Car Accident Injury Insurance Compensation Standards, Car Accident Injury Compensation Standards

How car accident personal injury insurance is compensated.

Legal analysis: general car accident compensation standards, medical expenses, nursing expenses, transportation expenses, hospital meal subsidies. The standard of compensation for the victim's disability due to injury is calculated on the basis of the degree of the victim's inability to work or the level of disability in the stall hall, and 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 is calculated for 20 years from the date of determination of disability.

Legal basis: Article 17 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" provides that if the victim suffers personal injury, the various expenses incurred due to medical treatment** and the income lost due to lost work, including medical treatment expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, shall be compensated by the compensation obligor. 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.

In the event of the death of the victim, the compensation obligor shall compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters, in addition to the relevant expenses provided for in the first paragraph of this article according to the circumstances of the rescue.

Legal Analysis: The contents that need to be compensated include:1

Lost time pay: Determined based on the victim's lost time and income. 3.

Hospitalization meal subsidy: It can be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 4.

Nursing fee: Determined according to the income status of the nursing staff, the number of nursing staff, and the duration of nursing care. 5.

Transportation expenses: Calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or transfer**. 6.

Nutrition expenses: Determined based on the victim's disability with reference to the opinions of medical institutions. 7.

If disability is caused, disability compensation, disability assistive device expenses, living expenses of dependents, etc., shall be paid: disability compensation shall be calculated according to the degree of incapacity or disability level of the victim, and 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, combined with the age factor of the injured person. 8.

If death is caused, it is also necessary to compensate for funeral expenses, living expenses of dependents, death compensation, etc.: The death compensation shall be calculated 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, combined with the age of the deceased.

Legal basis: Article 19 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Medical expenses are determined on the basis of receipts for medical expenses, hospitalization fees, and other receipts issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.