Traffic accident liability compensation, death, the other party is fully responsible

Traffic Accident Death Compensation] Article 37 of the Measures for the Handling of Road Traffic Accidents stipulates:

1) Medical expenses: calculated according to the necessary expenses of the hospital for the traffic accident trauma of the parties, and paid by vouchers. If it is truly necessary to continue after the case is concluded, it shall be paid in accordance with the necessary expenses.

7) Funeral expenses: paid according to the funeral expenses standard of the place where the traffic accident occurred.

8) Death compensation: calculated according to the average cost of living in the place where the traffic accident occurred, compensation for 10 years. for those under the age of 16, the age is reduced by one year for each year younger; For those over 70 years of age, the age shall be reduced by one year for each additional year, and shall not be less than five years in the most places.

9) Living expenses of dependents: limited to the deceased or the disabled person who was actually supported before his or her death or before the disabled person lost the ability to work, and who had no other livelihood, and was calculated according to the subsidy standard for the living difficulties of residents in the place where the traffic accident occurred. Persons under the age of 16 are supported up to the age of 16.

For a person who is unable to work for 20 years, but over the age of 50, the age shall be reduced by one year for each additional year, with a minimum of not less than 10 years; Those over the age of 70 are counted as five years. Support for other dependants for five years.

10) Transportation expenses: calculated according to the actual necessary expenses of the parties, paid by vouchers.

11) Accommodation expenses: Vouchers shall be calculated and paid according to the accommodation standards of general staff of state organs in the place where the traffic accident occurred.

Article 38 stipulates that the transportation expenses, lost work expenses, and accommodation expenses required by the relatives of the parties participating in the handling of traffic accidents shall be shared according to the responsibility for the traffic accident, and the number of people calculating the expenses shall not exceed three.

Article 35 stipulates that the person responsible for the traffic accident shall bear the corresponding liability for damages in accordance with the responsibility for the traffic accident.

Counting the funeral expenses, the maintenance of the 14-year-old son, the mental loss does not exceed 50,000, and it is almost more than 150,000 yuan. The other party's escape will only increase his criminal responsibility, which was originally less than three years, but now it is three to seven years.

1. How to compensate the other party for the death of a traffic accident.

1. The other party who dies in a traffic accident shall be fully liable for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the income reduced due to lost work, funeral expenses, and death compensation. 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. For those over 60 years of age, the age is reduced by one year for each additional year.

2. Legal basis: Article 1208 of the Civil Code of the People's Republic of China.

If a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.

Article 1209.

If the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party of the motor vehicle, the user of the motor vehicle shall be liable for compensation;If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

2. What are the steps to deal with traffic accidents?

1. After receiving the report, the public security traffic management department shall file the case in accordance with the scope of jurisdiction after receiving the report from the party or other persons;

2. On-site processing, after the public security traffic management department accepts the case, immediately dispatches personnel to the scene, rescues the injured and property, investigates the scene, and collects evidence;

3. Determination of responsibility: On the basis of ascertaining the facts of the traffic accident, the public security traffic management department shall make a determination of the traffic accident responsibility of the parties according to the causal relationship between the violation of the accident and the traffic accident.

The death of the owner of the car who is fully responsible for the traffic accident will also be compensated. Where a traffic accident causes the death of the victim, the compensation obligor shall compensate for the funeral expenses, the living expenses of the dependents, the death compensation, and other reasonable expenses incurred by the victim's relatives in handling funeral matters, such as transportation expenses, accommodation expenses, and loss of work. If the owner of the car is fully responsible, the insurance company will compensate for the death, and if it is insufficient, the estate will be compensated.

[Legal basis].

Article 15 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provides that death compensation shall be calculated over a period of 20 years in accordance with 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. However, if the age is over 60 years old, the sales will be reduced by one year for each additional year of age;Those over the age of 75 are counted as five years.