Emergency Help: Compensation after a traffic accident and related issues

It is estimated that it will be difficult for the other party to reach a consensus on such a claim for compensation now, and the following two suggestions are put forward, each with its own advantages and disadvantages, for your reference:

1.According to the nearly 30,000 yuan proposed by the other party, after deducting the part you paid in advance, the remaining will be given to the other party at one time, and the case will be closed as soon as possible, and you will spend money and save trouble;

2.Let the other party sue to the court, you give it a dismissal, and the final result is a lose-lose situation, you lose money, and the other party loses the future life path; Here's why:

One is that there is no compensation for mental damages, traffic accidents only have mental compensation in the death and disability, the court will not accept it, the other party may not be able to get the 5,000, because traffic accidents are accidental and sudden, you are not intentionally injured, the second is to ask the other party's husband to show evidence that the unit deducted money due to nursing, although it can be obtained, but in fact, the other party's husband owes the boss a great favor, which will definitely have an impact on his future work, and he has to repay the debt for the boss, otherwise, the boss will use this to say things and scold him for not being righteous, He will be difficult to mix, this is the retribution as the old saying goes, the third is the cost of lost work, the other party can get a 30-day discharge certificate, has owed someone in the hospital a great favor, you can also ask the other party to show the unit because of the deduction of money for lost work (because the teacher stayed in the hospital for a month, but can not prove that the salary was deducted), the other party also has to go to the unit leader, in this way, let him run the unit to find the leader, and owe the unit leader a great favor, as the saying goes, out of the mix are to be repaid, even if you get a few thousand yuan, in addition to the cost of favors, will have an impact on her integrity and work in the future, and fourth, she can also make corresponding rejections of other expenses she proposed, so that she is nerve-wracking, and really feels that money is not something that can be asked for casually.

As for which advice to adopt, it's up to you to decide, and if you don't think it's right, it's just nonsense.

Such a trivial matter, the insurance company will pay within the limit of compulsory insurance liability, and it is none of your business. (The compensation claim put forward by the other party is good, and the specific amount must be determined in accordance with the law, which is negotiable.) ）

You have to prove that the evidence is false, and there is also the insurance company's three-party insurance. Don't be depressed.

1.Payment of nutrition fees can be requested; In addition, there should be expenses such as lost time pay; There is no hard standard for nutrition expenses, generally 20-40 yuan, and the judge will consider it according to the victim and the local living standard, but there will definitely be, and the hospital medical records are just for reference;

2.If the court will not request a new disability evaluation, it should be requested by the opposing party. If the results are different, if you are not satisfied, you can jointly request the court to appoint an agency for re-appraisal with the other party's contemporaries;

3.If you are injured and seek medical treatment, you will inevitably incur some transportation expenses, which the court will consider at its discretion, and it is not that there will be no invoices and no compensation;

4.According to the actual situation, if the hospital thinks that one person is enough to take care, then two is really not necessary, if you ask the hospital to add two, it is not a question of whether the court agrees, but whether the other party agrees.

If you do not plan to hire a lawyer, it is recommended that you apply for free legal aid at your local legal aid center.

The victim suffers personal injury, various expenses incurred due to medical treatment**, and the income lost due to lost work, including medical expenses (according to the receipt vouchers issued by medical institutions, hospitalization fees, etc.), lost work expenses (if the victim has a fixed income, the lost work expenses are calculated according to the actual reduced income.) If the victim has no regular income, it is to be calculated on the basis of his average income in the last three years), nursing expenses (calculated with reference to the labor remuneration standards for local nurses engaged in the same level of care), transportation and accommodation expenses (based on official bills), hospital meal allowance (refer to the standard of food allowance for general staff of local state organs on business trips), and necessary nutrition expenses (to be determined with reference to the opinions of medical institutions).

If the victim is disabled due to injury, the necessary expenses incurred by the victim for increasing his or her living needs and the loss of income due to the loss of ability to work, including disability compensation (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 shall be calculated as 20 years from the date of determination of disability). However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years. The compensation obligor shall also compensate for the expenses of disability assistive devices, the living expenses of dependents, and the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care and continuation.

In the event of the death of the victim, the compensation obligor shall, in addition to the rescue expenses, also compensate the funeral expenses and the living expenses of the dependents (calculated in accordance with the standards for 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). if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood, it shall be calculated for 20 years), death compensation (death compensation shall be calculated for 20 years according to the per capita disposable income of urban residents or per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed), and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of lost work incurred by the victim's relatives in handling funeral matters.

Where the victim or the deceased's close relatives suffer mental damages, and the person entitled to compensation requests the people's court for compensation for moral damages, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply, and the specific amount shall be determined by the court.

Good luck.

If the other party is fully responsible for personal injury caused by a traffic accident, the driver and the insurance company shall compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses, necessary nutrition expenses and hospital meal subsidies.

If the disability is caused, the person may claim disability compensation, disability equipment expenses, and compensation for mental damages.

Where the re-appraisal is made, the conclusion of the re-appraisal is controlling.

If there is no evidence such as a ticket, the request for transportation expenses will not be supported.

The nursing fee can be requested according to the actual occurrence of two people.

Lawyer Wang Yanling.

1. You can ask for nutrition fees, 50 yuan per day.

2. The final appraisal conclusion shall prevail.

3. You can try your best to collect some transportation bills.

4. Calculated according to two nursing staff.

Hello, to the problem you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

1. Determination of responsibility for accidents.

The determination of the responsibility of the traffic police for the accident needs to be judged through the on-site surveillance video, the accident scene map, the statement of the parties, etc. According to your description, the motor vehicle party should bear the primary responsibility. This is only an inference, and the final determination of responsibility must be based on the responsibility determination of the traffic police brigade.

2. Compensation.

All motor vehicles in China should pay compulsory traffic insurance, which is called motor vehicle traffic accident third-party liability insurance. The total insurance limit of the insurance is 10,000 yuan, including 110,000 yuan for death and disability, 10,000 yuan for medical expenses (drugs beyond the scope of medical insurance are no longer within the scope of compensation), and 2,000 yuan for property damage. Therefore, if you want to get more compensation in the compulsory traffic insurance, you need to do a disability appraisal, and after the appraisal, regardless of the disability level, the insurance company will pay the 110,000 yuan.

And the victim has a direct right to claim against the insurance company of the vehicle involved in the accident.

You can refer to the provisions of the Supreme People's Court on several issues concerning compensation for personal injuries that can be claimed by the elderly, and the judicial interpretation is easy to understand, and you can make specific calculations based on the actual situation.

Clause.

1. The traffic team shall issue a traffic accident liability determination letter, and the court will not change the accident liability determination letter at the court stage. I believe that the vehicle should be the primary responsibility.

Second, according to the proportion of responsibility, the first is borne by the vehicle's insurance, and the rest is borne by the owner.

The car that caused the accident bears full responsibility and should compensate for all losses.

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

Where the injured or disabled in a traffic accident need to be hospitalized, transferred, or cared for, they shall have a certificate from the hospital and obtain the consent of the public security organs. Those who are hospitalized, transferred, use nursing staff, purchase drugs by themselves, or refuse to leave the hospital beyond the discharge date notified by the hospital shall bear the expenses of the injured and disabled.

Lost work expenses: If the party has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than three times higher than the average living expenses of the place where the traffic accident occurred, it shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred.

Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state agency in the place where the traffic accident occurred.

Nursing expenses: During the hospitalization of the injured person, if the nursing staff has income, it shall be calculated in accordance with the provisions on lost work expenses; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.

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

6.Accommodation fee: Calculated according to the accommodation standard of the general staff of the state agency in the place where the traffic accident occurred, and paid by voucher.

7.Compensation for material losses: Vehicles, articles, facilities, etc. damaged due to traffic accidents shall be repaired, and if they cannot be repaired, compensation shall be made at a discount. If the livestock loses its use value or dies due to injury, compensation shall be made at a discounted price.

In addition, it is necessary to see whether there is a disability, and the disability must also be assessed: if the party involved in the traffic accident is disabled due to injury, within 15 days after the end of the **, he can apply to the public security organ for disability assessment. The public security organs shall, on the basis of the hospital certificate and the Ministry of Public Security's standards for assessing disability in road traffic accidents, assess the level of disability within 30 days of receiving the application for disability assessment.

Where parties are not satisfied with the disability assessment, they may apply to the public security organ at the level above for a new assessment within 15 days of receiving the assessment document. Within 30 days of receiving the application for reassessment, the public security organ at the level above shall make a decision on reassessment.

1.Living allowance for the disabled: Calculated according to the level of disability and the average living expenses in the place where the traffic accident occurred.

Compensation for 20 years from the month of disability. However, if the age is over 50 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 10 years; Those over the age of 70 are counted as five years. 2.

Disability appliance fee: If it is necessary to prepare a compensatory appliance due to disability, it shall be calculated according to the cost of the universal appliance with the certificate of the hospital. 3.

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 calculated according to the standard of living hardship allowance for residents in the place where the traffic accident occurred. Persons under the age of 16 are raised until they reach 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.

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 based on the actual bills and evidence, income, lost work time, disability level, household registration, local statistics, living standards, etc.

It seems that the other party will not constitute a disability, and the amount will not be very large, and the insurance is basically enough. If you are willing to cushion, if you are not willing to cushion, you can let the other party sue you and your insurance company, and the court can directly order the insurance company to compensate the injured within the limit of the compulsory traffic insurance, and you will have nothing to do.

1. Medical expenses, hospital meal subsidies, nutrition expenses, etc

2. Nursing expenses, lost work expenses, etc

3. Transportation expenses.

It appears that he is not disabled. That's probably the cost.

I hope mine will help you. At the same time I'm on a mission, hoping for my answers.