Ask a legal expert to help you find out how to calculate the compensation for a traffic accident

2009 Shandong Province Personal Injury Compensation Calculation Standard.

According to the 2008 National Economic and Social Development Statistical Report of Shandong Province released on February 11, 2009, the data of the calculation standard of personal injury compensation in Shandong Province in 2009 are:

The per capita disposable income of urban residents was 16,305 yuan.

The per capita consumption expenditure of urban residents was 11,007 yuan.

The per capita net income of rural residents was 5,641 yuan.

The per capita living consumption expenditure of rural residents was 4,077 yuan.

The average wage of urban workers on the job is 26,407 yuan.

1.Medical expenses are calculated on the basis of the ticket.

2.Nutrition fee for the date of hospitalization x 20 yuan.

3.Hospitalization meal allowance Date of hospitalization x $20.

4.Nursing Fee: Date of Hospitalization x $80.

5.If you do not reach the disability level or minor injury, there is no mental solace payment6If the other party can determine the disability level, the amount of compensation is not small, and if it is not fixed, there is not much, and the lowest level of disability compensation in Shandong is 16305 x20 x10%.

Since there is no problem of lost time, there is no lost time pay! The cost of care should be calculated according to the local average! As for food and nutrition, it should be calculated according to the actual necessary expenses.

There is no uniform standard of moral compensation, and the situation varies greatly from place to place, but it is generally a little lower than we imagine in our daily life.

Lost time pay is paid to the families of the injured???

Beijing lawyer Tan, since you are a lawyer, you haven't even read the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases"!! If not, it is recommended that you take a look right away, as that is the most basic guideline for the court to hear a personal injury civil case.

I am not a lawyer, and I have always believed that lawyers should know more about the law than ordinary people, and they should understand it more deeply. As a lawyer, some opinions and remarks on the law will play a great role in guiding the people, so when you haven't figured it out, don't speak lightly. One is misleading to others.

Courts sometimes award compensation for lost time, which is paid to the family of the injured person. There is no specific criterion for moral damage.

The main compensation for traffic accidents is:

1. Compensation for direct property damage. It refers to the vehicles, articles, facilities, etc. damaged due to traffic accidents, which should be repaired but cannot be repaired, as well as the loss of use value or death of livestock due to injuries, and the relevant accident responsible person shall compensate for the direct property loss at a discount.

2. Medical expenses, hospitalization fees and hospital meal expenses. Medical expenses mainly include examination fees, ** fees, hospitalization fees and medicine fees. Medical expenses can be inpatient medical expenses or outpatient medical expenses; During the period when the victim is receiving medical treatment in the hospital, he needs to consume food, and the relevant responsible person shall compensate for the expenses according to certain standards.

3. Lost time pay. It means that after a traffic accident, the victim suffers personal or property damage, and is unable to participate in work or engage in daily business activities due to the process of handling traffic, resulting in a decrease in economic income, and the party responsible for the accident shall pay only compensation.

In addition, there are disability benefits, death benefits, living expenses for dependents, and so on. Late to do.

Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law of Stimulation in the Trial of Cases of Compensation for Personal Injuries.

The person obligated to 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.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, 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.

Compensation in traffic accidents is mainly divided into vehicle loss, medical expenses of personnel, disability and high spike expenses, death expenses, nursing expenses, lost work expenses, mental damage expenses, etc., and the compensation is borne by the parties according to the traffic accident certificate.

The types of compensation for traffic accidents mainly include the loss of vehicles, the medical expenses of personnel, the nursing expenses incurred before the accident, the expenses incurred before the accident, as well as the nutrition expenses and transportation expenses, all of which are added up, and then the compensation is made according to the division of responsibilities for the traffic accident.

1. Medical expenses. It is calculated according to the expenses necessary by the hospital for the traffic accident trauma ** of the suspect in Dangqing, and the voucher is paid. After the case is concluded, if it is still necessary to continue to **, it shall be paid according to the necessary expenses of **.

2. Lost time pay. 3. Subsidy for lack of food in hospital. For the injured and disabled who are hospitalized**, they shall be compensated for the food allowance according to the actual number of days of hospitalization.

4. Nursing reputation and hand fee.

Generally, there are four ways to make a claim, namely, one is that the two brothers of the parties can negotiate and deal with it, and the second is that if the negotiation fails, they can apply for mediation by the people's mediation committee, and they can also apply for mediation by the traffic management department of the public security organ, and fourth, they can file a civil lawsuit with the people's court, and if they file a civil lawsuit with the people's court, they usually need to submit materials such as the complaint and the traffic accident identification letter.

After a traffic accident, the compensation for the traffic accident is determined according to the property loss directly and indirectly caused by the traffic accident. It is composed of celery peel and the first teaser fee of the god of lost work, nutrition fee, etc.

The compensation algorithm for traffic accidents is based on the loss of all the vehicles caused by the traffic accident, and it is necessary to assess the damage. Injuries to personnel are calculated on the basis of medical invoices.

On the basis of the degree of the victim's inability to work or the level of disability, it is calculated as 20 years from the date of determination of disability in accordance with the per capita disposable income per mu of urban residents in the previous year or the per capita pure fiber income of rural residents in the previous year at the location of the court where the lawsuit is filed.

In the event of a traffic accident and personal injury, the compensation obligor shall compensate for the expenses incurred and the reduction of the number of people who have been erected due to the hailstorm.

In the event of a traffic accident, the traffic police may compensate each other for their economic losses in accordance with the proportion of responsibility of both parties delineated by the traffic police at the scene.

The circumstances of the judgment on traffic accident compensation are as follows: 1. The court shall compulsorily carry out compulsory traffic insurance for the responsible party in accordance with the traffic accident.

The upper limit of compensation - 110,000 (disability, death), the excess part is calculated according to the proportion of liability, and this money can actually be directly awarded to the defendant and the insurance company. Similarly, medical expenses are also within the limit of compulsory traffic insurance, as long as the other party is responsible, they will be paid within the limit, and the excess part will be calculated according to the proportion of liability. 2. If there is no insurance, the corresponding loss amount will be divided directly according to the proportion of the liability of both parties.

[Legal basis].

Article 16 of the 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 provides that both compulsory third-party liability insurance for motor vehicles (hereinafter referred to as "compulsory traffic insurance") and commercial third-party liability insurance are purchased at the same time.

Hereinafter referred to as "commercial third-party insurance".

If a motor vehicle causes damage in 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, follow the Road Traffic Safety Law and the Tort Liability Law.

Where it is requested that an insurance company that underwrites compulsory liability insurance give priority to compensation for mental damages, the people's court shall support it.

The main costs are as follows:

1.Medical expenses.

2.Follow-up medical expenses, this must be subject to an appraisal conclusion.

3.The hospital meal allowance is multiplied by the number of days in your hospital according to your local standard.

4.Lost time pay, your father's salary multiplied by three months.

5.The nursing fee is multiplied by the local standard by the number of days in the hospital, and if a nurse is hired, the nurse is required to issue a nursing invoice and certificate.

6.Disability compensation, Jiangxi's annual disposable income of urban residents in 2011 is 17495*53%*20, 53% is a relatively conservative calculation.

7.Do you have any people in your family who are minors or over 60 years old and have no income** and need to be supported by your father? If there is, it is necessary to calculate the living expenses of the dependents, and this part of the cost is also relatively large.

8.What is the status of blindness in the left eye? Do I need to install a prosthetic eye? If necessary, the cost of disability assistive devices is calculated, which is also relatively high.

9。It is possible to claim 3-50,000 yuan in moral damages.

If the driver refuses to pay, then go to court to sue! Is there a traffic accident certificate from the traffic police force?

This can only be determined by the lawyer after looking at your bills and evidence.