of nursing care and continuation, nursing expenses, follow-up expenses, mental damages, and so forth.

The specific amount is calculated according to the actual bills, evidence, income, lost work time, disability level, household registration, local statistical data, living standards, etc., and the calculated total amount is within the limit of the other party's vehicle compulsory insurance shall be compensated by the insurance company in full, and the excess part shall be compensated by the parties to the accident according to the proportion of accident liability.

1) Items and standards of compensation for personal injury: The compensation obligor shall compensate for all expenses incurred for medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2) Disability compensation items and standards: The compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive devices, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

3) Compensation items and standards for death: In addition to the relevant expenses specified in 1 according to the rescue situation, the compensation obligor shall also compensate 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) Items and standards for suffering moral damages: Where the person entitled to compensation (the victim or the close relatives of the deceased) requests compensation for moral damages from the Renzhiqiao Shumin Court, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to determine it. The right to claim solatium for moral injury must not be assigned or inherited.

However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.

In any case, as long as the victim is injured, the perpetrator needs to be responsible for the victim's injury and expenses. In addition, the victim can also go to the relevant disability appraisal agency to determine whether the disability standard is met. The perpetrator can apply for compensation by mutual elimination insurance, but if the limit of 110,000 is exceeded, the perpetrator will pay by himself.

Article 17 of the Full Text of the Judicial Interpretation of the People's Republic of China on Compensation for Personal Injuries stipulates that the compensation obligor shall compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Where the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive devices, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.