How to compensate for lost time in traffic accidents without a work unit?

Updated on society 2024-03-15
4 answers
  1. Anonymous users2024-02-06

    Article 20 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 stipulates that the compensation for lost time shall be determined on the basis of the victim's lost time and income.

    Calculation formula: Lost time pay = lost time Lost time Lost time earned.

    1. Lost time.

    1) Non-fatal cases: determined by the certificate of lost work issued by the medical institution; In the case of disability, the time lost from work may be calculated to the day before the date of disability based on the appraisal opinion that constitutes the disability.

    2) Death case: The lost time of the family can be calculated from the date of death to the date of cremation and burial according to the burial method of the deceased.

    2. Income from lost work.

    1) Actual income: that is, the amount of stable income such as the wages of the people who have been lost from work.

    2) Average income in the past 3 years: the average income of the missing person in the last 3 years. (1 year in some areas).

    1) Standards for compensation for personal injuries.

    In accordance with 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 and Article 16 of the Tort Liability Law of the People's Republic of China, the standards for personal injury compensation include the following items: medical expenses, lost work expenses, nursing expenses, 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, accommodation expenses, loss of work and other reasonable expenses incurred by the victim's relatives in handling funeral matters, and solatium for mental damages.

    2) Compensation standards for property losses.

    The compensation standard for property damage is based on the direct and indirect losses caused by traffic accidents.

    Compensation standards for direct losses:

    In principle, the original state of affairs shall be restored or compensation shall be compensated at a discounted price. For partially repairable vehicles, facilities and articles, compensation shall be made for maintenance costs; If the depreciation is caused by partial losses, the loss of the depreciation part shall also be compensated; Where it cannot be repaired, compensation shall be made for its actual value.

    Compensation standards for consequential losses:

    Where the victim suffers indirect losses as a result of a traffic accident, the infringer shall also compensate for the losses. For example, in a traffic accident damage compensation case, if the victim claims compensation for the loss of the suspension of operation during the repair period of the damaged vehicle on the grounds that the damaged vehicle is being used for cargo transportation or passenger transportation business activities, the person responsible for the traffic accident shall compensate for it.

    3) Standards for compensation for moral damages.

    Therefore, in specific judicial practice, the solatium for moral damage can only be determined within a similar, objective, reasonable and appropriate scope based on the specific circumstances of the parties, including the regional economic environment, the identity of the parties, the family background of the parties, the extent of the parties' responsibilities in the case, and the social influence.

  2. Anonymous users2024-02-05

    Compensate. Lost time pay is determined based on 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.

  3. Anonymous users2024-02-04

    Summary. Pro-<>

    <> will be happy to answer for you: in the event of a traffic accident, you can also claim compensation for lost time if you do not have a regular job. If the victim has no regular income, it shall be calculated according to his average income in the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, the calculation may be made with reference to the average salary of employees in the same or similar industry in the location of the court where the lawsuit is filed in the previous year.

    How to compensate for lost time in traffic accidents without a work unit?

    "I am glad to answer for you: In the event <>of a traffic accident, if you do not have a regular job, you can also claim compensation for lost time. If the victim has no regular income and hail, it shall be calculated according to his average income in the last three years; If the victim is unable to provide evidence to prove his average income in the last three years, the average salary of the employee in the same or similar industry in the previous year may be used to calculate the amount of the average salary of the employee in the same or similar industry in the place where the court is sued.

    Legal basis: Article 7 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 Article 7 Lost time is determined on the basis of the victim's lost time and income. The time of lost work is determined according to the certificate issued by the medical machine that the victim has received.

    If the victim continues to miss work due to disability due to injury, the time of missing work may be calculated until the day before the fixed disability date.

  4. Anonymous users2024-02-03

    Summary. Hello dear <>

    We're happy to answer your <>

    If a traffic accident causes you to lose work, you need to claim compensation from the other party, but the other party does not have a work unit, you can compensate in the following ways:1Ask the other party to provide a guarantor:

    The other party may be required to provide a guarantor, and the guarantor shall bear part or all of the liability for compensation. The guarantor can be a family member or friend of the other party, and the consent of the other party is required and a written guarantee is required. <>

    How to compensate for lost time in traffic accidents without a work unit?

    Hello dear <>

    We're happy to answer your <>

    If a traffic accident causes you to lose time and need to claim compensation from the other party, but the other party does not have a workplace code for this unit, you can compensate in the following ways:1Ask the other party to provide a guarantor:

    The other party may be required to provide a guarantor, and the guarantor shall bear part or all of the liability for compensation. The guarantor can be a family member or friend of the other party, and the consent of the other party is required and a written guarantee is required. <>

    2.Application for compulsory enforcement: You can apply to the court for compulsory enforcement, and the court will compel the other party to bear the liability for compensation.

    In the course of the execution of the journey, measures such as sealing, seizure, and auction may be taken to compel the other party to perform its obligation to compensate. It should be noted that the specific amount of compensation should be calculated based on your actual losses, including wages, bonuses, subsidies, etc. during the lost work period. At the same time, the records of communication with the other party and the relevant evidence of the traffic accident should be retained so that they can be proved in the claim process.

    Flowers tremble like <>

    How are you there? Is it normal for the insurance company to pay for two months' nursing expenses after being hit by a car?

    The shoulder carapace was fractured.

    Hello. Yes, kiss hello <>

    We're happy to answer your <>

    If you need to hail for a long time due to a shoulder carabiner fracture caused by a car crash, two months of nursing expenses are not enough to cover all the costs. Generally speaking, the amount of compensation from the insurance company should be calculated based on your actual losses, including medical expenses, nursing expenses, lost time expenses and other expenses. For more serious injuries such as shoulder nail bone fractures, it takes a certain amount of time to **, and the time for this care fee also needs to be extended accordingly.

    If you believe that the insurance company will not pay enough to cover your actual damages, you can file an objection with the insurance company and ask for a recalculation of the compensation amount. If the insurance company cannot give a reasonable explanation or compensation plan, you can file a complaint with the insurance regulatory department or protect your rights and interests through legal channels. <>

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