How to accompany the loss of work expenses of PICC car insurance, and how much is the loss of work e

Counsel replied. Article 50 of China's Insurance Law stipulates that liability insurance refers to insurance with the insured's liability for compensation to a third party as the subject matter of insurance. In other words, as long as it is within the limit of third-party liability insurance, it is the compensation obligation that the party responsible for the motor vehicle causing the accident should bear, no matter how much, the insurance company must bear the insurance liability.

If the insurance company is unwilling to assume so much liability for risk control reasons, it can be limited or stipulated through the terms of the insurance contract. If there are no such restrictions or regulations, then the insurance company cannot shirk or reduce its obligations and responsibilities at will.

According to 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 the motor vehicle causing the accident causes personal injury to the victim, the victim shall be liable for compensation in many aspects, including the loss of the victim's lost work expenses.

Article 20 of the judicial interpretation stipulates that: "The compensation for lost work shall be determined according to the victim's lost time and income.

The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income.

If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed. ”

In other words, if the victim comes up with proof of income, then there is actually no upper limit on the lost time pay, and the actual amount should be set. If the victim cannot produce proof, in fact, the loss of lost work must be determined in accordance with the law, and it cannot be determined by any party.

In general, compensation is based on the actual loss of lost work according to national law, but it is rarely used in practice, because it is often difficult for the injured party to provide evidence to prove its lost time loss, so the conventional practice is to obtain an average wage based on the local statistical data of one year earlier, and calculate the lost time pay based on this. Hope it helps!

Doctor's approval, according to your own work, proof of lost work Proof of income.

The compensation for lost time is determined according to the working hours and income of the parties, and is generally the actual income paid by the compensation obligor to the compensation right holder during the period from the injury to the complete **, which is reduced due to the inability to engage in normal work, which is generally determined according to the diagnosis and treatment certificate issued by the medical institution.

The lost time needs to be determined by the relevant certificate issued by the ** medical institution. If the employee continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability. Lost time pay is determined based on the victim's lost time and income.

If there is a fixed income, the compensation for lost work shall be calculated according to the actual reduced income; If they have no regular income, they will be calculated on the basis of their average income in the last three years.

Where the victim is unable to provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average salary of employees in the same or similar industry in the location of the court where the lawsuit is filed or where the accident occurred. The formula for calculating the compensation amount of lost time pay can be expressed as: compensation amount of lost time pay = lost time earned time.

Extended Information: What you need to provide:

1. The employee certificate provided by the victim's unit.

2. Proof of wages provided by the victim's employer, if the victim is no longer working in the unit, the amount of the victim's salary income in the three months prior to the accident can also be provided.

3. The certificate issued by the hospital mainly refers to how long it takes to recuperate, and it is impossible to work during the period. It should be noted here that the first two supporting materials need to be stamped by the unit, otherwise the claim for lost time pay will not be possible.

How to compensate for lost time expenses in car insurance insurance?

If the party is slightly injured and does not need to be hospitalized, or the unit pays wages normally during hospitalization, the lost work pay shall not be paid, and the lost work pay shall be provided, and the actual reduction in income during the injury and illness shall be provided, and if the income is not reduced, the lost work pay cannot be paid.

The loss of time pay for PICC car insurance requires the employer to issue a certificate of income.

When making a claim for lost time expenses for car insurance claims, the determination and calculation of lost time pay are not arbitrary, which is extremely strict for insurance companies, so when the victim needs to make a claim for lost time pay, he or she still needs to provide corresponding material proof.

Lost time pay standard:

Premise: Female ≥ 18 ≤ 55 Male ≥ 18 ≤ 60 (audit age).

1) Materials provided by the injured who have work:

a, need to provide three months before and after the accident, the financial department issued a salary table, and stamped with the financial seal, the general salary includes basic salary, job allowance, taxes, etc., stamped with the company's official seal is not allowed in principle, need to report.

b. The salary deducted when not going to work during the hospitalization must be provided, and the basic salary must be excluded when calculating the missed work.

2) The injured who do not have work are divided into urban and rural hukou.

The general rural standard is: Yuan Tian, and the estimate is made according to this number.

3) The basic number of days with fractures is calculated as 90 days, and if there is a fixed object, the cap is calculated as 110 days.

Legal analysis: 1. Those with a fixed income: income from lost work (days, months, years) * lost work time.

2. Those with no fixed income:

The victim can prove his or her average income for the last three years:

Lost time spent on work (days) * Average income level in the last three years (days) If the victim cannot prove his average income in the last three years (stereotyped standard): Lost time spent on work (days) * Average salary of employees in the same or similar industry in the previous year (days).

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 10: Where a person with a compensation obligation requests payment of disability bonuses or assistive device fees in the form of regular payments, they shall provide corresponding guarantees. The people's court may, on the basis of the ability of the person obligated to pay compensation and the circumstances of providing guarantees, determine the payment of customs expenses in the form of fixed payments.

However, expenses incurred before the conclusion of the debate in the court of first instance, compensation for death, and compensation for moral damages shall be paid in a lump sum.

Analysis of the law of law reading: PICC's car insurance claim for lost time is determined according to the severity and condition of the accident, you can consult the staff of PICC.

Legal basis: Article 1179 of the Civil Code of the People's Republic of China includes the following items: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive devices, living expenses for dependents, ** expenses, follow-up expenses, funeral expenses, death compensation, transportation expenses incurred by the relatives of the victim in handling funeral matters, accommodation expenses, lost work and other reasonable expenses, and solatium for mental damages.

Legal analysis: PICC's car insurance claim for lost time is determined according to the severity and condition of the accident, you can consult the staff of PICC.

Legal basis: Article 1179 of the Civil Code of the People's Republic of China includes the following items: medical treatment expenses, lost work expenses, maintenance measures, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses for dependents, ** expenses, follow-up expenses, funeral expenses, death compensation, transportation expenses incurred by the victim's relatives in handling funeral matters, accommodation expenses, loss of work and other reasonable expenses, and solatium for mental damages.