If a tooth is lost due to a traffic accident, the other party is fully responsible, how should it be

Updated on society 2024-04-16
9 answers
  1. Anonymous users2024-02-07

    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.

    2) Compensation for lost work: 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 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. (3) Hospitalization meal subsidy:

    It is calculated according to the standard of food allowance for the staff of the state organ in the place where the traffic accident occurred. (4) Nursing expenses: During the period of hospitalization of the injured, 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) Living allowance for the disabled: calculated according to the level of disability and the average living expenses of 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. 100% of the living allowance will be given to those who are assessed as first-class disabled, 10% of the living allowance will be given to those with tenth-grade disabilities, and the difference between the compensation ratios of the two adjacent levels is 10%.In the case of multiple disabilities, the compensation ratio of the highest disability level assessed shall be used as the base, and the compensation ratio shall be increased by 4% for each additional disability level 1-5 for other disabilities, and 2% for each additional disability level 6-10, and the total increase shall not exceed 10%, and the maximum disability compensation ratio shall not exceed 100%.

    The living allowance for the disabled and the compensation for lost work shall not be double-counted. Based on the date on which the disabled person is disabled, compensation for lost work is paid before, and living allowance is paid afterwards. (6) Expenses for disability appliances:

    If it is necessary to prepare compensatory appliances due to disability, the cost of universal appliances shall be calculated according to the hospital certificate.

  2. Anonymous users2024-02-06

    The answers are as follows: 1. Disability.

    According to the "Classification of the Degree of Disability of Human Injury".

    7 or more teeth are missing or broken; Alveolar bone is partially defective, with more than 4 teeth missing or broken;

    A grade 10 disability can be assessed.

    The rest can be queried in the "Classification".

    2. Medical expenses.

    The other party must not only compensate for the medical expenses incurred**, but also compensate for the subsequent dental prosthetic costs, as well as the possible re-prosthetic costs in the future. The age, amount, and compensation period of specific dentures need to be based on local standards (consumption levels vary from place to place).

    3. Lost work expenses, nursing expenses, etc.

    These are losses common to all traffic accidents, not specific to dental losses, so I won't go into them here. You can explain it on your own.

  3. Anonymous users2024-02-05

    If the other party is fully responsible for the injury caused by the traffic accident, all the losses are borne by the other party, and the other party should be responsible for all the costs of your dental implants, lost work expenses, nutrition expenses, mental damages, etc., which are compensated by the other party.

  4. Anonymous users2024-02-04

    1.Full liability for all losses caused by traffic accidents, such as tooth loss, filling, porcelain tooth and other expenses.

    2.Whether the loss of a tooth can be assessed as a disability. You can also consult your local forensic authority for this.

    3.Compensation for the cost of filling, disability compensation, spiritual solace, ** fee, etc., are all losses.

  5. Anonymous users2024-02-03

    Compensation generally includes medical expenses, hospitalization or recuperation caused by lost work expenses, nutrition expenses, transportation expenses, mental damage expenses, etc., the specific amount of compensation you need to negotiate with the other party or the other party's insurance company, if the amount of compensation cannot be negotiated, then you can only file a lawsuit with the court.

  6. Anonymous users2024-02-02

    **Teeth, it is recommended to go to a regular big hospital, and reasonable medical expenses can be claimed by the other party.

  7. Anonymous users2024-02-01

    After the appraisal, claim compensation from the insurance company.

  8. Anonymous users2024-01-31

    Legal analysis: When handling a traffic accident, the public security organ shall, after ascertaining the cause of the traffic accident, determining the responsibility for the traffic accident, and determining the losses caused by the traffic accident, convene the parties and relevant personnel to mediate the compensation for damages.

    The time limit for mediation of damages is 30 days, and the public security organs may extend it for 15 days if they deem it necessary. For injuries caused by traffic accidents, mediation shall begin from the date of termination or disability; In the case of death caused by a traffic accident, mediation shall commence from the date of the end of the prescribed time for handling funeral matters; If the traffic accident only causes property damage, the mediation shall commence from the date on which the damage is determined.

    Where an agreement is reached through mediation, the public security organs shall draft a mediation document, which shall be signed by the parties, relevant personnel, and mediators, and shall take effect immediately after affixing the public security organ's seal. The public security organs shall send the mediation documents to the parties and relevant persons respectively. Where no agreement is reached after the completion of the mediation period, the public security organs shall draft a written conclusion of mediation, which shall be signed by the mediator, affixed with the seal of the public security organs, and sent to the parties and relevant personnel.

    For tooth injury, the insurance company generally only calculates according to the standard of ordinary tooth filling, that is, about 500 yuan a piece.

    From a legal point of view, reasonable expenses (including dental restoration costs) should be reimbursed by the insurance company as long as they are covered by insurance.

    Legal basis: Article 6 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 6 Medical expenses are determined on the basis of the receipts issued by medical institutions for medical expenses, hospitalization fees, etc., 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 inevitable on the basis of the medical certificate or appraisal conclusion, they may be compensated in the same liquid as the medical expenses already incurred.

  9. Anonymous users2024-01-30

    If a traffic accident tooth injury or group reputation, the insurance company generally only according to the standard of ordinary filling, from a legal point of view, the reasonable ** fee including the cost of dental restoration, only to be covered by the insurance should be claimed by the insurance company.

    Legal basis: Article 17 of the Interpretation of the Supreme People's Court of the People's Republic of China on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provides that the person obligated to compensate the victim for personal injury, the various expenses incurred due to medical treatment, and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. 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 ability to work, including disability compensation, disability assistive device expenses, and living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

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